The Federal Antimonopoly Service spoke about the specifics of excluding information about counterparties from the Register of Unscrupulous Suppliers provided for by Law No. 223-FZ
Experts of the antimonopoly department explained that the basis for including information in the RNP in respect of persons specified in Part 2 of Article 5 of Law No. 223-FZ is an order of the FAS of Russia, but not the conclusion of its territorial authority on the existence of grounds for including relevant information in the RNP, which is a document of an intradepartmental nature that does not generate any- or rights and obligations. At the same time, the specified document is not the final act of the verification procedure for evading the conclusion of the contract or unilateral termination of the contract by the customer. That is, in case of challenging the conclusion of the antimonopoly authority in the arbitration court, the relevant paragraph of the order of the FAS of Russia is subject to appeal.
At the same time, if the conclusion of the antimonopoly authority is challenged in the arbitration court, the territorial body of the FAS of Russia, in its response to the application for recognition of the conclusion of the antimonopoly authority as illegal, must indicate the need to appeal the relevant paragraph of the order, and also involve the central office of the FAS of Russia as a co-respondent in the judicial process.
Document: Letter of the FAS of Russia dated January 20, 2023 N MSH/3488/23.