The Federal Antimonopoly Service of Russia recalled the possibility of early exclusion of information about the counterparty from the register of unscrupulous suppliers
Representatives of the department in their letter indicated that information about the counterparty is prematurely excluded from the register of unscrupulous suppliers, including when the antimonopoly authority receives a court decision on recognizing the customer's unilateral refusal to perform the contract as illegal or invalid.
Therefore, according to experts of the Federal Antimonopoly Service of Russia, if the counterparty does not agree with the customer's decision to unilaterally refuse to perform the contract, it is advisable for him to appeal the decision in court in order to protect his rights and legitimate interests. At the same time, if the court decides to recognize the unilateral refusal of the customer to execute the contract as illegal or invalid, such a decision must be sent to the antimonopoly authority in accordance with the procedure provided for in section V of the Rules for Maintaining the Register of Unscrupulous Suppliers approved by the Decree of the Government of the Russian Federation of 30.06.2021 N 1078. This court decision is an independent basis for exclusion from the register of unscrupulous suppliers of information about the counterparty.
Recall that by virtue of part 16 of Article 95 of Federal Law No. 44, the customer is obliged to send an application for the inclusion of information about the counterparty in the register of unscrupulous suppliers no later than 2 working days following the date of entry into force of the customer's decision to unilaterally refuse to perform the contract due to non-fulfillment or improper fulfillment by the counterparty of its obligations under the contract.
Document: Letter of the Federal Antimonopoly Service of Russia dated April 25, 2023 N MШ/32004/23