Declaration of the participant of public procurement: either in General, or a detailed explanation on all points
The participant specified in the Declaration as a part of the second part of the application that it meets the requirements of item 3-9 of part 1 of Art. 31 of the Law N 44-FZ. He also gave a more detailed justification on all points, except p. 7, 7.1 of part 1 of article 31 of the Law N 44-FZ. The Commission of the customer rejected the application, considering that the participant has not confirmed its compliance with these points.
The Supervisory authority and the court of first instance disagreed with this decision. The law N 44-FZ does not provide for the Declaration form, so the participant can choose either: as generic and specific paragraphs of part 1 of article 31 of the Law N 44-FZ.
However, the courts of appeal and cassation had a different point of view. From the contents of the Declaration it is impossible to draw an unambiguous conclusion whether the participant complies with paragraphs 7 and 7.1 of part 1 of article 31 of article 31 of the Law N 44-FZ, as he decided to detail the data on other items. The Supreme court upheld this position.
In the Declaration, it is better to use generalized wording or to disclose all the paragraphs in order not to mislead the Commission.
Document: Definition of the Supreme court from time loan-to 03.09.2018 in the case N A76-16008/2017