Supreme Court of the Russian Federation: it is impossible to terminate a state contract if the supplier was included in the RNP during its execution
The customer made a purchase with a request to the participants about the absence of information about them in the RNP. The contract with the winner was signed in May. During its execution, it turned out that in July, information about the winner was included in the register.
The customer refused the contract on the basis of clause 1, Part 15, Article 95 of Law No. 44-FZ. The winner did not agree with this. The courts supported it:
in Law No. 44-FZ and the Civil Code of the Russian Federation, there is no reason to terminate the contract if the supplier was included in the RNP during its execution. This right is not established in the contract itself;
when considering applications and concluding the contract, the winner met the requirement that there is no information about him in the RNP.
The Russian Armed Forces did not review the case.
Note that not all courts share this opinion, for example, the AC of the Moscow District.
Document:
Definition of the Armed Forces of the Russian Federation from 03.06.2021 N 310-ES21-7923