When the declaration on belonging to subjects of small or average entrepreneurship (SMSP) does not conform to requirements of the legislation, the participant cannot be referred to these subjects. The Ministry of Economic Development has drawn this conclusion concerning purchases under the Law N 223-FL.
We believe, in such situation the request of the participant needs to be rejected.
We will remind, participants of the purchases which are carried out among SMSP shall declare belonging to these subjects. The declaration needs to be filled in in a form which is established by the legislation.
Document: The letter of the Ministry of Economic Development of the Russian Federation from 4/26/2016 N D28i-1053