The Supreme court of the Russian Federation: you can notify the supplier of the unilateral refusal of the state contract by any type of communication

9 January 2020, Thursday

The customer decided to unilaterally cancel the contract. It was placed in the Unified information system and sent to the supplier by registered mail with a notification.

After the decision entered into force, the customer applied to the control body to include the supplier in the register of unscrupulous suppliers. The Antimonopoly authority refused the customer: the procedure for notifying the supplier of a unilateral refusal was not followed. It was necessary to use all the communication methods listed in the Law N 44-FZ.

The courts recognized the decision of the control body as illegal. The supplier has received a notice of unilateral refusal to perform the contract. The goal was achieved, and the order was observed. It follows from the law that you can notify the supplier by any type of communication and delivery.

This position was supported by the Supreme court.

Document: Definition of the armed forces of the Russian Federation from 11.12.2019 N 301-ES19-22283

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