What should a participant do if the bank has issued a guarantee that does not correspond to the standard form?
Specialists of the Federal Antimonopoly Service of Russia report that if the actions of a credit institution that issued an independent guarantee violate the rights and legitimate interests of a participant in a purchase conducted in accordance with Law No. 44-FL, the participant has the right to file a complaint with the Federal Antimonopoly Service of Russia in accordance with Chapter 6 of Law No. 44-FL. At the same time, the bank is not classified as a subject of control provided for in part 10 of Article 3 of Law No. 223-FL, in connection with which it is not possible to carry out control measures in relation to the actions of the bank that issued an improper bank guarantee for the purpose of participating in the purchase due to lack of authority.
Document: Letter of the Federal Antimonopoly Service of Russia dated March 26, 2024 No. 28/25182/24.
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