NEWS

According to the Letter of the Ministry of Economic Development of the Russian Federation from 3/15/2016 N 6770-EE/D28 unreasonable implementation of purchases at the only supplier (the contractor, the performer), including according to point 9 of part 1 of article 93 of the Federal law of April 5, 2013 No. 44-FL "About contract system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs", is a violation of the law of the Russian Federation about contract system.

Following the results of a meeting of Russian President's Council for Countering Corruption the President of the Russian Federation has given a number of the important instructions connected with counteraction to corruption manifestations including:

The conclusion can be drawn, having considered amendments to agrarian and industrial complex of the Russian Federation. By the general rule the parties will have the right to transfer the dispute which has arisen from civil legal relationship to arbitration court only after take measures for pre-judicial settlement.

Law N 44-FL does not provide that the customer can send a notice to the bank, and refuse, for example, from the right to demand cash on the guarantee issued to secure the application.

Among these conditions - the contractor's consent to the transfer to third parties of the design documentation, engineering research, as well as repeated use of project documentation as a model.

Bank guarantee, according to the Court, meets the provisions of of the contract and documentation and was valid.

When an auction for the provision of a special assessment of the working conditions, the customer is obliged to establish a requirement in a notice that the information about the participants should be kept in the register of organizations conducting this assessment.

The customer does not have in the documentation and the notice period of the bank guarantee and the specific time, which is calculated from the period of its validity. The Court acknowledged that it is contrary to the Law N 44-FL.

A participant may express their consent to use the goods in the application, without giving the name of the country of origin, when the trademark and the country of origin specified in the documentation.

In preparing draft contract is necessary to draw up a list of such grounds, guided by the norms of the Civil Code of the Russian Federation of the unilateral refusal of the customer to perform certain types of liabilities. So, one of the reasons not to fulfill a contract to supply a supplier's refusal to hand over the goods or supplies.