The Russian Armed Forces clarified, from which moment of challenging the results of bidding for the sale of the debtor's property begins to flow the claim. Challenging in the FAS Russia of auction for the sale of bankruptcy property: practical aspects appeal to trading in bankrupt

Article 18.1. The procedure for consideration by the antimonopoly authority complaints against the procedure for the auction and the procedure for concluding contracts, the procedure for the implementation of procedures included in the exhaustive lists of the procedures in the field of construction

1. In accordance with the rules of this article, the antimonopoly authority considers complaints:

1) on the actions (inaction) of a legal entity, organizer of trading, an electronic platform operator, a competitive or auction commission in organizing and conducting a bidding, concluding contracts for the results of a bidder or in the event that bidding, which is mandatory in accordance with legislation Russian Federationwere recognized as invalid, as well as in organizing and conducting procurement in accordance with the Federal Law of July 18, 2011 N 223-FZ "On the procurement of goods, works, services separate species legal entities", with the exception of complaints, the consideration of which is provided for by the legislation of the Russian Federation on contract system in the sphere of procurement of goods, works, services for providing state and municipal needs;

2) on acts and (or) actions (inaction) of the federal authority executive powerorgan state power Subject of the Russian Federation, Organ local governments or other authorities of the authorities or organization, the organization participating in the provision of state or municipal services, officials these bodies or organizations (hereinafter - the authorized body) in the implementation of legal entities and individual entrepreneurssubject to the subjects of urban planning relations, procedures included in the exhaustive list of procedures in the areas of construction, approved by the Government of the Russian Federation in accordance with Part 2 of Article 6 of the Urban Planning Code of the Russian Federation (hereinafter also - exhaustive list of procedures in the construction areas) (with the exception of procedures implemented state bodyauthorized to exercise state registration rights to property in accordance with the legislation of the Russian Federation), in part:

a) violations of the established deadlines for the implementation of the procedure included in the exhaustive list of procedures in the relevant area of \u200b\u200bconstruction;

b) presentation of the requirements to implement the procedure not included in the exhaustive list of procedures in the relevant area of \u200b\u200bconstruction;

c) illegal refusal to accept documents, applications;

d) presentation to the face that submitted a complaint, documents and information of the requirements not established by federal laws, other regulatory legal acts Of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, in case provided specified acts The procedure is included in the exhaustive list of procedures in the relevant area of \u200b\u200bconstruction;

3) on the actions (inaction) of the territorial network organization providing services for the transfer electrical Energy, organizations carrying out cold water supply and (or) drainage (organization of water supply and sewage farm), an organization that carries out a hot water supply, a gas distribution organization, a heat supply organization (hereinafter - an organization operating by networks) provided for by subparagraphs "A" - "G" of clause 2 of this part, in carrying out in relation to legal entities and individual entrepreneurs who are subjects of urban planning relations, procedures included in the exhaustive lists of procedures in the field of construction.

(see text in the previous edition)

2. Actions (inaction) of the organizer of the auction, the operator of the electronic platform, the competitive or auction commission may be appealed to the antimonopoly authority by persons who submitted applications for participation in the auction, and in the event that such an appeal is associated with a violation of the procedure established by regulatory legal acts bidding, the procedure for submitting applications for participation in the auction, as well as another person (applicant), rights or legal interests which can be disadvantaged or violated as a result of a violation of the order of organization and conduct of trading; Acts and / or actions (inaction) authorized body and (or) the organization servicing networks can be appealed to a legal entity or an individual entrepreneur, the rights or legitimate interests of which, in their opinion, were violated as a result of the implementation of procedures included in the exhaustive lists of procedures in the field of construction, or presentation Requirements to carry out the procedure not included in the exhaustive list of procedures in the relevant area of \u200b\u200bconstruction (hereinafter referred to as the applicant).

(see text in the previous edition)

3. Appealing of acts and (or) actions (inaction) of the organizer of the auction, the operator of the electronic platform, the competitive or auction commission, the authorized body and (or) of the organization operating networks into the antimonopoly authority is not an obstacle to appeal these acts and (or) actions (inaction) in judicial order.

(see text in the previous edition)

4. Appealing the actions (inaction) of the Organizer of the Bidding, the operator of the electronic platform, the competitive or auction commission into the antimonopoly authority in the manner prescribed by this article, is allowed no later than ten days from the date of summing up the results of trading or in case of placement of trading results on the site in Information and telecommunication network "Internet", from the date of this placement, except in cases provided for in this Federal Law.

5. In the event that the contract's conclusion was not implemented according to the results of a bidding, or in case of recognition of a trading failing to appeal (inaction) of the organizer of the bidding, the electronic platform operator, the competitive or auction commission into the antimonopoly authority in the manner prescribed by this article, is allowed within three months from the date of summing up the results of trading or in case the placement of trading results on the site in the Internet information and telecommunication network, from the date of this placement.

5.1. Appealing of acts and (or) actions (inaction) of the authorized body and (or) the organization servicing networks in the manner prescribed by this article is allowed no later than within three months from the date of adoption of the Act and (or) of the action (inaction) authorized body and (or) organization operating networks.

6. A complaint against acts and (or) actions (inaction) of the organizer of the auction, the operator of the electronic platform, the competitive or auction commission, the authorized body and (or) of the organization operating networks (hereinafter - the complaint), is filed in writing to the antimonopoly authority and Must contain:

(see text in the previous edition)

1) the name, indication of the location, postal address, the number of the contact phone number of the organizer of trading, the operator of the electronic platform, the authorized body and (or) of the organization servicing networks, acts and (or) actions (inaction) of which are appealed;

(see text in the previous edition)

2) name, information about the place of location (for legal entity), last name, name, patronymic, information about the place of residence (for individual) applicant, mailing address, email address, contact phone number, fax number;

3) an indication of the appealed bidding, if the placement of information on the following trading on the site in the information and telecommunications network "Internet" is mandatory in accordance with the legislation of the Russian Federation, the address of the site on which it is posted (this information does not seem to appeal when appealing acts and (or ) actions (inaction) of the authorized body and (or) the organization servicing networks);

(see text in the previous edition)

4) an indication of the emergent actions (inaction) of the organizer of the auction, the operator of the electronic platform, the competitive or auction commission, acts and (or) actions (inaction) of the authorized body and (or) of the organization servicing networks to the regulatory legal act establishing the procedure for implementing in relation to legal entities and individual entrepreneurs who are subjects of urban planning relations, procedures included in exhaustive list of procedures in the areas of construction, as well as relevant arguments;

(see text in the previous edition)

5) The list of documents attached to the complaint.

7. The complaint can be directed to the antimonopoly authority by means of a postal or fax communication, e-mail or in other way.

8. The complaint is signed by the applicant or his representative. The complaint filed by the applicant's representative should be attached by power of attorney or other confirming the powers of the applicant's representative to sign the complaint.

9. The complaint is returned to the applicant in the following cases:

2) the complaint is not signed or signed by the person, the powers of which are not confirmed by documents;

3) the presence of the entered legal force The judicial act in which the conclusions are contained or on the absence of a violation in the emergence of acts and (or) actions (inaction) of the Organizer of the Bidding, an electronic platform operator, a competitive or auction commission, an authorized body and (or) organization operating networks;

(see text in the previous edition)

4) the antimonopoly authority decided on the following acts and (or) actions (inaction) of the organizer of the Bidding, the operator of the electronic platform, the competitive or auction commission, the authorized body and (or) of the organization operating networks;

(see text in the previous edition)

5) Acts and (or) actions (inaction) of the authorized body were appealed in the manner established by the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services".

10. The decision to return the complaint can be made within three working days from the date of its receipt to the antimonopoly authority, which on the day of the decision to return the complaint is obliged to report in writing the applicant about decision taken With the reasons for the return of the complaint.

11. In the event of a complaint with complaints with the antimonopoly authority, within three working days from the date of its receipt, information on the receipt of the complaint and its content on the official site of trading or on the website of the antimonopoly authority, sends to the applicant, organizer of trading, operator of the electronic platform, to a competitive or The auction commission, the authorized body and (or) the organization carrying out the operation of networks, notification of the comment on the complaint and the suspension of trades to the consideration of the complaint on the merits (hereinafter referred to as a notice). The notification indicates summary Complaints (subject of consideration), address of the official site of trading, which contains information on the arrival of the complaint, or the site of the antimonopoly authority, information about the place and time of consideration of the complaint. The notification is sent by mail or facsimile or email. If you send a notice via email, it is sent to the Bidder, to the Competitive or Auction Commission at the Email address specified in the notice of trading, the electronic platform operator at the email address specified on the website of the electronic platform in the Internet information and telecommunication network "Internet" , the applicant at the email address specified in the complaint, at the email addresses specified on the official websites of the authorized body and (or) of the organization operating.

(see text in the previous edition)

12. Organizer of auction, electronic platform operator, a competitive or auction commission, actions (inaction) of which are appealed, within one working day from the date of receipt of the notification are obliged to notify persons submitted applications for participation in the auction, about the fact of the complaint, its content, place And the time of its consideration.

13. Organizer of auction, electronic platform operator, competitive or auction commission, an authorized body and (or) organization operating networks, applicant, as well as persons who submitted applications for participation in auction, have the right to send an objection to the complaint or addition to the antimonopoly authority She and participate in the consideration of the complaint personally or through its representatives. The objection to the complaint should contain the information specified in Part 6 of this article. The objection to the complaint goes to the antimonopoly body no later than two working days before the day of consideration of the complaint.

(see text in the previous edition)

14. The antimonopoly authority is obliged to consider a complaint on the merits within seven working days from the date of receipt of the complaint, with the exception of the case provided for by paragraph 14.1 of this article.

(see text in the previous edition)

14.1. If, when considering the complaint of the Commission of the Antimonopoly Authority, it is necessary to obtain additional information, the decision maker may be extended once for a period established by part 14 of this article.

15. Organizer of auction, electronic platform operator, a competitive or auction commission, actions (inaction) are appealed, are obliged to submit to complaints on the merits documentation on the auction, changes made to the competition documentation, documentation on auction, application for participation in the competition, applications to participate in the auction, protocols for opening envelopes with applications for participation in the competition, the reports of consideration of applications for participation in the competition, the reports of consideration of applications for participation in the auction, the protocols of evaluation and comparison of applications for participation in the competition, the auction reports, audio, video records and other Documents and information drawn up during the organization and conduct of trading.

15.1. The authorized body and (or) the organization operating networks are required to submit a written substantiation of the legality of the adopted Act and (or) of the perfect action (or inaction) to considerse the complaints and (or) of the perfect action establishing the provisions of regulatory legal acts that establish the procedure for adopting such an act and (or) of such actions (inaction).

15.2. An antimonopoly authority, if necessary, sends a bidder, an electronic platform operator, to a competitive or auction commission, an authorized body and (or) organization operating networks, the applicant request for other information and documents for consideration of the complaint. A request for the submission of other information and documents is sent in the manner prescribed by part 11 of this article. The requested information and documents must be presented to the antimonopoly authority until the complaint is consistent.

16. Consideration of the complaint is essentially carried out by the Commission of the Antimonopoly Authority. The non-appearance of persons properly notified (notified by the antimonopoly authority notification provided for by part 11 of this article) on the time and place of consideration of the complaint is essentially not an obstacle to such consideration.

17. When considering the complaint of the essence, the Commission of the Antimonopoly Authority considers the following acts and (or) actions (inaction) of the organizer of the Bidding, the electronic platform operator, the competitive or auction commission, the authorized body and (or) of the organization operating. In the event that during the consideration of the complaint by the Commission of the Antimonopoly Authority, other violations in acts and (or) actions (inaction) of the Organizer of the Bidding, the Operator of the electronic platform, the competitive or auction commission, the authorized body and (or) of the Organization operating, the Commission of the Antimonopoly The authority makes a decision taking into account all the violations identified.

(see text in the previous edition)

19. In the event of a complaint about the consideration of a bid organizer, which is in the manner prescribed by part 11 of this article, a notification is sent, not entitled to enter into an agreement before adopting an antimonopoly authority on the complaint. The contract concluded with violation of the requirement established by this clause is insignificant.

20. According to the results of the consideration of the complaint on the merits, the Commission of the Antimonopoly Authority decides on the recognition of complaints with a reasonable or unfounded and in the event that the complaint is recognized as reasonable or in case of establishing other not subject to appeal against violations (violations of the procedure for organizing and conducting a bidding, conclusion of contracts for the results bidders or in case of confession of trades failing, violations of the implementation of the procedure for legal entities and individual entrepreneurs who are subjects of urban planning relations, procedures included in exhaustive list of procedures in the field of construction) decides on the need to issue a prescription provided for

25. The antimonopoly authority considers complaints against the actions (inaction) of the Seller of State Or municipal property and (or) the organizer of the sale of state or municipal property carried out in electronic form (hereinafter in this article, as well as in paragraph 3.1 of Part 1 of Article 23 of this Federal Law - Organizer of sale), when selling a state or municipal property in accordance with the Federal Law of December 21, 2001 N 178-FZ "On the privatization of state and municipal property" in the manner established by this article, taking into account the following features:

1) appeal against the actions (inaction) of the seller of state or municipal property and (or) the organizer of the sale in the antimonopoly authority is allowed within five working days from the date of posting on the official website in the information and telecommunication network "Internet", defined in accordance with Article 15 of the Federal Law dated December 21, 2001 N 178-FZ "On the privatization of state and municipal property", or if the placement on this site is not provided for, from the date of the signing of the Protocol on the recognition of applicants to the bidders (the Protocol on the recognition of applicants to the participants of the sale during the sale of state or municipal Property through public Offer or sales without announcement of the price) or within five working days from the date of posting on this site or if the placement on this site is not provided for, from the date of the signing of the Protocol on the results of the sale of the subject to privatize property;

2) a complaint against the actions (inaction) of the seller of state or municipal property and (or) the organizer of the sale is considered by the antimonopoly authority within five working days from the date of the complaint;

3) in case the complaint against the actions (inaction) of the seller of state or municipal property and (or) of the Organizer of the Sales is considered before the end date of submission of applications for participation in trading (applications for participation in the sale during the sale of state or municipal property through a public offer or sales without announcement prices), the Commission of the Antimonopoly Authority is not entitled to decide on issuing a prescription;

4) a complaint against the actions (inaction) of the seller of state or municipal property and (or) the organizer of the sale associated with the recognition of applicants to bidders (participants in the sale during the sale of state or municipal property through a public offer or sale without announcement of the price) or with refusal in such recognition, it cannot be filed after the expiry of five working days from the date of placement on the Official website in the information and telecommunication network "Internet" or if the placement on the site is not provided for, from the date of signing the Protocol on the recognition of applicants to bidders ( The protocol on the recognition of applicants to the participants of the sale during the sale of state or municipal property through a public offer or sale without a price announcement).

Consider the features of this procedure for protecting their rights and legitimate interests.

Norma

"Ensuring the protection of the rights and legitimate interests of participants of the placement of the order" (Chapter 8 of Federal Law No. 94-ФЗ);

Administrative regulations of the FAS Russia on execution state function upon consideration of complaints (the order of the FAS Russia of 044.11.2007№379);

Civil Code of the Russian Federation (chapter11 "Calculation of deadlines");

Apk RF (chapter 13 "Claim". Chapter 24 "Challenge of regulatory legal acts, decisions, actions (inaction) of state bodies, local governments, other bodies, officials")

From whom

A complaint against the FAS to the inconsistency of the Competition's procedure established by the requirements of the Act of Electronic Auctions may be sent from:

Customer;

Supplier.

On whom

If the actions (inaction) violate the rights and legitimate interests of the participant of the order placement, the complaint may be directed to the actions (inaction) of the following participants in the tender process:

Customer;

Authorized body;

Specialized organization;

Electronic operator;

Competitive, auction and cotrol Commission.

Where to

Orders for federal needs - in federal organ executive authority (FAS Russia).

State defense order - to Rosoboronzakaz.

Orders for the needs of the subject of the Russian Federation - to the federal executive authority (Ufas Russia), to the executive authority of the subject of the Russian Federation.

Orders for municipal needs for the federal executive authority (Ufas Russia), to the executive authority of the subject of the Russian Federation or local government.

If the actions (inaction) of the electronic platform operator appealed, then such complaints are considered only in the central apparatus of the FAS Russia.

The complaint is not an obstacle to appeal against the action (inaction) in court (Part 1 of Article 57 of the Law 94-FZ)

The form

The filing of the complaint is carried out in writing. The filing of the complaint in the form of an electronic document is provided only if the participant of the placement of the order filed an application for participation in an open auction in electronic form.

Since part 4 of Article 57 of the Law on Placing Orders is not provided for submitting a complaint to in electronic formatThe complaints filed in the FAS of Russia in electronic form, not through the functionality of the electronic platform, are not considered. Any order accommodation participant has the right to send a complaint in accordance with the provisions of Articles 57, 58 of the Law on Placing Orders in writing or through the use of facsimile.

1) Name, location, postal address, contact phone number of the customer, authorized body, specialized organization, electronic platform operator (in the presence of such information), surnames, names, patronymic of members of the competitive, auction or quotation commission, the actions (inaction) of which are appealed;

2) name, information about location (for legal entity), surname, name, patronymic, information about the place of residence (for an individual) Member of the placement of the order, submitted a complaint, mailing address, email address, contact phone number, fax;

3) an indication of the placement order, except for the cases of appealing the actions (inaction) of the electronic platform operator associated with the accreditation of the participant of the order placement on the electronic platform;

4) an indication of the applicable actions (inaction) of the Customer, the authorized body, a specialized organization, an electronic platform operator, a competitive, auction or quotation commission, the arguments of the complaint.

A participant in the placement of the order, which submitted a complaint against actions (inaction) of the Customer, an authorized body, a specialized organization, an electronic platform operator, a competitive, auction or quotation commission, is obliged to attach documents to the complaint confirming the validity of the complaint arguments. In this case, the complaint should contain full list The documents attached to it.

A complaint against the actions (inaction) of the Customer, an authorized body, a specialized organization, an electronic platform operator, a competitive, auction or quotation commission, is signed by a participant in the placement of the order submitting such a complaint, or its representative. The complaint filed by the representative of the participant of the order should be attached to a power of attorney or other confirming its powers to sign the complaint document.

A copy of the complaints is sent to the one that the complaint is served (Ch.6. Art. 57 of the Law 94-FZ)

Timing

According to Part 2.1 Art. 57 of Law No. 94-FZ Appeal is allowed at any time placement placement and during the accreditation of a participant in placing an order at the electronic platform, but no later than 10 days from the date of placement on the official website

The appraisal protocol and comparison of applications for participation in the competition;

Auction protocol;

Protocol of consideration of applications for participation in the competition;

The report of consideration of applications for participation in the auction in case of recognition of the competition or auction failed;

and no later than 7 days from the date of placement on the official website

The auction protocol conducted in accordance with Part 3 of Art. 40 of Law No. 94-FZ;

Protocols for consideration and evaluation of quotation applications.

When holding a closed competition or closed auction - no later than 10 days from the date of signing the relevant protocol

At the same time, in the event that the appealed by actions (inaction) were committed after the procedure for consideration of applications for participation in the open auction, appealing such actions (inaction) can be carried out only by the participant in the placement of the order, submitted an application for participation in the open auction.

If the actions appealed (inaction) are committed when considering the second parts of applications or when concluding a contract, appeal such actions (inaction) is possible before the contract is concluded.

After the expiration of the deadlines established by law, the appeal is carried out only in court.

In accordance with Part 2.2. Art. 57 of Law No. 94-FZ, appeal against the actions (inaction) of the electronic platform operator associated with the accreditation of the participant in the placement of the order on the electronic platform is allowed within 30 days from the date of the complainable actions (inaction).

Consideration

Stage1

Consideration of a complaint against a formal compliance with the requirements for the complaint. At this stage, the complaint may be returned in cases provided for in Part 1 of Art. 59 of Law No. 94-FZ. The decision to return the complaint can be accepted no later than 2 working days from the date of receipt of the complaint.

Stage2

Consideration of the complaint and objections to the complaint on the merits (5 working days from the date of receipt of the complaint).

A responsibility

According to Art. 7.29-7.32 Code of Code of the Russian Federation Customer, authorized body can be involved in administrative responsibility In case of incorrect choice of a method for placing an order, untimely posting information when conducting an open auction in electronic form, violation of the order of the auction. FAS can make a decision on the introduction of penalties or the complete closure of the Customer's bidding and account.

The electronic platform operator can be attracted to administrative responsibility in the following cases:

Violations of the procedure for holding an open auction in electronic form, as well as violations of the procedure for accreditation of participants of the placement of the order (part 10 of Art. 7.30 -KAPA RF);

Violations of the return time moneyentered as providing an application for participation in an open auction in electronic form (part 1, 2, Article 7.31.1 of the Administrative Code of the Russian Federation);

Violations of the order and (or) blocking time, terminate the blocking of an order to place an order for conducting participation operations in open auctions in electronic form (Part 3 of Article 7.31.1 of the Administrative Code of the Russian Federation);

Violations of the register of participants in the placement of the order, received accreditation at the electronic platform (part 4 of article 7.31.1 of the Administrative Code of the Russian Federation);

Violations by the electronic platform operator of the rules of document management, order and timing of the placement of information, contracts of contracts (part 5, Article 7.31.1 of the Administrative Code);

Declections of information on the participant of the order to summarize the results of the open auction in electronic form (part 6 of Art. 7.31.1 of the Code of Administrative Offenses).

Practice shows that the main impairments are the following:

1. Violation of the FZ-94 norms establishing three types of state contracts. The customer may insist only on bank guarantee or, even worse, on providing a state contract for only the performer's own means.

2. illegal refusal to the Supplier in participation or in the right execution of the contract.

3. Officers competition Commissions Do not fulfill the duties established by Art. 15 of Law No. 94-FZ, on placing orders from small businesses in the amount of at least 10% of the total annual volume of procurement.

4. Practice to include customers in the competitive and auction documentation additional requirements To the participants of the placement of the order, including on instructions in the application as part of applications of information and documents not provided for by law.

The complaint is submitted to the federal antimonopoly service, which within 5 days is obliged to make a decision. According to the FAS Russia, the number of appeals of electronic auction participants in unlawful actions Or the inaction of customers contrary to the placement of orders.

In the first quarter of 2011, the Federal Antimonopoly Service received 6,311 complaints against the actions (inaction) of the customer or the authorized body. Of these, 2,092 complaints were submitted to the actions of federal customers, 1,946 - customers at the level of the subjects of the Federation, 2,273 - municipal customers. Reasonable recognized

2,083 complaints (44% of overall considered). The share of fines on fines issued by the FAS increased in the first quarter of 2011 by 22% compared with the same period of 2010.

The increase in the number of appeals of participants in electronic auctions on unlawful actions or inaction, contrary to the law on placing orders, is caused not only by the number of violations. The reason is in the growth of the number of trading themselves, as well as that the tenders participants began to use this law to defend their rights.

According to experts from the International Center for Financial and Economic Development (MCFER), it is not always the cause of offenses in the field of state procurement is intent: often we are talking About low professional qualifications officials. It happens that in remote regions, customers are poorly owned by a computer, not to mention the knowledge of the legislation on the placement of the state order. Sometimes for ignorance of the procedure, the Customer may refuse the bidder simply due to the fact that it pressed the wrong button. Experts consider a common mistake when the supplier won an electronic auction, sent a draft contract for signing state customerAnd he stretched out time and could not sign a contract in the time established by law. The customer finally is unwritten, decides to sign a contract, but this system does not allow him anything - the period is passed. As a result, the Customer clicks the "Refuse Contract" button, proceeds to that of the Bidder, which showed the second price the price, and then naturally receives a complaint from the tender winner.

The binding results can be prohibited by contacting Ufas or court of ArbitrationUsing the procedure established by law the procedure for the restoration of violated right illegal actions or inaction of the Customer, the Auction Commission.

To submit a complaint, it is necessary to have a legitimate basis and the proper registration of the complaint. Complained the reasons for the return of complaints is the absence of complaints of the requirements required by law (Art. 58 of the Law on Placing Orders) of information:

About the name, location, postal address, customer, the names of members of commissions, actions (inaction) of which are appealed;

The lack of arguments of complaints and documents confirming the validity of the complaint;

The complaint is not signed or signed by the person whose authority is not confirmed by documents.

Therefore, for the participants of the placement of orders or the antimonopoly authority, it is of interest to challenging the results of a competition conducted and a state or municipal contract concluded on its basis.

So. Resolution of the Third Arbitration Court of Appeal dated August 28, 2013 No. 03Ap-3697/13.

The plaintiff (one of the participants of the auction) filed a claim for invalidation of trades conducted in the form of an open auction in electronic form, the result of which was issued by the protocol of summing up, and recognizing the invalid state contract concluded by the defendants based on the results of the open auction.

The right to claim as a participant of the contested auction substantiated the fact that the violations allowed during the auction led to the wrong definition of the winner of the auction, in the absence of which the plaintiff could win a bidding.

The court of first instance refused the court appeals instance Cancel Act substantial instance And satisfied the lawsuit.

According to the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition", during bidding, actions that lead or may lead to preventing, restriction or elimination of competition are prohibited.
Considering that the auction was carried out on the right to enter into an agreement on the provision of security services, the auction participant was to have a license to conduct relevant activities. The defendant does not have this license, but the relevant license is the plaintiff.
Therefore, this indicate the inconsistency of the second defendant against paragraph 2 of Part 6 of Art. 41.8 of the Federal Law of July 21, 2005 No. 94-FZ "On the placement of orders for the supply of goods, performance of work, provision of services for state and municipal needs" requirements for persons carrying out the supply of goods, work, the provision of services provided for by law and documentation About the open auction in electronic form.
Violations admitted to the Competition Commission at the stage of admission of applicants for participation in the auction not only influenced the result of determining the auction winner, but also a decisive changed this result.
The auction was carried out with a violation of the established requirements, which influenced the result of determining its winner, and is challenged by the appropriate person, which in the absence of violations could win this competition or (if it was invited) to be able to further implement its intention to conclude a contract with the customer.
By virtue of Art. 449 of the Civil Code of the Russian Federation Recognition of trading invalid entails the invalidity of the contract concluded with the person who won the bidding. Therefore, the claimant's requirements are satisfied.

What I think about this:

If the plaintiff declared only the requirement for invalidation of trading, then the likelihood is that there will be a failure. For example, as in this in the decision of the FAS of the Volga-Vyatka district of March 19, 2013 No. F / 13 in case No. A / 2012, when the court additionally noted the following: "Charged in the court placement court may occur by challenging the decisions of the auction Commissions and contracts (contract) concluded on the basis of such decisions of the Auction Commission. The result of the auctions carried out are contracts. However, the claims for the recognition of prisoners state Contracts Invalid or on recognition of illegal decisions in the protocols of the Auction Commission, society did not declare. Violations of the Bidding Procedure cannot be grounds for recognizing trading invalid on the claim, whose property rights and interests cannot be restored. "
If the plaintiff does not claim a claim in the form of a ban on executing a prisoner, then a high probability also get a refusal to the lawsuit. As, for example, in this case, the Decree of the FAS of the Volga District of April 9, 2013 No. F / 13 in case No. A / 2012, when the court indicated: "The recognition of invalid bidding and a contract concluded on its results should be directed to the real Restoration of the rights of an interested person who turned with a claim. At the moment, the contract by the parties is executed, therefore the elected way of protection does not entail the recovery of the applicant's rights. "
If there is a desire to look at acceptable wording of the appropriate application for ensuring the claim, I recommend to look at this resolution of the eighteenth arbitration court of Appeal dated August 14, 2013 No. 18AAP-7755/13.
Returning to the considered judicial act, It should be noted that the court recognized the plaintiff with a proper face, so he could win the competition or had the intention to conclude the appropriate agreement with the customer. Thus, the court pleaded for the plaintiff the right to claim and explained, as applied to Art. 4 APC RF, which was concluded by the defendant interest of the plaintiff itself.

If you have any questions, ready to answer them :.

Free Legal Advice:

The term of appeal of trade

There are situations of the need to appeal to trading. Such appeal is carried out through the antimonopoly service and the court.

Russian legislation provides several types of bidding. Depending on the type of bidding, the procedure for their appeal is determined.

Types of trades

The law allocates the following types of bidding:

auction, competition, quotation and other types of trading software 44-ФЗ;
bidding on 223-ФЗ;
bidding in land legislation;
bidding on the enforcement proceedings (implementation of the property of the debtor), bankruptcy;
bidding for the implementation of state or municipal property.

Appeal of trading results

Appeal of trading is carried out by sending a complaint to Ufas or in court.

Free Legal Advice:

There are the following types of lawsuits for disputing for bidding in court:

a complaint against the abnormative acts of government agencies (UFAS);
recognition of trading invalid due to violations.

Depending on the type of bidding and the selected method of appeal allocate different dates.

Important! If you yourself disassemble your case associated with the deadlines of trading appeals, then you should remember that:

All cases are unique and individual.
Understanding the fundamentals of the law is useful, but does not guarantee the achievement of the result.
The possibility of positive outcome depends on the set of factors.

Timing of trading appeal on 44-ФЗ

The timing appealing of the procurement procedure for 44-FZ is quite varied depending on the type of complaint. No other type of trading has such a variety.

The legislation of the Russian Federation established special deadlines For the appeal of trading in 44-ФЗ into the antimonopoly authority are the following:

a complaint against the actions of the State Transportation, which are related to the conclusion of the contract - no later than the date of the state contract;
a complaint against auction (competitive, quotation) documentation - until the end of the application for applying for participation in the procurement procedure;
if applicable actions have been committed in considering the second parts of applications or when signing the contract - before the contract is concluded;
operator's Action Complaint shopping ground - no later than 30 days from the date of action;
a complaint against the actions of the customer (organizer) - no later than 10 days from the date of posting the protocol of procurement.

If the deadlines are allowed, the complaint is applied only to the court. But the problem will be to prove the reason for the non-evaluated fault complaints within the prescribed period. In case of unplacing such a reason, there will be difficulties with the satisfaction of the claim.

Free Legal Advice:

Timing the appeal of other types of trading

Important! Appeal of trading in 44-ФЗ specifically and has a special time to appeal.

The remaining types of trading appealed in common orderestablished by antimonopoly legislation.

The law on the protection of competition has established the following deadlines to appeal to trading:

10 days from the date of placement of information on the summary of the results of the auction;
within 3 months, if the auction is recognized by invalid bidding organizers and the contract is not concluded.

These deadlines are common to other types of bidding. It is important to observe them so that you do not have to go to court.

Judicial procedure

Important! The timing of emergence of trading common for all species, but differ depending on the type of complaint.

Free Legal Advice:

If you submit a complaint against an abnormative act of the controller, then the term is 3 months from the decision date. At the same time, it should be proved that this undormative act affects the rights and obligations of the applicant and recognizing the actions invalid will entail the restoration of this right.

If you recognize Bidding invalid, then the claim is submitted within 1 calendar year from the date of trading.

Bidding is recognized as invalid if

the participant is unreasonably suspended from participation in the auction;
unforgettable not adopted the highest proposed price;
the sale was previously notified;
macked other significant violations conducting trading that entailed incorrect definition selling prices;
there are other violations of the rules established by law.

Important! It is worth noting that only interested person can apply. Most often it is a participant who filed an application for participation.

The law provides that when recognizing trading invalid, it is considered as a contract concluded according to the results of such procurement.

Free Legal Advice:

Thus, we see that the legislation recorded the specific deadlines for the auction of trading depending on the variety of trading.

ATTENTION! In connection with recent changes In the legislation, the information in the article could endure! Our lawyer will consult you free - write in the form below.

Free prior consultation

The application has been successfully sent. We will contact you shortly.

Legal services to organizations and entrepreneurs in Moscow and St. Petersburg. Experience since 2004.

Free Legal Advice:

Appeal of tenders in court

The sphere of state procurement remains one of the most problematic in terms of regulation, but it is possible to achieve the protection of its interests, including with the help of such a legal instrument as appealing tenders. There are several mechanisms for the protection of rights immediately, which indicates the improvement of the contract system, the desire of the state to make it more transparent. The complaint can be submitted:

to the federal antimonopoly service;
to court.

The procedure for filing is compounded in essence by the instructions, how to produce appeales, the FAS or Court - this is a controlling and administering bodies, they will decide only subject to all the rules of procedure. All necessary actions are described in chapter 6 of FZ No. 44.

Assignment of auction: timing and pre-trial order

on paper;
electronically (in court, it is also possible to use this method).

Definition of the Parties and the content of the complaint

the name of the arbitral tribunal, the case refers to its competence;
data and contacts parties;
the basis of the claim confirmed by references to evidence and the norms of law;
clear and competently formulated requirement;
signature, date of compilation.

As can be seen, target appeal is a rather complicated procedure requiring serious knowledge in the relevant area of \u200b\u200blaw, the norms regulating it are contained in various sources and are difficult to perceive.

Free Legal Advice:

Our company will help determine the legality of the Customer's decision, challenge it, prepare all the documents in such a way that the procedure is fast and efficient.

The cost of the services of a lawyer to appeal tenders in court

Preparation of complaints to the territorial body of the Federal Antimonopoly Service

on the actions of the Customer, the Commission for Procurement

Participation in the meeting of the Commission Territorial body Federal Antimonopoly

Preparation of the statement (statement of statement) to the arbitration court

Participation in court session Arbitration Court to appeal tenders

Appeal, challenging the results of auctions, competitions

Calling the results of trading (competition) and restore the violated rights of the bidder, it is possible by submitting a claim to the court, or submitting a complaint with the FAS management. If a participant in the placement of the order filed an application for participation in electronic form, the complaint is filed in the form of an electronic document, and the term of its consideration and decision is only five days from the date of receipt. This unique procedure is an integral part of the electronic trading system.

Consulting group "Etalon" carries out specialized help If you refuse to admit to participation in auction, appealing its results, as well as in appealing the actions of the quotation commission.

According to Federal Law No. 44-FZ appealing the results of trading (competition) is allowed at any time placement of the order and during the accreditation of the participant in the placement of the order at the electronic platform, but no later than 10 days from the date of placement on the official website:

Free Legal Advice:

And no later than 7 days from the date of placement on the official website:

When holding a closed contest or a closed auction - no later than 10 days from the date of signing the relevant protocol.

Free Legal Advice:

After the expiration of the deadlines established by law, the appeal of the actions of a specialized commission is carried out only in court.

Appealing the actions (inaction) of the electronic platform operator associated with the accreditation of the participant of the order placement on the electronic platform is allowed within 30 days from the date of the appealed by actions (inaction).

The decision to return the complaint can be accepted no later than 2 working days from the date of its receipt.

Consideration of the complaint and objections to it is essentially carried out on time not more than 5 working days from the date of receipt.

The most frequent violations in the placement of state promenes are:

Free Legal Advice:

Violation of the Norm FZ-44, establishing the types of state contract, for example, the Customer insists only on a bank guarantee or, even worse, to ensure the state contract only with its own means of the Contractor;

Illegal refusal to admit to participation in trading or in the right of execution of the contract;

The formation of requirements for competitive documentation, which lead to a limitation of the number of participants;

Includes customers to the competitive and auction documentation of additional requirements for the participants of the order placement, including information and documents not provided for by law.

Positive shifts in legislation in the field of state procurement.

Free Legal Advice:

Cancel guarantee as financial support (According to the estimates of the FAS RF, about 80% of the financial support provided to state customers were false, i.e., the provision provided companies that claim unreliable financial and accounting information), and new legislative norms For state procurement medicines (One lot is one "medicine"), and new rules relating to the organization of the procurement of baby food and the relevant services. This is the emergence of a all-Russian open Internet portal www.zakupki.gov.ru, which contains all information about the bargains held, the register of contracts, the register of all the complaints of the bidders with information on dates and the results of consideration, after which it became possible to speak On the beginning of the formation of public control in this field.

As a result, the Corruption Customer's Corruption Corruption, which consists in unavailability to copy a part of the information about the bidding, has practically disappeared from the fraudulent arsenal. In accordance with the legislation, the format for posting information on public authorities should allow it to be copied, otherwise Bidding is simply annulled.

It was specified that the notice of the competition is posted on the official website www.torgi.gov.ru not less than 30 days before the end of submission of applications for participation in it, auction for 20 days.

Defined the period assigned to the signing of the draft contract. It must be at least 10 days from the date of placement on the official site of trading a protocol assessment and comparison of applications for participation in the competition (auction protocol), or the report of consideration of applications for participation in the competition (auction) in case of recognition of its failed. This time It is indicated in the competitive (auction) documentation.

It is forbidden to reduce the price of the contract below the initial indicated in the notice of the auction, including in its further execution. At the same time, it can be increased by agreement of the parties in the manner prescribed by the contract.

Free Legal Advice:

If the bidding did not take place due to the submission of only 1 applications or participation only 1 of the applicant, the organizer is obliged to conclude an agreement with him on the terms and at the price provided for by the application and competitive (auction) documentation (but not lower than the initial). In this case, the application must comply with the established requirements.

In case of confession of trading, new (including otherwise or in a different form) can be carried out by other grounds.

Finally, today the procedure and timing of appealing the results of trading in their participants also defined.

Any accommodation participant has the right to appeal against the actions (inaction) of the Customer, an authorized body, a specialized organization, an electronic platform operator, a competitive, auction or quotation commission, if such actions (inaction) violate the rights and legitimate interests of the order placement participant.

The FAS of the West Siberian District in Resolution No. A / 2011 dated 09.10.2012 explained that the need established by the Contractor in the process of work the need to fulfill other types of work, which, in his opinion, were not agreed by the parties, does not indicate the nonconnectness of the contract. FAS indicated that actions that in such cases should make a contractor are provided for in paragraph 3 of Article 743 Civil Code Russian Federation.

Free Legal Advice:

13th Arbitration court of Appeal, St. Petersburg, in Decree No. A / 2011 dated August 31, 2012, indicated: Partial execution of the state contract does not prevent the recognition of trades invalid, even taking into account the fact that the work was performed by 50%.

Analysis of constantly updated legislation and accumulated judicial practice leads to the following conclusion - even in such a traditional "corruption" area, as state procure, can be participating in competitions and needed; Appeal the results of the tender, as well as the actions of a specialized (quotational) commission and defend their rights in case of violations in the process of the competition, it is also possible and necessary, only to do this should be maximally correctly and accurately comply with all the nuances of today's legislation in this area. Of course, it will certainly be to entrust work to defend your interests in ships and antitrust authorities to specialists.

Lawyers of the Etalon Consulting Group have high qualifications and extensive experience in appealing trading results. We are always ready to cooperate, call, or write on electronic address: .

Federal Law of April 05, 2013. FZ-44 "On the contract system in the sphere of procurement of goods, works and services to provide state and municipal needs"

Federal Law of July 21, 2005 No. 94-ФЗ "On the placement of orders for the supply of goods, work, the provision of services for state and municipal needs" (as amended on December 30, 2012)

Free Legal Advice:

Federal Law of July 18, 2011 №223-ФЗ "On the procurement of goods, works, services by certain types of legal entities" (as amended on December 30, 2012)

Federal Law of December 30, 2012 №324-ФЗ "On Amendments to the Federal Law" On Procurement of Goods, Works, Services by individual types of legal entities "

Decree of the Government of the Russian Federation of June 21, 2012 №616 "On approval of a list of goods, works and services, the purchase of which is carried out in electronic form"

Decree of the Government of the Russian Federation of June 14, 2012 No. 591 "On approval of the Rules for the preparation and adoption of acts of the Government of the Russian Federation on determining the specific procurement, lists and (or) of groups of goods, works, services, information about which does not constitute state secretBut not subject to placement on the official website. "

Decree of the Government of the Russian Federation dated June 26, 2012 No. 642 "On the authorized federal executive authorities on the maintenance of the official website in the information and telecommunication network" Internet "in the purchase of goods, works, services with certain types of legal entities"

Free Legal Advice:

Decree of the Government of the Russian Federation of June 30, 2012 №662 "On the term of placement in the procurement of goods, works, services with certain types of legal entities of information on the official website in the information and telecommunication network" Internet "

Decree of the Government of the Russian Federation of September 10, 2012 №908 "On approval of the Regulation on the placement on the official website of procurement information"

Decree of the Government of the Russian Federation of September 17, 2012 №932 "On approval of the rules for the formation of a plan for the purchase of goods (works, services) and the requirements for the form of such a plan"

Decree of the Government of the Russian Federation of November 22, 2012 N1211 "On registering unfair suppliersprovided for by the Federal Law "On the procurement of goods, works, services with certain types of legal entities."

Free Legal Advice:

Appeal of the results of an electronic auction

A tender member whose rights were violated during the bidding can restore the violated right by filing a lawsuit to court, the other - a more efficient solution to the problem is a complaint against the FAS of Russia. The term of consideration of the complaint and the decision is only five days from the date of receipt of the complaint. This unique procedure is an integral part of the electronic trading system.

Consider the features of this procedure for protecting their rights and legitimate interests.

"Ensuring the protection of the rights and legitimate interests of participants of the placement of the order" (Chapter 8 of Federal Law No. 94-ФЗ);

Administrative regulations of the FAS of Russia on the execution of the state function to consider complaints (the order of the FAS of Russia from 18.11.2007 No. 379);

Civil Code of the Russian Federation (chapter11 "Calculation of deadlines");

Free Legal Advice:

Apk RF (chapter 13 "Claim". Chapter 24 "Challenge of regulatory legal acts, decisions, actions (inaction) of state bodies, local governments, other bodies, officials")

A complaint against the FAS to the inconsistency of the Competition's procedure established by the requirements of the Act of Electronic Auctions may be sent from:

Electronic operator;

Competition, auction and quotation commission.

Orders for the needs of the subject of the Russian Federation - to the federal executive authority (Ufas Russia), to the executive authority of the subject of the Russian Federation.

The complaint is not an obstacle to appeal against the action (inaction) in court (Part 1 of Article 57 of the Law 94-FZ)

Since part 4 of Article 57 of the Law on Placing Orders does not provide for the submission of a complaint electronically, the complaints filed in the FAS of Russia in electronic form, not through the functionality of the electronic platform, are not considered. Any order accommodation participant has the right to send a complaint in accordance with the provisions of Articles 57, 58 of the Law on Placing Orders in writing or through the use of facsimile.

1) name, location, postal address, contact phone number of the customer, an authorized body, a specialized organization, an electronic platform operator (in the presence of such information), surnames, names, the patrony of members of the competitive, auction or quotation commission, the actions (inaction) are appealed ;

A copy of the complaints is sent to the one that the complaint is served (Ch.6. Art. 57 of the Law 94-FZ)

The appraisal protocol and comparison of applications for participation in the competition;

Protocol of consideration of applications for participation in the competition;

The report of consideration of applications for participation in the auction in case of recognition of the competition or auction failed;

and no later than 7 days from the date of placement on the official website

The auction protocol conducted in accordance with Part 3 of Art. 40 of Law No. 94-FZ;

Protocols for consideration and evaluation of quotation applications.

When carrying out a closed competition or a closed auction - no later than 10 days from the date of signing the relevant protocol

After the expiration of the deadlines established by law, the appeal is carried out only in court.

Consideration of the complaint and objections to the complaint on the merits (5 working days from the date of receipt of the complaint).

According to Art. 7.29-7.32 Administrative Code Customer, the authorized body can be brought to administrative responsibility in case of incorrect choice of a procedure for placing an order, late placement of information during an open auction in electronic form, violation of the order of the auction. FAS can make a decision on the introduction of penalties or the complete closure of the Customer's bidding and account.

The electronic platform operator can be attracted to administrative responsibility in the following cases:

Violations of the procedure for holding an open auction in electronic form, as well as violations of the procedure for accreditation of participants of the placement of the order (part 10 of Art. 7.30 -KAPA RF);

Violations of the return of funds made as an application for participation in the open auction in electronic form (part 1, 2, Article 7.31.1 of the Administrative Code of the Russian Federation);

Declections of information on the participant of the order to summarize the results of the open auction in electronic form (part 6 of Art. 7.31.1 of the Code of Administrative Offenses).

Practice shows that the main impairments are the following:

1. Violation of the FZ-94 norms establishing three types of state contracts. The customer may insist only on a bank guarantee or, even worse, on providing a state contract only with its own means of the Contractor.

2. illegal refusal to the Supplier in participation or in the right execution of the contract.

3. Officials of the Competition Commissions do not fulfill the obligations established by Art. 15 of Law No. 94-FZ, on placing orders from small businesses in the amount of at least 10% of the total annual volume of procurement.

4. Practice to include customers into competitive and auction documentation of additional requirements for participants to place an order, including on instructions in the application as part of applications of information and documents not provided for by law.

The complaint is submitted to the federal antimonopoly service, which within 5 days is obliged to make a decision. According to the FAS Russia, the number of appeals of the participants in electronic auctions on unlawful actions or inaction of customers, contrary to the placement of orders, increased markedly.

In the first quarter of 2011, the federal antimonopoly service of the record on the actions (inaction) of the Customer or the authorized body. Of those who are submitted to the actions of federal customers, customers at the level of the subjects of the Federation, municipal customers. Reasonable recognized

2,083 complaints (44% of the total number of reviewed). The share of fines on fines issued by the FAS increased in the first quarter of 2011 by 22% compared with the same period of 2010.

According to the specialists of the International Center for Financial and Economic Development (MCFER), it is not always the cause of offenses in the field of state procurement is intent: often it is about low professional qualifications of officials. It happens that in remote regions, customers are poorly owned by a computer, not to mention the knowledge of the legislation on the placement of the state order. Sometimes for ignorance of the procedure, the Customer may refuse the bidder simply due to the fact that it pressed the wrong button. Experts consider a common mistake when the supplier won an electronic auction, sent a draft contract for signing to the state customer, and he stretched out time and could not sign the contract in the time established by law. The customer finally is unwritten, decides to sign a contract, but this system does not allow him anything - the period is passed. As a result, the Customer clicks the "Refuse Contract" button, proceeds to that of the Bidder, which showed the second price the price, and then naturally receives a complaint from the tender winner.

The blessing results of trading can be appealed by contacting Ufas or the Arbitration Court, using the procedure established by law, the procedure for the restoration of violated law by illegal actions or inaction of the Customer, the Auction Commission.

About the name, location, postal address, customer, the names of members of commissions, actions (inaction) of which are appealed;

The lack of arguments of complaints and documents confirming the validity of the complaint;

The complaint is not signed or signed by the person whose authority is not confirmed by documents.

Reprinting materials is prosecuted by copyright law.

How to appeal the results of trading FAS

Any of those who participate in the tender procedure, in the event that, in his opinion, any rules were violated during the trading procedure, legal grounds to restore justice. Implement this right It is possible in court or solve the problem by submitting a complaint to the Federal Antimonopoly Service of the Russian Federation (FAS).

A directional complaint is subject to consideration and adoption of the verdict of the antimonopoly authority within five days from the date of its receipt. This procedure It is an integral part of the electronic trading system.

A complaint against the antimonopoly authority for the discrepancy between the competition procedure established by the requirements of the electronic auction law may be filed from the Customer or Contractor. The following stakeholders, the rights of which were violated are the right to be issued: the Customer, the authorized body, a specialized organization, an electronic platform operator, competitive, auction and / or quotation commission.

To send the complaint depending on orders:

Orders for federal needs - to the federal executive body (FAS Russia).
State defense order - to Rosoboronzakaz.
Orders for the needs of the subject of the Russian Federation - to the federal executive authority (Ufas of Russia), to the executive authority of the subject of the Russian Federation.
Orders for municipal needs for the federal executive authority (Ufas Russia), to the executive authority of the subject of the Russian Federation or local government.
If the actions (inaction) of the electronic platform operator appealed, then such complaints are considered only in the central apparatus of the FAS Russia.

Note!

The filing of the complaint to the organs of the FAS RF is not an obstacle to the appeal of the action (inaction) in court.

How to appeal the results of trading in the FAS

Conditionally complaints about the results of trading filed in the FAS RF, can be divided into two types depending on which law is used to feed and what basis it contains. A complaint against the FAS, filed according to the Federal Law "On the Contract System in the Sphere of Procurement of Goods, works, services for providing state and municipal needs" dated 04/05/2013 No. 44-FZ (hereinafter referred to - Law No. 44-FZ) must be brought no later than The established period for completing the submission of applications (inclusive), the basis may be violations in the provisions of the documentation, contrary to the standards of Law No. 44-FZ.

You can also protest the detected violations of the Customer in the process of conducting the procedure. Such appeals are served only by participating in the purchase and submitted by participants. The complaint is in the event that the Customer of the Bid was violated:

the procedure for posting information on tenders;
the procedure for submitting tender applications,
the procedure for opening envelopes with applications or has been opened access to information from other participants.

The deadline is no later than ten days, starting from the date of placement of the protocol of results.

If the disorders arose due to the fault of the ETP operator and they were connected with electronic auctionThe complaint to the antimonopoly authority should be sent within ten days.

Note!

In case of violations associated with the accreditation of the participant in the trading platform, the complaint should be submitted in the FAS for thirty-day period inclusive from the moment when this violation was recorded.

Sometimes when considering submitted applications or at the time of concluding a contract with one of the participants, violations reveal, in this case the period for appealing the decision will last until the conclusion of the contract.

Today, the list for which a complaint can be submitted to the antimonopoly authority on the basis of the federal law "On the procurement of goods, works, services of individual types of legal entities" of 07/18/2011 No. 223-FZ (hereinafter referred to as Law No. 223-FZ) is very small.

If the above grounds for your case are not suitable, then you should contact the federal law "On Protection of Competition" of 26.07.2006 No. 135-FZ (hereinafter referred to as Law No. 135-FZ).

The list of grounds for filing a complaint to FAS by law No. 223-FZ:

if the Customer's position is indicated that the procurement is carried out in accordance with the Law No. 223-FZ, the Customer must place this provision and its change, including information on procurement in the EIS, in accordance with the regulated deadlines;
it is impossible to require the participants of the procedure for information and documents not stated in the documentation, or if there is reason to believe that this information will limit competition;
if the Customer does not apply the provisions of Law No. 44-FZ and at the same time not placing the provisions on procurement in the EIS;
the lack of data on the annual volumes of procurement, which the Customer conducts among small business entities.

In accordance with Part 4 and Part 5 of Art. 18 of Law No. 135-FZ Complaint to the FAS is submitted on time no later than ten days from the date of summing up according to the relevant procedure, or if the Customer, the ETP operator hosts information on the results of the procedure on the official website, then from the time you place data on this procedure.

Note!

The antimonopoly authority allows for the consideration of the FAS complaints in time to three months from the date of posting notice on the Internet, provided that the contract for the procurement procedure was not signed or the purchase was recognized as invalid.

It is necessary to take into account that if for complaints in the FAS terms expired, then the procurement participant may submit statement of claim With appealing of actions (inaction) of the Customer, Operator ETP, an authorized body, an authorized institution, a specialized organization (CO), an electronic platform operator (EP), the Customer's Commission and its members.

But if the Law on Protection of Competition was violated, the participant has the right to send a complaint to the FAS, already guided by law No. 135-FZ, on the following grounds:

the actions (inaction) of the Customer, the Operator ETP, the authorized body, an authorized institution, a specialized organization (CO), the Commission of the Customer and its members, for example, when conducting procurement, or signing a contract on the results of a bidder or auction is recognized as invalid, and their implementation was necessarily legislatively , and the remaining auction under the law No. 223-FZ, except for trading on law No. 44-FZ;
violations by the Customer, Operator ETP, Commission of the Customer and its members, a company that is territorially at the place of implementation of activities and providing services for supplying electricity, gas distribution, heat supply, also ensuring cold and hot water, including evolution, or to implement procedures not included in the exhaustive list related to the construction sector;

The law does not prohibit simultaneous submission and complaint and the claim for the court.

Timing of appeal of trading results

According to Art. 105 of Law No. 44-FZ Appeal is allowed at any time placement placement and during the accreditation of a participant in placing an order at the electronic platform, but no later than 10 days from the date of placement on the official website:

the appraisal protocol and comparison of applications for participation in the competition;
protocol of consideration and evaluation of applications for participation in the request for quotations;
protocols of requests for proposals;
protocol of summing up the results of the auction;
protocol of auction;
protocol for consideration of applications for participation in the auction.

When holding a closed contest or a closed auction - no later than 10 days from the date of signing the relevant protocol.

In the event that the applicable actions (inaction) are committed when considering the second parts of applications or at the conclusion of a contract, appeal such actions (inaction) is possible before the contract is concluded. After the expiration of the deadlines established by law, the appeal is carried out only in court.

In accordance with paragraph 5 of Art. 105 of the Law No. 44-FZ, appeal against the actions (inaction) of the electronic platform operator associated with the accreditation of the order placement participant on the electronic platform, is allowed within 30 days from the date of the appealed by actions (inaction).

In conclusion, I would like to note that the process of appealing the decision of the antimonopoly bodies of trading results is very difficult, and the revenue part of the enterprise depends on its results. Therefore, for a favorable outcome of the case, we advise you to contact our qualified lawyers by filling out an online application or by calling the phones specified on our website.

Sample application

To submit an application you can use the prepared forms common form And fill it.

Blank is available for download and view.

Regulation of trading russian legislation Illuminated very poorly. It occurs on the basis of several articles of the Civil Code of the Russian Federation and federal laws. This leads to violations in the organization and conduct of events. Therefore, the challenge of the results of trading is the frequent practice of lawyers of the company " Legal solution».

What legal acts are governed by trading

The applied law depends on the type of activity carried out:

articles from 447 to 449.1 of the Civil Code of the Russian Federation, bidders are regulated in the form of a competition or auction;
Federal Law of November 21, 2011 No. 325-FZ "On organized trading" regulated the procedure for conducting financial trading;
the procedure for concluding state contracts is described in Federal Law No. 44-FZ dated 05.04.2013 "On the contract system in the field of purchases of goods, works, services for providing state and municipal needs";
bidding on the basis of action executive proceedings Regulated by Chapter 9 of the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Proceedings";
auctions on sale or rent state land Subordinate to the action of articles from 39.11 to 39.13 Land Code RF;
the requirements for the organization and the implementation are described in the Federal Law No. 135 of its 17 article.

Appealing the results of auction is carried out on the basis of the above laws or requirements set forth in Information letter Presidium of the Supreme Arbitration Court of the Russian Federation dated December 22, 2005 No. 01. Additionally, violations may affect other branches of law.

Challenge of trading results

The grounds for recognizing the event invalid is:

unlaysly refusal to the organizers of the applicant for participation;
overestimated requirements for agreements in the form of a guarantee of observance of the conditions of personal property, etc.;
the requirements of the organizers leading to the mandatory screening of a large number of applicants;
presentation to participants, in addition to the basic requirements of the laws of paragraphs.

Challenging public leases Perhaps in case of non-compliance with the requirements for posting information. They are contained in paragraph second 448 Articles of the Civil Code of the Russian Federation. Alert should appear in the media thirty days before the start of the event.

To challenge the results of trades, apply to the court or the separation of the Federal Antimonopoly Service of the Russian Federation. The specifics of filing and consideration differs in the case of electronic applications On participation and simple filing in the form of a paper document.

In the event of an electronic application, the claim is filed in the same form. The term of consideration and response on it is five days. The countdown is conducted from the moment of filing the complaint.

If the auction was carried out in real time, the following deadlines for the disposal of bidding in the enforcement proceedings are taken:

not later than ten days from the date of posting protocols: Estimates and participation; auction; consideration of applications for the planned or failed event;
within seven days after publication on the official website of the auction protocol and consideration of quotation applications;
within ten days after the signing of closed trading protocol.

In case of omission, the appeal is possible only in court. If there was no or incorrectly accepting an application by e-mail, the application period is thirty days.

The term for appealing the results of trading depends on the solution of the competent authorities.

Before the applicant, it is brought to:

for two days, a letter is coming to refuse to accept the claim;
for five days, the applicant receives a letter to meet the requirements.

Recognition of an agreement invalid entails the consequences in the form of cancellation of the result of trading. This is mentioned in 2 paragraph 449 of the Articles of the Civil Code of the Russian Federation. The property implemented at auction is returned to the original owner. In case of fraud or criminal activity, administrative or criminal penalty guilty.

Compliance with the formality of filing the application is quite difficult. It is not just necessary to fill out the form, but also find the justifications of your position. This requires deep knowledge in the field of legislation. An important point is the orientation of the amendments and innovations. If the basic laws find and understand simple, then edits are more confusing.

It will make it easier to appeal the results of auction in court. Appeal to our lawyers. Specialists of the company "Legal Solution" have a wide experience with disputes on the results of trading. We will provide assistance in collecting evidence, applying and restoring the limitation period.

Our telephone line is always available for call. Dial our number!

All about tuning cars

The Russian Armed Forces clarified, from which moment of challenging the results of bidding for the sale of the debtor's property begins to flow the claim. Challenging in the FAS Russia of auction for the sale of bankruptcy property: practical aspects appeal to trading in bankrupt

The term of appeal of trade

Types of trades

Appeal of trading results

Important! If you yourself disassemble your case associated with the deadlines of trading appeals, then you should remember that:

Timing of trading appeal on 44-ФЗ

Timing the appeal of other types of trading

Judicial procedure

Appeal of tenders in court

Assignment of auction: timing and pre-trial order

Definition of the Parties and the content of the complaint

The cost of the services of a lawyer to appeal tenders in court

Appeal, challenging the results of auctions, competitions

Appeal of the results of an electronic auction

How to appeal the results of trading FAS

Note!

How to appeal the results of trading in the FAS

Note!

Note!

Timing of appeal of trading results

Sample application

What legal acts are governed by trading

Challenge of trading results