State Defense Procurement: Litigation
Legal services (legal assistance) for representing interests in court in disputes in the field of state defense procurement
State defense procurement is established by the Government of the Russian Federation for the supply of goods, performance of work, provision of services for federal needs in order to ensure the defense and security of the Russian Federation, as well as the supply of products in the field of military-technical cooperation of the Russian Federation with foreign states in accordance with international obligations Russian Federation.
As a general rule, the placement of the state defense order is carried out in accordance with the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. At the same time, procurement under the state defense order has its own characteristics. In particular, the acceptance of the state defense order is mandatory for state unitary enterprises and other organizations that occupy a dominant position in the market, if there are no other potential contract executors or they have not been identified as a result of a competitive procedure.
Disputes in the field of state defense orders may be associated with violations of procurement laws, violations of the requirements for concluding contracts, requirements for the execution and payment of contracts.
In addition to civil liability associated with violation of the terms of the contract under the state defense order, administrative liability is also provided for violation by the official of the prime contractor of the terms of the state contract under the state defense order regarding the quantity, quality, completeness of the goods supplied, the quality of the work performed, the services provided, the timing of the delivery of goods , performance of work, provision of services, or violation by the official of the contractor of the terms of the contract concluded in order to fulfill the state defense order.
Also Art. 7.32.1 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of the deadline and procedure for payment for goods (works, services) for state needs under the state defense order. Bringing to administrative responsibility within the framework of violation of the law in the field of the state defense order is carried out by the Federal Antimonopoly Service.
The procedure for considering disputes in the field of state defense orders
Disputes in the sphere of the state defense order on appealing against decisions of the Federal Antimonopoly Service on bringing organizations to administrative responsibility are subject to consideration in arbitration courts, as well as disputes between customers and contractors under concluded contracts regarding their conclusion and execution. At the same time, for disputes arising from the conclusion and execution of contracts, compliance with the claim procedure is mandatory.
Disputes in the field of the state defense order on appealing against decisions of the Federal Antimonopoly Service are considered in the manner established by Ch. 24 of the Arbitration Procedure Code of the Russian Federation, while disputes between customers and contractors under contracts are considered in the order of action proceedings.