The state customer does not always have the right to receive security in case of rejection of three participant's applications

It can not withhold the participant's money if the violations on his part were not systematic, says the AC of the East Siberian District.

Due to the circumstances of the case, the company submitted applications for participation in three electronic auctions, which were rejected, because they were not accompanied by the necessary documents. The operator of the electronic platform has transferred the customer the provision of one of the applications.

The court considered that the applications were filed with the same drawbacks and were considered simultaneously, so the participant could not know about the violations in the design and correct them.

According to the court, in this case the violation is a one-off, rather than a systematic one, therefore, there are no grounds for securing the security provided for in Law № 44-Federal Law.

In making the decision, the court referred to the similar position of the Supreme Court of the Russian Federation.

Document: Resolution of the AC of the East Siberian District of 15.09.2017 on the case N A10-6685 / 2015