Cassation: public procurement was canceled on the day of filing the complaint — the inspectors should not have recorded the violation
The customer found flaws in the terms of reference and canceled the purchase, but the inspectors have already received a complaint. A violation was found in his actions and materials were handed over for prosecution.
The Department of the Federal Antimonopoly Service explained that it could not but consider the complaint, since there is no such reason for refusing to accept it as the cancellation of the purchase in Federal Law No. 44.
Three instances did not agree with the controllers:
at the time of filing the complaint, the definition of the supplier has already been canceled. The actions of the customer could not violate the rights of the participants;
Federal Law No. 44 does not prohibit supervisors from recognizing a complaint as unfounded if the customer himself canceled the purchase. Also, it does not follow from the law that in such a situation they cannot support the arguments of the applicant, but not to note the violation of the customer.
Similar conclusions were reached, in particular, by the North Ossetian and Belgorod departments of the Federal Antimonopoly Service.
Document: Resolution of the Arbitration Court of the Ural District of 30.05.2023 in case N A50-22065/2022