Appealing decisions and orders of the Federal Antimonopoly Service of Russia on public procurement and procurement of state-owned companies

Appealing decisions and orders of the Federal Antimonopoly Service of Russia on public procurement and procurement of state-owned companies

One of the important areas of public and corporate procurement practice services for lawyers of BRACE Law Firm is the provision of legal services on appealing decisions and orders of the Federal Antimonopoly Service of Russia on public procurement and procurement of state-owned companies.

Legal support of public procurements and purchases of state-owned companies is one of the main areas of activity of BRACE Law Firm, within the framework of which the interests of state, municipal and corporate customers are represented, as well as procurement participants if it is unlawful for the control body to make certain decisions (including on complaints from participants procurement, as well as issuing orders to customers).

Appealing decisions and orders of the Federal Antimonopoly Service of Russia on public procurement and procurement of state-owned companies

The main legislative acts governing the issuance by the Federal Antimonopoly Service of Russia of decisions and orders, as part of the control of public and corporate procurements, are the Federal Law dated 05 April 2013, N 44-FZ “On the contract system in the procurement of goods, works, services to ensure public and municipal needs ” in respect of public procurements, Federal Law of July 18, 2011 N 223-FZ “On Procurement of Goods, Work, Services by Certain Types of Legal Entities”, as well as Federal Law of July 26, 2006 N 135- FZ “On Protection of Competition” in respect of state-owned procurement, as well as some other legal acts.

Conventionally, the disputes under consideration on invalidating illegal decisions and orders of the Federal Antimonopoly Service of Russia can be divided into: disputes related to the recognition by the Federal Antimonopoly Service of Russia of unfounded complaints filed by procurement participants and disputes related to the illegal issuance by the Federal Antimonopoly Service of Russia of orders to state and municipal customers, as well as customers engaged in corporate procurement.

Decisions and orders of the authorities of the Federal Antimonopoly Service of Russia are subject to appeal in case they contradict the provisions of the current procurement legislation, as well as the requirements of the legislation governing the procedure for bringing to administrative responsibility.

Procedural aspect of appealing decisions and orders of the Federal Antimonopoly Service of Russia on public procurement and procurement of state-owned companies

An appeal against unlawful actions of the Federal Antimonopoly Service of Russia and its territorial bodies can be carried out both by filing a complaint to the Federal Antimonopoly Service of Russia and by protecting the rights of interested parties in a judicial proceeding.

At the same time, filing a complaint with the authorities of the Federal Antimonopoly Service of Russia does not prevent the court from appealing to appeal the relevant decisions and orders of the control body.

The main grounds for appealing against actions and decisions/orders of the control body, employees of the control body include: violation of the procedural deadlines for registration and consideration of complaints; unreasonable refusal to consider a complaint; improper application of legal norms when considering a complaint or conducting an audit or non-application of the norms to be applied; lack of assessment of all the arguments presented in the complaint, etc.

For procurement participants, unlawful decisions of the control body entail possible negative consequences and losses incurred in connection with participation in the procurement or connection with non-participation in / conclusion of contracts by bona fide participants.

To invalidate the illegal decisions and orders of the Federal Antimonopoly Service of Russia on public procurement and procurement of state-owned companies, a careful legal analysis of the prospects for resolving the dispute, as well as the formation of an appropriate evidence base and legal position are necessary. In this regard, it is important to attract experienced professionals who have legal knowledge and practical skills in protecting the interests of persons whose rights are violated by decisions or instructions of the control body.

Legal services

  1. Legal analysis of documents submitted by the client (materials of the procurement documentation, as well as directly decisions and orders subject to appeal)
  2. Consultation on the prospects for appealing decisions and orders of the Federal Antimonopoly Service of Russia on public procurement and procurement of state-owned companies
  3. Legal support of appeal of decisions and orders of the Federal Antimonopoly Service of Russia in administrative procedure
  4. Representation of interests in court by BRACE lawyers and attorneys during judicial appeal of decisions and orders of the Federal Antimonopoly Service of Russia
  5. Preparation of all types of procedural documents necessary to appeal decisions and orders of the control body
  6. Other legal assistance

Why we?

Profile expertise and
experience
The best result by low
expenditures
You save time
Complex and most
effective legal solution
Transparent pricing
Making the complicated
simple

How do we work?

01.
You send us a request to
e-mail info@brace-lf.com 
or call on +7 (499) 755-56-50
02.
Preliminary analysis and
initial consultation
03.
Conclusion of legal services agreement
04.
Project work
05.
On each stage we inform you about results
06.
We provide the result and prepared documents
E-mail
info@brace-lf.com

Send us a request with a detailed description of the issue.

Our phone
+ 7 (499) 755-56-50

Contact us by phone.

Clients and partners