NEWS

Shortcomings were identified in the work on the repair of the highway, but they were not eliminated on time. The customer offered to terminate the contract. The contractor refused, because all the work was done, but the customer did not accept them and did not pay. The parties appealed to the court.
The examination found that the quality of the repair corresponds to the contract, but the technical task was made incorrectly. The disadvantages arose due to the fact that there are no necessary additional works in the latter.
The first instance supported the customer.
The appeal decided otherwise — collected payment from the customer. The examination did not show that the shortcomings cannot be eliminated, and claims to quality are not exempt from payment. In addition, the contract has expired, so it can no longer be terminated.

In the procurement, it is necessary to establish a condition that the RNP should not contain information about the participant and other persons from the application. The rule should be applied from July 1 in the following circumstances:
the participant and other persons were included in the register after the contract was abandoned due to sanctions and (or) restrictions against the customer;
the procurement did not present a similar requirement about the absence of data in the RNP.

According to Law No. 223-FZ, the head of the customer, a member of the procurement commission will take measures so that a conflict of interest does not arise during the purchase. The amendments passed the second reading on May 24.
They will not become members of the commission (p. 2-3 of the project):
an individual with a personal interest in the purchase;
participants (shareholders) of organizations that have submitted applications, members of their management bodies, creditors;
other natural persons from the procurement regulations.
The Law No. 44-FZ already has a list of possible participants in the conflict of interests. This list will be clarified (p. 4-5 of the draft). In particular, they specify which management bodies of the legal entity participating in the purchase will enter into a conflict of interest with the customer. For example, the founder of a unitary organization.

They want to clarify: they will not apply, in particular, antitrust requirements to competitive procedures to purchases from a supplier for additional reasons. The project was submitted to the State Duma.
The amendment will guarantee that customers will not be punished for violations of a number of norms of the Law on Protection of Competition.

The participant's application was rejected. The customer decided that there was false information in it, since the characteristics of the product did not match the information on the manufacturer's website.
The controllers considered this a violation. The courts of three instances agreed with them:
the parameters of the goods corresponded to the product passports, but the customer did not request them. The unreliability of the information in the application was not proved;

The customer has established in the draft contract that, by written agreement with him, the contractor may involve third parties at his own expense to perform the work. At the same time, he is obliged to provide copies of contracts with these persons at the request of the customer.
The participant complained about the restriction of competition. The controllers supported him, because the condition:
violates the contractor's right to freedom of legal relations with third parties. He can determine by himself with whose help he will achieve the best result of the work;

The customer recognized the winner as evaded, since the security was listed according to the details from the draft contract, and not from the notice.
The winner appealed this decision. The controllers supported him. In their opinion, the security was transferred to another account due to the fault of the customer. He incorrectly specified the details in the draft contract, which violated Law No. 44-FZ.
The courts of three instances decided otherwise:

The customer purchased works with project documentation. The antimonopoly authority received a complaint that it was not placed in the EIS. The customer explained that he did it in the cloud storage.
The inspectors recognized this as a violation:
the description of the object of purchase should include project documentation. According to the Law No. 44-FZ, it is placed in the EIS, and not in the "cloud". Participants must have full information about what the customer is purchasing;

It is planned that the procurement will require the absence of information about the participant and other persons from the application in the RNP, if they were included in the register after the contract was rejected due to sanctions and (or) restrictions against the customer.
They want to make such amendments to the resolution on additional requirements for procurement participants.

The courts no longer accept lawsuits from financial consumers complaining about the actions of financial institutions. At the same time, in the event of a dispute with a financial organization, entrepreneurs of Tatarstan can apply to the financial ombudsman to resolve the issue.

We are talking about disputes that are subject to pre-trial settlement in accordance with the Federal Law "On the Commissioner for the Rights of Consumers of Financial Services". According to him, in most cases, before filing a lawsuit against a financial institution, it is necessary to contact the financial ombudsman.

The Financial Ombudsman considers disputes with the following financial organizations: insurance companies, banks, microfinance organizations (MFIs), pawnshops, consumer credit cooperatives (CCCs), non-state pension funds (NPFs).

You can check whether your dispute is subject to consideration by the Financial Ombudsman using a special service by answering a few simple questions.