The winner of the electronic auction did not have time to get a Bank guarantee. Within the time limit set for signing the contract, he posted a Protocol of disagreements on the electronic platform. In it, he notified the customer that he had sent the document in order to get additional time to agree on the guarantee.
The winner was found to have evaded the contract.
The control body supported the customer. The courts agreed with him: the Protocol does not specify the provisions of the contract that do not correspond to the notice and documentation of the purchase. The document is placed to extend the period of approval of the Bank guarantee. Unreasonable and not provided for by Law N 44-FZ disagreements mean the winner's refusal to enter into a contract under the established conditions.
The Supreme court did not review the case.
Document: Definition of the Supreme court of the Russian Federation of 20.01.2020 N 307-ES19-25951