Can the state customer transfer its function of building control to the contractor conducting the construction
The customer conducted one after another electronic auctions: for major repairs of the building and for construction control in relation to this object. Contracts based on the results of purchases were concluded with the same participant. However, the prosecutor's office challenged the contract for construction control services in court.
The courts declared the purchase and the transaction invalid. They pointed out that urban planning legislation requires that each of the parties to the contract should conduct control. The customer does not have the right to transfer its function to the contractor, otherwise the purpose of control will not be achieved.
Recall that the FAS of Russia explained: the situation when the contractor actually exercises control "over itself" is unacceptable. The customer is obliged to provide control independently or with the involvement of a third party.
In administrative practice, there is another position. So, the Novosibirsk Federal Antimonopoly Service in a similar case found no violations.
Document: Resolution of the 17th AAC of 22.03.2021 in case N A60-50865/2020