The Supreme Court of the Russian Federation ruled that the state customer is not obliged to fix in the documentation the requirement of novelty of the goods, since this requirement is implied

The Court interpreted the Law on the contract system as follows: the goods offered for delivery must always be new, even if this requirement is not specified in the procurement documentation. In the opinion of the Russian Federation Supreme Court, in documents, on the contrary, it is necessary to fix only the requirement / assumption of delivery of second-hand goods, if the customer allows such an opportunity.

The novelty of the goods, therefore, is assumed by default. Therefore, the information about the participant should not be reflected in the application in the same way.

Earlier, in the framework of purchases under the 44-Federal Law in practice, the customer had to prescribe the requirement for novelty of the delivered goods in the description of the procurement object (if the purchase does not imply otherwise). Otherwise, he risked on absolutely legal grounds to receive the required goods, which had been in use. The considered definition of a supreme court should exclude the possibility of such a situation.

Document: Definition of the Supreme Court of the Russian Federation of September 26, 2017 N 302-KG17-6955