The courts reminded when the controllers have no grounds to consider a complaint about a violation of Law No. 223-FZ
The inspectors complained that the draft contract established too large a penalty for violations of the supplier, and did not provide for the responsibility of the customer. The violation was ordered to be eliminated.
Three instances declared the decision illegal:
the complaint was filed by a non-participant of the purchase. He can appeal only against violations of the procedure for posting information about the purchase or submitting applications. The applicant did not indicate them, and also did not prove that his rights were infringed;
the reason for the complaint is disagreement with the amount of the penalty in the draft contract. The controllers had no reason to consider it;
the antimonopoly authority has not proved that the applicant can be attributed to persons whose rights may be violated by the actions of the customer. This is enough to declare the decision illegal;
the arguments that the complaint was considered lawfully, since the applicant was a potential participant in the purchase, are incorrect. Such a status of the applicant in this case had no legal significance.
It should be noted that the AC of the Central District came to similar conclusions earlier.
Document: Resolution of the AC of the Central District of 17.08.2022 on the case N A48-6465/2021