Courts understood when the object of purchase can be specified differently in the notice and documentation

7 February 2019, Thursday

The control body conducted an unscheduled inspection and revealed a violation: in the notice, the customer specified the name of the object of purchase "computer and peripheral equipment repair Services", and in the documentation and the draft contract — "Provision of services for system maintenance of equipment and replication".

The customer appealed the decision in court.

The courts found that the customer was not technically possible to specify a different name. The notification form is to be filled in on the EMC website. In the column "purchase Object" you need to select the appropriate code OKPD 2, otherwise the system will not publish the purchase. The closest in meaning to the object of purchase was OKPD 2 95.11.10.000 "computer and peripheral equipment repair Services".

The decisions were made in favor of the customer. A Supreme court judge refused to refer the case to the economic disputes panel.

Document: Determination of the Supreme Court of 23.01.19 in case no. A76-31279/2017.

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