Judicial practice according to the Law N 44-FZ: review for October
11 decisions of the district courts adopted in October were selected. They relate to issues that are common to all customers, as well as individual types of purchases — construction works, medical equipment maintenance, real estate purchases, and vouchers for children.
Description of the purchase object
The argument that not one but two goods fit the description of the object of purchase may not save the concluded contract from being declared invalid if the court finds that a wider list of goods (as of the West Siberian district) may be suitable for the customer.
Requirements for the instructions for filling out applications for participation in the auction
The district court noted that the perception of the application instructions as "unnecessarily complex" and "confusing" is evaluative. That is why participants have the right to ask for clarification. If they did not do so, further appeal against the actions of the customer on the grounds of a difficult-to-understand instruction is an abuse of law (as of the North Caucasus district).
Consideration of bids from auction participants
The Antimonopoly authority may not accept the Commission violated the requirements of the law, unless it is proved that she had reason to doubt in the party documents and the ability to check the documents (as the North-West district).
If the site operator has sent the bidders ' bids ahead of schedule, the Commission cannot consider them, thereby depriving other bidders of the right to participate in the auction (as of the West Siberian district).
Procurement of medical equipment maintenance services
When purchasing x-ray equipment maintenance services, the customer may require that the participant simultaneously have two licenses: for medical equipment maintenance and for using ionizing radiation sources (Central district AC).
The Court found it illegal to require documentation that only the sole owner of a residential building can participate in an auction. By proxy from the owner, the auction can be attended by his representative (as of the Ural district).
Purchasing services for providing vouchers for children
Customers do not have the right to hold auctions for the purchase of services for the provision of vouchers for children, since the end result is the organization of their recreation and recreation. It is required to hold a competition with limited participation (as of the East Siberian district).
Construction purchases with additional
requirements to confirm the work experience does not matter in what capacity the participant performed them — as a General contractor or subcontractor (as of the East Siberian district).
A similar position was taken by the AC of the Moscow district in August. The opposite approach was demonstrated in July in the decision of the AC of the Ural district.
Penalties for breach of contract
The customer does not have the right to collect a fine if the goods were delivered in full, although late. In this situation, you can only charge penalties (as of the Ural district).
The customer has the right to fine the contractor for late provision of a new Bank guarantee, if the Bank that issued the previous guarantee has its license revoked (as of the North-Western district).
Administrative responsibility
Despite the fact that the unilateral termination of the contract by the customer was recognized as illegal, the court considered the fine of 200 thousand rubles a disproportionate sanction and recognized the violation as insignificant. At the same time, the court took into account that the contract remained unfulfilled on both sides (as of the Ural district).