The сommission should check the integrity of participants in electronic procurement through the UIS
The Commission rejected the participant's application, finding information about it in the register of unscrupulous suppliers (RNP). The participant appealed to the control body.
Management of Federal Antimonopoly service recognized rejection of the application illegal as information on the participant found in the register of unfair suppliers only on the website of the electronic platform, and in EIS — no.
The court of first instance found the availability of information on the website of the electronic platform sufficient to reject the application.
However, a subsequent court quashed his decision. By the time of the purchase, two years had already passed from the date of inclusion of the participant in the register of unscrupulous suppliers, i.e. it should have been excluded from the register. The Commission was obliged to verify this point.
Courts also noted: it is necessary to make sure that the participant is included in the register of unfair suppliers by means of UIS. The arguments that the functionality of the electronic platform allows you to directly access the information in the register of unscrupulous suppliers did not play a role. The courts also drew attention to the fact that the customer submitted a screen of information from the register of unscrupulous suppliers created later than the date of drawing up the Protocol of summing up.
The Supreme court refused to review the case.
Document: Definition Verhovnogo court of 09.07.2019 in the case of N A70-9510/2018