The state contract was not signed due to the illness of the participant - the argument did not help to challenge the decision to include unscrupulous suppliers in the register
The winner of the auction was recognized as evading, because he did not sign the contract on time and did not provide security for its performance. Controllers included information in the register of unscrupulous suppliers.
The winner tried to appeal against such a decision: he did not fulfill his obligations, because he was on sick leave with a cold. He purchased the goods under the contract.
The courts did not support him.
- the customer was not informed about the obstacles to signing the contract, the security was not provided, the protocol of disagreements was not formed;
- the sick-list did not fall for the entire period of signing the contract. The deal could be concluded on time;
- the contract signing procedure does not take much time. It also cannot be considered labor-intensive;
- Judging by the extract from the outpatient card, the winner did not require hospitalization or urgent surgery. The cold did not interfere with the timely fulfillment of obligations;
- there is another employee in the organization of the winner. He does not have the authority to sign the contract, but he could do it under the control of the winner - the owner of the electronic signature key;
- the winner did not prove that he purchased the purchased goods for the performance of the disputed contract.
It should be noted that recently the Supreme Court of the Russian Federation did not review the case, in which the courts also did not recognize the hospital officer in charge as a valid reason for not signing the contract. However, in practice there is another opinion.
Document: Resolution of the Central District Arbitration Court dated 12/26/2022 in case N A54-9367 / 2021