In the draft contract, according to Law No. 223-FZ, it is impossible to determine the procedure for calculating the term in bank days
The procurement participant complained that in the draft contract, the deadline for providing his new security in case the old one ceased to be valid was specified in banking days. This does not comply with the Civil Code of the Russian Federation.
The controllers supported the participant. The courts agreed with them:
when purchasing under Law No. 223-FZ, it is necessary to take into account, among other things, the norms of the Civil Code of the Russian Federation. There is no concept of "bank days" in them;
the customer violated the principle of information openness of the purchase. The terms of the draft agreement contradict the Civil Code of the Russian Federation.
The Supreme Court of the Russian Federation did not reconsider the case.
Document:Definition of the Armed Forces of the Russian Federation from 17.01.2022 N 307-ES21-26188