Public procurement: the court recognized as legitimate the return of a complaint received after the period of appeal
The businessman sent complaints to the antimonopoly authority on the provisions of the documentation. Complaints were submitted to the communication organization before the expiry of the appeal period, and the OFAS was received after this deadline. The control body returned them without consideration.
The court was supported by the antimonopoly body. The entrepreneur's references to the norms of the Civil Code are rejected. The norms of Law No. 44-FZ are special in relation to the norms of the Civil Code of the Russian Federation on the calculation of terms.
In order for the complaint to be effectively and timely reviewed, the date of filing should be considered the day when it was submitted to the antimonopoly body, and not to the postal authority.
It is separately stated that the complaining businessman had no accreditation on the site and could not participate in the procurement.
It is important that the entrepreneur's cassation appeal was refused to be submitted to the Judicial Collegium on Economic Disputes of the RF Armed Forces for consideration.
At the same time, the FAS expressed a different opinion.
Document:
Decree of the AC of the North-Western District of 23.01.2018 on the case N A26-5362 / 2017