The Supreme court of the Russian Federation has indicated when a member of the procurement Commission can not be fined for an incorrect decision
When considering the first parts of applications, the Commission Chairman voted for the admission of a participant whose application did not contain mandatory information about the product. However, the participant was not admitted by a majority of votes.
The FAS fined the Chairman of the Commission 5 thousand rubles for an incorrect decision. The district and regional courts recognized the fine as legal.
The Supreme court disagreed with this approach. He canceled the decision to impose a fine and dismissed the case for lack of an administrative offense.
The Supreme court of the Russian Federation pointed out that since the final decision was correct, it is impossible to punish individual members of the Commission who voted differently.
Document: Resolution of the Supreme court of the Russian Federation of 11.12.2019 N 29-AD19-6