Commercial Court Litigation in Public Procurement Disputes (Federal Law No. 44-FZ)

Performing government contracts governed by Federal Law No. 44-FZ entails heightened regulatory and financial exposure. Disputes between suppliers (contractors, service providers) and state authorities or municipal entities frequently escalate to judicial proceedings, demanding sophisticated knowledge of the Russian public procurement regime and commercial court procedure.

BRACE Law Firm provides comprehensive legal representation across all levels of commercial courts throughout the Russian Federation, safeguarding client interests during every phase of competitive procurement procedures and contract execution.

Scope of Public Procurement Disputes Under Federal Law No. 44-FZ

• Challenging administrative decisions, regulatory orders, and unlawful actions (or omissions) of procurement oversight bodies, including the Federal Antimonopoly Service (FAS Russia) and its regional divisions;
• Invalidating unilateral contract terminations executed by state customers or suppliers;
• Contesting antimonopoly agency rulings regarding the debarment and inclusion of suppliers in the Register of Unscrupulous Suppliers (RNP);
• Recovering outstanding debt and contract receivables for goods delivered, works performed, or services rendered under public contracts;
• Defending against unwarranted penalties, liquidated damages, and statutory fines, as well as securing the release of performance security;
• Preventing improper drawdowns and unlawful claims under independent (bank) guarantees;
• Compelling state entities to execute procurement contracts awarded through competitive bidding procedures;
• Litigating judicial contract rescission based on material breaches or substantial changes in circumstances.

Litigation Practice Legal Services

Public procurement litigation requires strict adherence to tight statutory deadlines and specialized evidentiary standards. BRACE Law Firm’s dedicated dispute resolution team delivers turnkey litigation counsel and strategic case management:

• Conducting comprehensive case merits assessments, evidentiary audits, and procedural strategy formulation;
• Managing mandatory pre-trial dispute protocols, formal settlement negotiations, and administrative resolution;
• Drafting full suites of procedural instruments, including claims, statements of defense, motions for preliminary injunctive relief, and appellate briefs;
• Representing clients before trial, appellate, and cassation commercial courts, as well as the Supreme Court of the Russian Federation;
• Enforcing judicial awards and managing post-judgment asset recovery proceedings.

Backed by over a decade of focused experience in public procurement law and commercial dispute resolution, BRACE Law Firm ensures uncompromising protection of corporate assets, business continuity, and commercial reputation.