Right to provide services without a license participant must justify the application

Customer rejected the application of the auction participant (public institutions) due to the fact that within it there was no copy of the license for private security activities. Competition authority found illegal actions of the customer, since by virtue of the legislation provisions in this area and the status of the participant such license he was not required.

The court of appeal upheld the decision of the trial court and overturned the decision of the antimonopoly agencies. Despite the fact that the party had the right to exercise security activity without a license, he had to present as part of the application of normative and legal reasoning capabilities to provide services without the required license. In the absence of such justification the customer rightly concluded that the application does not comply with the participant of tender documentation and the provisions of the Federal Law of 05.04.2013 N 44-FL.