The Supreme court of the Russian Federation explained the specifics of bringing to justice the customer's officials for violations when making a decision on admission to participate in the purchase
Based on the results of consideration of applications for participation in the electronic auction, the Chairman of the auction Commission proposed to allow an application to participate in the purchase, the content of which did not contain a specific indicator. At the same time, other members of the Commission did not agree with the opinion of the Chairman and voted by a majority to refuse to allow the application to participate in the purchase.
By the decision of the Antimonopoly authority, the Chairman of the auction Commission was found guilty of committing an administrative offense under part 2 of article 7.30 of the administrative Code. At the same time, the Courts of three instances did not find grounds for revoking this decision.
At the same time, the Supreme court of the Russian Federation agreed with the position of the lower courts and quashed the relevant acts in connection with absence of corpus delicti in actions of the Chairman of the auction Committee In particular, the Court noted, the objective side of an administrative offense under part 2 of article 7.30 of the code of administrative offences of the RF expressed, including in the recognition of applications for participation in the auction proper, conforming to the requirements of the auction documentation, if the participant has filed such an application should be denied admission to participation in purchase. Thus, there were no grounds for concluding that there was an offence in the act of the Chairman of the auction Commission, who voted for admission to participate in the auction of the application, because the auction Commission did not decide to recognize this application as appropriate, corresponding to the requirements of the auction documentation.
Document: resolution of the Russian armed forces No. 29-AD19-6 of December 11, 2019