On 223-FL it is better for customer not to "cut" procurement participants by the size of the authorized capital

If the customer in procurement documentation establishes the requirement about the size of the authorized capital of the participating organizations, the antimonopoly authority can recognize it as violation of the law about protection of the competition. So considers the Ministry of Economic Development.

Conclusion is based that this Law prohibits to limit, not to allow or eliminate the competition when carrying out purchases. Even those actions which can lead to such consequences aren't resolved.

Courts assess similar situations differently. In one cases they "recognize" that it is possible to establish requirements about the size of the authorized capital of participants as the regulations on purchase of the customer don't contain an exhaustive list of requirements to participants. In other cases "courts consider" that inclusion of this requirement in documentation is illegal as limits the competition.

Separate "courts believe": it is possible to establish such requirement when purchasing insurance services if it is caused by the amount of possible insurance payments to the customer.

That actions of the customer weren't recognized as a violation of the law, and results of purchase weren't cancelled, we recommend not to include in procurement documentation the requirement to the size of the authorized capital of the organizations - participants of purchases.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 20.07.2016 N OG-D28-8819