The court reminded the participants of public procurement, how much is the decision of “LLC” on the approval of a major transaction
The auction Commission rejected the application of “LLC” due to non-compliance with documentation requirements. Among the documents there was no current decision to approve a major transaction. The society appealed to the court.
When considering the case, it was found that the decision submitted by the participant did not specify the period during which it is possible to make transactions. In this case, the decision is valid for one year. At the time of the auction, this period has already expired.
The argument that the execution of such contracts is a normal business activity for the company did not work. The court ruled that it is: time is part of the application there is a solution, the deal requires approval.
The Supreme Court refused to review the case.
Document: Definition of the Supreme court of 25.03.2019 N 310-ES 19-1603