Armed Forces of the Russian Federation: it is necessary to list the security according to the details in the notice, and not in the draft state contract
The customer recognized the winner as evaded, since the security was listed according to the details from the draft contract, and not from the notice.
The winner appealed the decision. The controllers supported him. In their opinion, the security was transferred to another account due to the fault of the customer. He incorrectly specified the details in the draft contract, which violated Law No. 44-FZ.
The courts of three instances decided otherwise:
the customer correctly specified the details of different accounts in the notification and the draft contract. Some are needed to provide, others — to pay for work. The documents that were sent to the winner contained identical data. All accounts were valid. This was confirmed by a certificate from the Treasury;
the security should be listed according to the details in the notice, and not in the draft contract. In the latter, the customer is not obliged to specify them;
if the money has been transferred to another account, it does not mean that the winner has deposited collateral. The customer cannot use them for their intended purpose and is obliged to return them;
the winner transferred funds to the wrong account three times, did not ask for clarification. This cannot be considered conscientious behavior.
The Supreme Court of the Russian Federation did not review the case.
Document:Definition of the Armed Forces of the Russian Federation of 28.04.2022 N 305-ES22-5045