The operator withheld the security of the third application — the Armed Forces of the Russian Federation agreed to recover unjustified enrichment
The participant submitted 2 applications for the day and made a provision for a special account. Both declined. Since the participant's application was already rejected earlier this quarter, the EP operator transferred the provision of the third application to the customer.
Three instances have recovered unjustified enrichment:
a prerequisite for such a financial sanction is the systematic nature of the violation. The participant should know that 2 of his applications in the quarter have already been rejected, but ignore the consequences. This has not been confirmed;
the participant submitted 2 applications with similar disadvantages almost simultaneously. This is one violation. Since the systematicity was not proved, the security was illegally withheld.
The Supreme Court of the Russian Federation did not review the case.
Similar conclusions were reached, in particular, by the AC of the North-Western District. However, there is an example in practice when the argument about the lack of systematic violation did not help the participant, since he knew about the mistakes. At the same time, the operator does not have the right to establish guilt, he only states the fact of a three-time violation.
Document:Definition of the Armed Forces of the Russian Federation from 06/14/2022 N 303-ES22-8443