SUPREME COURT : PROVISIONS OF 44-FZ DO NOT APPLY TO PROFITABLE CONTRACTS

The Supreme Court of the Russian Federation considered the dispute on the claim of the procurement participant to the customer (case no. A55-17853/20). Notices of an auction for the placement of advertising structures were posted on the website of the city district administration.

The Company made a deposit, and also submitted applications for participation in the specified auction with the attachment of the minutes of the meeting of participants on the approval of a major transaction, which was subsequently challenged in court. On the basis of this fact, the company appealed to the court with a demand for the recovery of the deposit.

The claim was satisfied by the courts of three instances, the defendant filed a cassation complaint with the Supreme Court of the Russian Federation, which was referred to the judicial board.

The courts, when considering the case, were guided by the provisions of the Federal Law of the Russian Federation No. 44-FZ, the defendant pointed out the fallacy of this approach in his cassation complaint, noting that the disputed auction did not relate to purchases for municipal needs.

The Supreme Court of the Russian Federation considered the cassation appeal and on January 24 passed the operative part of the ruling on sending the dispute for a new consideration.

Photo: Freepik