When purchasing a RAP, the customer must apply restrictions or justify their inability to apply them, and the purchasing participant must declare the presence of the RAP in the registry.
What to consider when preparing a REP purchase
If the customer is unable to comply with the restrictions on the REP admission, they must place a justification for this in the EIS at the same time as the purchase notification. FAS pointed out a common error of customers: they do not include in the justification the mandatory information provided by the Decree of the Government of the Russian Federation of 10.07.2019 N 878. If there is no proper justification, the purchase may be canceled.
So, the FAS received a complaint that the customer incorrectly justified the inability to apply restrictions on the admission of REP. As part of the documentation, the customer indicated that the register does not contain information about a REP that corresponds to the same class (functional purpose) as the REP that is planned for purchase. Other mandatory information was not included in the justification. The FAS recognized this as a violation.
It should be noted that the control body did not cancel the purchase, since the customer submitted the necessary justification for the inability to comply with the restrictions on the admission of REP, and the applications of all participants were recognized as corresponding to the documentation.