Russian Armed Forces: the customer on 223-FZ can force the supplier through court to provide the bank guarantee

The parties have signed the contract under the Law N 223-FZ. The supplier hasn't provided the bank guarantee in providing the contract therefore the customer has demanded it and a penalty through court.
The Supreme Court has considered that issue of the bank guarantee - typical operation. The court can award to fulfill the obligation to provide it in nature. To collect a penalty also legally.
It is interesting that Russian Armed Forces were actually supported by court of the first instance which has initially met requirements of the customer. And here the court of the court of appeal has considered that it is impossible to force the supplier to provide the bank guarantee. This obligation depends on will of the third party - bank. Legally only collecting a contractual penalty. The arbitration court of the district has expressed even more strict, having noted that even the penalty can't be collected. But Russian Armed Forces I have repealed acts of these courts.
Document: The review of jurisprudence of Russian Armed Forces N 2 (2017), approved by Presidium of Russian Armed Forces 4/26/2017