Shattered public procurement overhaul: FAS can recover from the contractor all the income on transactions
The customer on the basis of item 5 h. 1 of Art. 93 of the Law N 44-FZ signed eight public contracts for capital repairs of rooms with the contractor. At the same time, General design and estimate documentation was drawn up for the work, the first five contracts were signed in one day.
The Antimonopoly authority decided that such actions limit competition, and ordered the contractor to transfer to the budget the money received for work (more than 1 million rubles).
The contractor went to court. One of the arguments about the illegality of the order was that instead of it had to impose a fine on the administrative Code.
The administrative penalty for an anti-competitive agreement between the state customer and the participant can be up to half of the NMCC. Under the law on protection of competition, the executor of such an agreement may receive an order to transfer to the budget the income received from the transaction. FAS previously indicated: if you can calculate the amount of administrative fine, the offender should be punished by the administrative Code.
Document: determination of the armed forces of 05.07.2018 in the case of N A34-4692/2017