Supreme court of the Russian Federation: internal documents of supervisors should not affect the terms of appeal under the Law N 44-FZ
The bidder sent a complaint to the FAS by email on the last day of the deadline at 16: 50. The control body returned it. He explained: according to the internal schedule for receiving incoming correspondence, documents are accepted from 09: 00 to 11: 00 and from 14: 00 to 15: 00. This information is available on the FAS website. The participant could get acquainted with this procedure in advance. Since the complaint was filed on the last day of the deadline outside the time for receiving correspondence, and registered the next morning, its submission is overdue.
The court ruled that it is illegal:
- the controllers did not take into account the provisions of the civil code of the Russian Federation on the procedure for performing actions on the last day of the term. The complaint was filed in a timely manner;
- the schedule for receiving documents, which is approved by an internal order of the Federal Antimonopoly service, cannot change or limit the procedure and deadline for filing a complaint under Law No. 44-FZ;
- to determine the timeliness of filing a complaint, the moment when such an action is performed by the participant is important, and not the moment of the organizational response of the Antimonopoly authority.
The Supreme court did not review the case.
Document: Definition of the RF armed forces from 09.09.2020 N 306-ES20-11468.