The customer belatedly notified the contractor about the termination of the contract - there is no reason to include it in the RNP
The customer decided to unilaterally refuse to fulfill the contract due to the fact that the deadlines for the work were violated. He posted the decision in the EIS on time, and notified the contractor by mail with a delay.
OFAS did not include information in the RNP, since the procedure for terminating the contract was violated.
The customer decided to try again to terminate the contract. This time, he notified the contractor on time. In the message, the customer indicated that he was withdrawing the original decision.
The controllers again did not include the organization in the RNP, since they had previously made a decision on this contractor.
The courts upheld the antimonopoly authority. If the order of termination of the contract is violated, information is not included in the RNP. The controllers rightfully did not consider a repeated appeal with an identical claim.
Note that not always a violation of the order of termination of the contract will be the basis for not including information in the RNP. There is an example when a customer posted a decision on a unilateral refusal with a delay in the EIS. The control body did not include information in the RNP, since the procedure for terminating the contract was violated. However, the courts took the opposite position: the untimely placement of the decision in the EIS is not a reason not to include information in the RNP. In addition, the delay was caused by a system malfunction, and the supplier was proven to be in bad faith. The Supreme Court did not review the case.
Document: Resolution of the CA of the Far Eastern District of 10/08/2020 on case N A51-18129 / 2019