State customers should issue at least two electronic signatures

27 August 2018, Monday

Electronic signature was only the head of the customer, but he was suddenly fired. Because of this, the customer was unable to sign the state contract and canceled the purchase, although the winner has already been chosen.

The Supervisory authority recognized the cancellation of the purchase as a violation. The courts of second and third instance supported him. Law n 44-FZ sets a deadline for cancellation of the purchase. It can not be observed only if there are circumstances of force majeure.

The courts explained that the dismissal of the Director General is not force majeure. The company had to foresee that the electronic signature may be needed even when the CEO will be absent (for example, due to illness, vacation, business trip).

Document: Regulation AC East-Siberian district from 16.07.2018 in case N A19-21253/2017

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