The courts supported the state customer, who obliged the participants to have a license and personally execute a contract
Inspectors complained about illegal conditions for the purchase of medical equipment with installation services, employee training and warranty service:
the contract was obliged to execute only personally. The requirement did not meet the standard contract: it is possible to involve co-executors under it;
participants had to have a license for the maintenance of medical equipment.
The controllers found a violation. Three instances did not agree with them:
the standard contract allows you to provide services in person or with the help of co-executors. At the same time, the section of the document contains a note that the customer can change the conditions taking into account the specifics of the purchase;
the customer purchased a range of services, in particular: delivery, installation, training in the rules of operation and warranty repair of equipment. A number of them require a license. Since the contract was obliged to be executed personally, the requirement to have a license is legal;
the ability to attract a co-executor with a license does not mean that the participant does not need his own. He must comply with the terms of the purchase, since a contract is concluded with him. The participant is also responsible for the actions of the co-executors.
The Supreme Court of the Russian Federation did not review the case.
Similar conclusions were reached, in particular, by the 3rd Arbitration Court of Appeal, Khabarovsk and Tatarstan departments of the Federal Antimonopoly Service.
Note, according to the Yakutsk and Bryansk departments of the Federal Antimonopoly Service, a license in such purchases can only be required from the direct contractor.
Document: Ruling of the Supreme Court of the Russian Federation of 31.05.2023 N 302-ЭС23-7323