Representation of interests in a court on disputes related to public procurements according to the Law No 44-FZ
In the process of state procurement, as well as at the stage of execution of the contract, there are often disputable situations between the persons participating in its conduct.
The procurement participant may encounter improper actions of the customer, preventing the bidding in accordance with the requirements of Law 44-FZ. Also, the tender / auction commission can unreasonably reject the participant's application, which leads to the impossibility of his participation in state procurement, and, consequently, to the loss of a possible contract and profit. The customer may encounter unfair behavior of the participant at the stage of conclusion, execution or termination of the state contract.
The current legislation provides for both a pre-judicial procedure for appealing and through a court whose decision is binding on all participants in the state procurement.
The right to defend in court the parties, rights and legitimate interests of which are violated by actions (inaction) of the other party, is enshrined in the Civil Code of the Russian Federation, as well as Articles 105 and 106 of Law 44-FZ.
Reasons for going to court can be disputes on:
- recognition of decisions and orders, actions (inaction) of controlling bodies as illegal (OFAS Russia, etc.);
- conclusion of state and municipal contracts;
- recovery of penalties and losses from customers, suppliers (contractors, executors) within the framework of the 44-FZ;
- acceptance of the results of procurement (delivered goods, services provided, works performed);
- termination of contracts and agreements within the framework of the 44-FZ;
- compelling a customer to conclude a state or municipal contract;
- challenging the decisions of the supervisory authority (OFAS) on the inclusion of the supplier (contractor, executor) in the Register of unfair suppliers (RNP);
- challenging decisions of the supervisory authority on refusal to include a supplier (contractor, performer) in the RNP.
Judicial disputes over 44-FZ are reasonably considered to be one of the most difficult. Victory in a dispute is impossible without a thorough examination of the circumstances of the case and the available documents, as well as an analysis of the jurisprudence that has developed in similar disputes, which requires considerable time.
We offer the following legal services to customers and suppliers:
- analysis of prospects for applying to the court and formation of a legal position, as well as identification of risks and possible adverse consequences;
- offer options to resolve the disputed situation;
- preparation of documents for applying to court (statement of claim (application), petition, withdrawal, appeal, cassation, supervisory complaint);
- representation of a physical and legal person of interests in court at any stage of the proceedings, as well as in proceedings on administrative offenses;
- appealing decisions, orders and orders of various state bodies, including decisions of the FAS Russia on inclusion in the RNP;
- participation in enforcement proceedings on disputes related to public procurement.
BRACE law firm has extensive practical experience in the field of procurement and provides legal support for trades, including at the stage of judicial settlement of conflicts. Our specialists are ready to protect your interests in court.
- Lodging a complaint on actions (inactions) of a governmental customer and other persons in the controlling body according to the Law No 44-FZ
- Lodging a complaint on actions (inactions) of a customer and other persons in the controlling body according to the Law No 223-FZ
- Preparation of requests for clarification of the provisions of the procurement documentation
- Preparing and legal examination of procurement documentation
- Preparing and legal expertise of procurement regulations
- Preparation of pre-trial claims for procurement disputes according to 44-FZ and 223-FZ
- Legal examination of contracts and agreements according to the Laws No 44-FZ and No 223-FZ
- Legal advice on procurement issues under 44-FZ and 223-FZ
- The court representation on disputes related to corporate procurements according to 223-FZ