FAS is obliged to accept the complaint even if it is sent by mail in the last day of term

5 February 2016, Friday

The control body has to accept to consideration the complaint to provisions of documentation about purchase if the participant handed over it in the organization of communication before the expiration of 24 hours of the last day of a term of demands.

The conclusion of FAS is based on standards of the Civil Code of the Russian Federation. The antimonopoly service pays attention: it isn't necessary to identify the concepts "submission of the complaint" and "receipt of the complaint in control body".

Sometimes courts recognize lawful return of the complaint which was in due time sent by mail, but arrived after the termination of term. It concerns a situation when at the time of receipt of the complaint the control body can't suspend the conclusion of the contract any more.

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