Cancellation of protocols drawn up during the auction. How can it be announced during an auction that the FAS has declared the protocols during the auction invalid? Letter to the FAS on the execution of the order, sample

IN THE KURSK REGION

SOLUTION

in case No. 67/2018

Commissions of the Federal Antimonopoly Service

in the Kursk region

Argument(s) of complaint:

in the opinion of the applicant, the auction commission of the customer, in violation of the requirements Federal Law from 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Federal Law “On the contract system..."), based on the results of consideration of the first parts of applications for participation in the electronic auction, an unreasonable decision was made decision to refuse admission to participation in an electronic auction to a procurement participant with serial number 5 - Helios LLC.

Argument(s) of objections, explanations, statements, evidence and petitions of persons participating in the case:

in the written explanation provided by the City Hospital No. 2 of Zheleznogorsk to the KZ KO in the case materials, as well as during the consideration of this case, the customer’s representative did not agree with the arguments of the applicant’s complaint, indicating that the customer’s auction commission acted in accordance with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement.

When conducting an inspection of the facts specified in the complaint and based on the results of an unscheduled inspection of the determination of the supplier carried out on the basis of Part 15 of Article 99, Article 106 of the Federal Law “On the Contract System...”, the Commission

INSTALLED:

In accordance with the notice of electronic auction, documentation about the electronic auction, protocols drawn up when determining the supplier (contractor, performer) No. 0344300002118000015:

02/05/2018 - date of publication of the notice;

02/05/2018 - the customer posted changes to the notice of electronic auction No.II1;

02/13/2018 - closing date for filing applications for participation in the electronic auction;

According to the protocol dated February 13, 2018. consideration of the first parts of applications for participation in the electronic auction, 5 (five) applications with serial numbers 1, 2, 3, 4, 5 were submitted to participate in determining the supplier (contractor, performer). The customer’s auction commission decided to allow participation and recognize participants in the electronic auction of procurement participants with bid serial numbers 1, 2, 3, 4 and deny admission to participation in the electronic auction to a procurement participant with bid serial number 5;

During the electronic auction, price offers were received from participants with serial numbers 1, 2, 3, 4;

Based on the results of consideration of the second parts of the auction applications (minutes dated February 16, 2018, summing up the results of the auction in electronic form), applications with serial numbers 1, 2, 3, 4 are recognized by the customer’s auction commission as meeting the requirements established in the electronic auction documentation.

As of the date of consideration of this case, the contract with the winner of the electronic auction was not concluded by the customer.

The Commission recognizes the argument of the Company’s complaint as justified, the customer’s auction commission violated the requirements of Parts 4, 5 of Article 67 of the Federal Law “On the Contract System...”, in view of the following.

As follows from the contents of the protocol from02/13/2018consideration of the first parts of applications for participation in the electronic auction (hereinafter referred to as the Protocol dated 02/13/2018), the customer’s auction commission decided to deny admission to the procurement participant with application serial number 5 to participate in the electronic auction for the following reason: “ Refuse admission to participate in the auction on the basis of clause 2 of part 4 of article 67 of the Federal Law on the Contract System, instructions for filling out applications. The participant provided false information about goods in positions No. 1, 3,3,4,5,6 and 9, 10,11,12. - gloves are not registered as medical products; the countries of manufacture of which are both Russia and Germany. The participant also provided information about many countries of origin without breakdown by quantity in positions No.: 1, 3,3,4,5,6 and 9, 10,11,12.»

In accordance with paragraphs 1, 2, part 1, Article 64 of the Federal Law “On the Contract System...”, the documentation on the electronic auction must contain the name and description of the procurement object and the terms of the contract in accordance with Article 33 of the Federal Law “On the Contract System”. ...”, as well as requirements for the content and composition of the application for participation in such an auction in accordance with Parts 3 - 6 of Article 66 of the Federal Law “On the Contract System...” and instructions for filling it out. At the same time, it is not allowed to establish requirements that entail limiting the number of participants in such an auction or restricting access to participation in such an auction.

In accordance with paragraph “b”, paragraph 1, part 3, article 66 of the Federal Law “On the contract system...”, the first part of the application for participation in an electronic auction, when concluding a contract for the supply of goods, must contain specific indicators corresponding to the values ​​​​established documentation about such an auction, and an indication of the trademark (its verbal designation) (if available), service mark (if available), brand name (if available), patents (if available), utility models (if available), industrial designs ( in the presence of), name of the country of origin of the goods.

A similar requirement for the content of the first part of the application for participation in the electronic auction is established by the Oktyabrskaya Central Regional Hospital in paragraph “b”, paragraph 1 of position 38 “Requirements for the content, composition of the application for participation in the auction and instructions for filling it out” of the auction documentation.

By virtue of Part 1 of Article 67 of the Federal Law “On the Contract System...”, the auction commission checks the first parts of applications for participation in the electronic auction, containing the information provided for in Part 3 of Article 66 of the Federal Law “On the Contract System...” for compliance with the requirements established by the documentation of such an auction in relation to the purchased goods, works, and services.

Based on the requirements of Part 4 of Article 67 of the Federal Law “On the Contract System...”, a participant in an electronic auction is not allowed to participate in it in the event of:

1) failure to provide information provided for in Part 3 of Article 66 of the Federal Law “On the Contract System...” or provision of false information;

2) non-compliance of the information provided for in Part 3 of Article 66 of the Federal Law “On the Contract System...” with the requirements of the documentation about such an auction.

By virtue of Part 5 of Article 67 of the Federal Law “On the Contract System...”, refusal of admission to participate in an electronic auction on grounds not provided for in Part 4 of Article 67 of the Federal Law “On the Contract System...” is not allowed.

The case materials established that under item No. 1 “Nitrile non-sterile examination gloves of increased strength with an internal absorbent coating. Size 6½ (S)", No. 2 "Nitrile non-sterile examination gloves of increased strength with an internal absorbent coating. Size 7½ (M)", No. 3 "Nitrile non-sterile examination gloves of increased strength with an internal absorbent coating. Size 8½ (L)", No. 4 "Nitrile non-sterile examination gloves for departments with an increased risk of infection. Size 6½ (S)", No. 5 "Nitrile non-sterile examination gloves for departments with an increased risk of infection. Size 7½ (M)", No. 6 "Nitrile non-sterile examination gloves for departments with an increased risk of infection. Size 8½ (L)", No. 9 "Surgical obstetric gloves. Size 6½ (S)", No. 10 "Surgical obstetric gloves. Size 6½ (M)", No. 11 "Surgical obstetric gloves. Size 6½ (L)", No. 12 "Latex non-sterile examination gloves of increased strength. Size 8½ (L)" of the first part of the auction bid with serial number 5 (LLC "Helios") two countries of origin of goods are indicated, namely: “ Germany, Russia».

As follows from the content of the complaintLLC "Helios", the first part of the Company’s auction application contains information about two countries of origin of the goods proposed for delivery in connection with the following: “ ... were guided by the documents we have (registration certificates, certificates of conformity, declarations of conformity, etc.), existing experience in submitting applications for participation in procurement, as well as experience in the execution of government contracts and other agreements.»

By virtue of Article 1 of the Treaty on the Customs Code of the Eurasian Economic Union”, signed in Moscow on April 11, 2017, Member States accept Customs Code of the Eurasian Economic Union, which is contained in Appendix No. 1 to this Agreement.

In accordance with Part 1 of Article 28 of the Customs Code of the Eurasian Economic Union (Appendix No. 1 to the Treaty on the Customs Code of the Eurasian Economic Union), the determination of the origin of goods imported into the customs territory of the Union is carried out for the purposes and according to the rules for determining the origin of goods, which are provided in accordance with Agreement about the Union (hereinafter referred to as the rules for determining the origin of imported goods).

As established by paragraph 4 of Article 102 of the Treaty on the Eurasian Economic Union, signed in Astana on May 29, 2014, before the entry into force of the decision of the Commission (Eurasian Economic Commission, EEC), establishing the rules for determining the origin of goods, provided for in paragraph 2 of Art. 37 of this Agreement, Agreement applies on uniform rules for determining the country of origin of goods dated January 25, 2008.

According to Article 1 of the Agreement between the Government of the Russian Federation, the Government of the Republic of Belarus and the Government of the Republic of Kazakhstan dated January 25, 2008. “On uniform rules for determining the country of origin of goods”, in the single customs territory of the states of the Parties in relation to goods originating from third countries, with the exception of goods originating from developing and least developed countries and countries with free trade agreements to which all states are parties Parties apply Rules determination of the country of origin of goods (hereinafter referred to as the Rules dated January 25, 2008) in accordance with the Appendix, which forms an integral part of this Agreement.

Clause 1 of the Rules dated January 25, 2008. It is established that the country of origin of goods is the country in which the goods were completely produced or subjected to sufficient processing in accordance with the criteria for sufficient processing of goods established by these Rules. In this case, the country of origin of goods can be understood as a group of countries, or customs unions of countries, or a region or part of a country, if there is a need to distinguish them for the purpose of determining the country of origin of goods.

The document of origin of goods is a declaration of origin of goods or a certificate of origin of goods. The origin of goods is confirmed by a declaration of origin of goods or a certificate of origin of goods in accordance with the rules for determining the origin of imported goods or the rules for determining the origin of exported goods. (Part 6 of Article 29 of the Customs Code of the Eurasian Economic Union (Appendix No. 1 to the Agreement on the Customs Code of the Eurasian Economic Union)).

Thus, the provisions of the Federal Law “On the Contract System...” and the Customs Code of the Eurasian Economic Union allow us to conclude that in the absence of papplication of national treatment (Article 14 of the Federal Law “On the contract system...”) when making a purchase,the indication by the procurement participant of more than one country of origin of the goods does not contradict the provisions of the Federal Law “On the Contract System...”. In this connection, a participant in an electronic auction is not deprived of the opportunity to simultaneously indicate in the first part of the application several countries of origin of the goods proposed for delivery.

Under such circumstances, the indication of several countries of origin of the goods (production of goods) as part of the first part of the auction application does not prevent the consideration of the first part of the auction application and the determination at this stage of the compliance of the goods proposed by the procurement participant with the requirements of the legislation of the Russian Federation and the documentation on the electronic auction, and cannot serve as a basis for refusal to admit an application to participate in an electronic auction.

During the unscheduled inspection, the Commission found:

According to the notice of the electronic auction, purchase No. 0344300002118000015 is carried out for small businesses and socially oriented non-profit organizations.

Part 8 of Article 30 of the Federal Law “On the Contract System...” establishes that if restrictions are established in the notice of procurement in accordance with Part 3 of Article 30 of the Federal Law “On the Contract System...”, the contract concluded with a small entity entrepreneurship or socially oriented non-profit organization, turns on required condition on payment by the customer for the delivered goods, work performed (its results), services provided, individual stages of contract execution no more than within fifteen working days from the date of signing the customer of the acceptance document provided for in Part 7 of Article 94 of the Federal Law “On the Contract System...”.

Clause 2.3.1 of the draft auction documentation contract states: “ Payment is made by bank transfer by transfer Money to the supplier's account in the amount of 100% within 15 working days from the date of delivery of the goods.»

Thus, clause 2.3.1 of the draft contract was set out by the customer with a deviation from the requirements of Part 8 of Article 30 of the Federal Law “On the Contract System...”.

Based on the above, the results of the unscheduled inspection, the materials available in the case, guided by Article 99, Article 106 of the Federal Law of 04/05/2013. No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, Commission,

DECIDED:

1. Recognize the complaint of the Limited Liability Company "Helios" against the actions of the auction commission of the customer - the Regional Budgetary Healthcare Institution "Oktyabrskaya Central District Hospital" of the Kursk Region Health Committee as justified.

2. To recognize the customer - the Regional Budgetary Healthcare Institution "Oktyabrskaya Central District Hospital" of the Kursk Region Health Committee as having violated the requirements of Part 8 of Article 30 of the Federal Law of 04/05/2013. No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

3. To recognize the auction commission of the customer - the Regional Budgetary Healthcare Institution "Oktyabrskaya Central District Hospital" of the Kursk Region Health Committee as having violated the requirements of Part 4, 5 of Article 67 of the Federal Law of 04/05/2013. No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

4. Issue to the customer -Regional budgetary institution Healthcare "Oktyabrskaya Central District Hospital" of the Kursk Region Health Committeean order to eliminate violations of the requirements of Part 8 of Article 30 of the Federal Law of 04/05/2013. No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

5. Due to the fact that the auction commission of the customer - the Regional Budgetary Healthcare Institution "Oktyabrskaya Central District Hospital" of the Kursk Region Health Committee violated the requirements of Part 4, 5 of Article 67 of the Federal Law of 04/05/2013. No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” influenced the procedure for selecting participants in the electronic auction, the Commission believes it is necessary to issue an order to the customer’s auction commission to eliminate violations of the legislation of the Russian Federation on the contract system in the field of procurement .

6. Transfer the materials of case No. 67/2018 to the authorized official of the Department to make a decision on initiating administrative proceedings based on established facts of violation of the requirements of the legislation of the Russian Federation on the contract system.

This decision can be appealed in court within three months from the date of its adoption.

Chairman of the Commission: ˂…˃

Members of the Commission: ˂…˃

˂…˃

DEPARTMENT OF THE FEDERAL ANTI-MONOPOLY SERVICE

IN THE KURSK REGION

P R E D P I S A N I E

in case No. 67/2018

on eliminating violations of the legislation of the Russian Federation on the contract system

Commission of the Kursk OFAS Russia for control in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the Commission) consisting of:

based on the decision of February 21, 2018 in case No. 67/2018, adopted following the consideration of the complaint of the Limited Liability Company "Helios" against the actions of the auction commission of the customer - the Regional Budgetary Healthcare Institution "Oktyabrskaya Central District Hospital" of the Health Committee of the Kursk Region and held at on the basis of Part 15 of Article 99, Article 106 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Federal Law “On the contract system... ") unscheduled verification of the determination of the supplier (contractor, performer) by means of an electronic auction for the supply of consumables for the needs of the Oktyabrskaya Central Regional Hospital (purchase No. 0344300002118000015), guided by Article 99, Article 106 of the Federal Law “On the Contract System...”,

PRESCRIPTS:

1. To the customer - the Regional Budgetary Healthcare Institution "Oktyabrskaya Central District Hospital" of the Kursk Region Health Committee, the customer's auction commission, the operator electronic platform CJSC Sberbank AST to eliminate violations of the requirements of Part 4, Part 5 of Article 67 of the Federal Law “On the Contract System...” committed during the electronic auction No. 0344300002118000015, for which:

1.1. The customer, the customer’s unified commission, cancel all protocols drawn up during the electronic auction and set a new date for consideration of the first parts of applications for participation in the electronic auction, the date of the electronic auction, and also post on the official website of the unified information system in the field of procurement in the information and telecommunications industry on the Internet www.zakupki.gov.ru information about the cancellation of protocols. In this case, the date for consideration of the first parts of applications for participation in the electronic auction must be set no earlier than 6 working days from the date of cancellation of the protocols.

1.2. To the operator of the electronic platform ZAO Sberbank AST no later than 1 (one) working day from the date of execution of clause 1.1 of this instruction:

Cancel the electronic auction protocol;

Set the time for the electronic auction and post information about the time of the electronic auction;

Notify procurement participants who submitted applications for participation in the electronic auction about the cancellation of the protocols drawn up during the electronic auction, about new date consideration of the first parts of applications for participation in an electronic auction, the date and time of the electronic auction, as well as the need to have funds in the accounts in order to carry out operations to ensure participation in open auctions in electronic form, open to procurement participants, in the amount of securing an application for participation in an electronic auction, on blocking transactions in relation to the specified funds, if the blocking in relation to them has been terminated;

Block transactions on accounts for conducting operations to secure participation in open auctions in electronic form, open to procurement participants, in relation to funds in the amount of securing an application for participation in an electronic auction after 4 business days from the date of sending by the operator of the electronic platform to Sberbank AST CJSC notification specified in paragraph 1.2 of this regulation.

2. The customer’s auction commission will consider the first parts of applications submitted by procurement participants before the deadline for submitting applications for participation in the electronic auction and in respect of which the procurement participants have provided security, in accordance with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement and taking into account the decision from 02/21/2018 in case No. 67/2018.

3. The operator of the electronic platform ZAO Sberbank AST shall ensure the possibility of fulfilling paragraphs 1 and 2 of this regulation.

4. The customer, the customer’s unified commission, the operator of the electronic platform of Sberbank AST CJSC, carry out further the procedure for determining the supplier (contractor, performer) in accordance with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement and taking into account the decision of 02/21/2018. in case No. 67/2018.

5. Within 3 (three) working days from the date of execution of paragraphs 1, 2 of this order, submit to the Kursk OFAS Russia evidence of its execution, duly certified (a copy of the protocol for considering the first parts of applications).

6. To the customer - the Regional Budgetary Healthcare Institution “Oktyabrskaya Central District Hospital” of the Kursk Region Health Committee, in order to eliminate the violation of the requirements of Part 8 of Article 30 of the Federal Law “On the Contract System...” based on the results of electronic auction No. 0344300002118000015, bring the contents of the contract at the stage of its conclusion to compliance with the requirements of Part 8 of Article 30 of the Federal Law “On the contract system...”, taking into account the decision of 02/21/2018. in case No. 67/2018.

7. Within 3 (three) working days from the date of execution of paragraph 6 of this instruction, submit to the Kursk OFAS Russia evidence of its execution (a duly certified copy of the signed contract).

This order may be appealed in court within three months from the date of its issuance.

Note. Failure by an official of the customer, an official of an authorized body, an official of an authorized institution, a member of a procurement commission, an operator of an electronic platform, a specialized organization to comply within the prescribed period with a legal order, the requirements of a body authorized to exercise control in the field of procurement, with the exception of the bodies specified inparts 7.1 and 7.2 of Article 19.5 of the Code of the Russian Federation on Administrative Offences, entails administrative liability provided for in Part 7 of Article 19.5 of the Code of the Russian Federation on Administrative Offences.

Cancellation of an auction according to the FAS Order may be with cancellation of the protocols or without cancellation of the protocols.

Cancellation of an auction with cancellation of protocols:

4. B Personal account in the “Procurement documents section” section in the UIS, check whether the protocols have been canceled (the integration of information about canceled protocols from the electronic platform in the UIS takes from 2 hours to 24 hours);

5. In your Personal Account in the UIS, take steps to cancel the purchase.

Cancellation of an auction without cancellation of protocols:

The operator of the electronic platform sets the program for execution of the Order. A button “Fulfill the order” will appear in your Personal Account for the specified auction.

1. Log in to your Personal Account in the “Purchases” section, open the desired auction;

2. In the notification, click the “Fulfill the order” button;

3. After clicking the button, a prompt will appear about switching to the UIS;

4. In your Personal Account in the UIS, take steps to cancel the purchase.

Within 24 hours, information about the cancellation of the auction is integrated into the electronic platform.

Was the information useful?

When requesting quotes, the Federal Antimonopoly Service issues an order to cancel the protocol and carry out the procedure again. What to do with the applications of participants that were received for the first protocol?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and receive electronic signature, by what rules to conclude contracts during the transition period and after.

The Federal Antimonopoly Service ordered that the applications be reviewed again. Therefore, the procedure for considering applications must be repeated, existing applications must be reconsidered and a new protocol for reviewing and evaluating quotation applications must be drawn up.

How to cancel the request for quotation protocol

To cancel the quotation request protocol that has been posted, log in to the procurement register. Find the required purchase and select the “Purchase Documents” context menu item. On the “Procurement Documents” tab, in the drop-down menu of the current version of the protocol, select “Cancellation by decision of a regulatory or judicial authority.”

If you cancel a protocol on the basis of which subsequent protocols were created, the system will cancel the entire chain of protocols and display the message:

Click on the "Continue" button. The system displays the protocol cancellation information form.

Fill out the required fields of the form and provide information. The protocol of the commission's work will become inoperative.

What document can the customer use to cancel the application review protocol?

Rules contract system do not contain requirements in this regard. If the control body has issued an order to cancel the protocol for considering applications, issue a notice of this in any form. You can use the sample:

The notice is issued in accordance with the presented form, which can be supplemented or changed by the customer independently

The FAS order must indicate specific actions that you must take to eliminate the violations. The control body needs to place them in the Unified Information System. This is indicated by parts 23 and 24 of Art. 99 of Law No. 44-FZ.

If you do not comply with the FAS order, you will be fined:

• official - 50 thousand rubles;
• legal entity - 500 thousand rubles.

If you do not comply with the order again, you will be disqualified for one year. Such measures are provided for in Parts 7 and 7.3 of Art. 19.5 Code of Administrative Offenses of the Russian Federation.

Magazine "Goszakupki.ru" is a magazine on the pages of which practical explanations are given by leading industry experts, and materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All articles of the magazine are highest degree reliability.

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January 16, 2018, 23:39, question No. 1874375 Anna, Upper Landeh

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Lawyers' answers (4)

Lawyer, Moscow

Chat

Hello.

I don’t quite understand whether this same auction will be resumed again (but how and when)

According to Art. 99 of the Federal Law of 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”:

when, as a result of scheduled and unscheduled inspections carried out by a control body in the field of procurement, as well as as a result of consideration of a complaint against the actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, an operator of an electronic platform or a procurement commission, violations of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, the control body in the field of procurement has the right to:

issue binding orders to eliminate such violations in accordance with the legislation of the Russian Federation, including the cancellation of the determination of suppliers (contractors, performers).
An order to eliminate a violation of the legislation of the Russian Federation or other regulatory legal acts on the contract system in the field of procurement must contain an indication of specific actions that must be taken by the person who received such an order to eliminate the specified violation. The contract cannot be concluded before the date of execution of such order.

Thus, based on the order you provided, the OFAS did not cancel the designation of suppliers (contractors, performers), but only ordered that the relevant violations be eliminated by January 25, 2018, where it also added:

implement further actions to conduct procurement in accordance with the requirements of the Law on the Contract System.

Since the order contains a deadline for extending the deadline for submitting applications for participation in open auction is not specified, then such an extension is carried out within the period established by Federal Law dated 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

How to extend such a period is described at the following link:

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Client clarification

I still didn’t understand what would happen next. The official website says that the purchase has been completed. This means that the contract will still be signed with the supplier who was determined based on the results of the auction? but our applications were returned to us, and the notice from the site stated that all auction protocols had been cancelled. Tell me, what exactly will happen next? Will there be an auction again as part of the same purchase? or will they announce a new one? And in general, such a decision by the FAS is legitimate, because if there were no violations in the document, most likely another supplier would have won? Maybe we should appeal to a higher FAS?

• Lawyer, Moscow

  Chat
  • expert

  Anna, greetings!

  From the text of the order it follows that the results of the auction were canceled (the Federal Antimonopoly Service ordered the cancellation of all protocols); changes must be made to the auction documentation.

  Amendments to the auction documentation entail the establishment of new deadlines for filing applications (Part 6, Article 63 of Law 44-FZ):

  6. The customer has the right to decide to make changes to the notice of an electronic auction no later than two days before the deadline for filing applications for participation in such an auction. Changing the procurement object during such an auction is not allowed. Within one day from the date of this decision, the customer places the specified changes in the unified information system. In this case, the period for filing applications for participation in such an auction must be extended so that from the date of posting the changes made to the notice of such auction until the expiration date for filing applications for participation in such an auction, this period is no less than fifteen days or , if the initial (maximum) contract price (lot price) does not exceed three million rubles, no less than seven days.

  That is, the purchase will essentially start anew. And you will be able to reapply for participation in it.

  At the site, the information will be updated when the customer sends there information that he has canceled all the protocols (the site itself cannot cancel the protocols, the Federal Antimonopoly Service does not cancel them either, but orders the customer to do so).
  

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  Client clarification

  Now everything is more or less clear, but since changes to the procurement are made according to the FAS resolution, will a new procurement be announced, and through schedules, already in January? and, if there is not enough time (the contract deadline is February 12, 2018), then the purchase can become a request for proposals or a quotation, right?

  Lawyer, Moscow

  Chat
  • expert

  since changes to the procurement are made by FAS resolution, a new procurement will be announced

  Some strange conclusion. The FAS ordered changes to be made to the auction documentation, and not a new purchase.

  In principle, the customer, of course, can own initiative cancel the purchase and create a new one. According to the same rules by which he formed the original one, i.e. most likely in the form of an auction.
  

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  Client clarification

  Those. (sorry for the lack of understanding, this is the first time we filed a complaint), the customer will redo the documents as part of the same auction and... how will we or someone else (who did not apply for the last auction due to incorrect documents) find out what is needed submit new applications for the same site? Will the site tell us? Or will it be published on the official website? But, if there is essentially no time left for the auction (the service must be completed on February 12), what should the customer do then? and, if such an auction is announced, will this again be a violation, because? Will the deadlines for concluding a contract following the auction be violated? or in this case they will not be violated? and why then did the customer shout at the commission that he would not have time to carry out the purchase?

We will not list all the reasons for such actions on the part of the state customer, but they are obvious. However, this does not mean that nothing can be done. Our practice shows that canceling an auction is possible, and sometimes simply necessary. To do this, it is important to follow the right steps.

How can we help in case of an illegal auction?

studying auction errors

By virtue of Art. 449 of the Civil Code of the Russian Federation, auctions held in violation of the rules established by law may be declared invalid by the court at the request of an interested person. This means that the first step is to set priorities legally and see the most important mistakes during bidding. Our lawyers will carefully review your case and documents and determine what tactics should be used to cancel the auction results.

The formal reasons for canceling the auction are listed in the law and among them:

Failure to comply with the deadline for accepting applications for participation in the auction (at least 25 days - Article 18 of the Federal Law 178) when selling state property;

Illegal refusal of admission to participate in auctions;

Incorrect determination of the winner, etc.

In which body should the auction be cancelled?

According to Part 1 of Art. 105 Federal Law No. 44 any procurement participant, as well as those carrying out public control public associations, associations legal entities in accordance with the legislation of the Russian Federation, have the right to appeal in court or in the manner established by this chapter, to the control body in the field of procurement, actions (inaction) of the customer, authorized body, authorized institution, specialized organization, procurement commission, its members, officials persons contract service, contract manager, operator of the electronic platform, if such actions (inaction) violate the rights and legitimate interests of the procurement participant. The explanation of the control body is given in Art. 99 Federal Law No. 44, however, this decoding is very confusing, but in the end it turns out that you can file a complaint about the auction with the FAS Office for the relevant region. If this body does not satisfy the applicant’s demands, this decision FAS can be appealed in court.

auction appeal period - 10 days

Appeal against actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, a procurement commission, its members, a contract service official, a contract manager, an operator of an electronic platform if these actions (inaction) were committed when determining a supplier (contractor) , contractor) through an electronic auction, is carried out in the manner established by this chapter, at any time the supplier (contractor, performer) is determined, as well as during the period of accreditation on the electronic platform, but no later than ten days from the date of posting the protocol on the electronic platform the results of such an auction or the protocol for considering applications for participation in such an auction or the protocol for conducting such an auction in the event that such an auction is declared invalid. A complaint about the provisions of the documentation about such an auction may be filed by a procurement participant before the deadline for filing applications for participation in such an auction. Moreover, if the appealed actions (inaction) were committed after the start of consideration of applications for participation in such an auction, an appeal against these actions (inaction) can only be carried out by the procurement participant who submitted an application to participate in such an auction. If the appealed actions (inactions) were committed during the consideration of the second parts of applications for participation in an electronic auction or when concluding a contract, the appeal of these actions (inactions) is carried out before the conclusion of the contract. After the expiration of the specified period, appeal against these actions (inaction) of the customer, authorized body, authorized institution, specialized organization, operator of the electronic platform, auction commission is carried out only in court.

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cancellation of auction through court

If the Federal Antimonopoly Service makes a negative decision to cancel the auction, then the applicant who does not agree with this decision has the right to appeal to general procedure to the arbitration court. The motivation for canceling the FAS decision must be identical to that contained in the complaint to the FAS itself. In fact, what is being challenged in court is not the auction itself, but the attitude towards its holding on the part of the control body.

Contact our company and we will definitely help you resolve the issue of canceling the auction (bidding)! And if we can’t, then we’ll say so!

Letter to FAS about auction cancellation

<…><…>; representative of the Ministry for regulation of the contract system in the field of procurement Irkutsk region(hereinafter referred to as the authorized body) –<…> ;

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having considered the applicant’s complaint about the provisions of the documentation about the auction in electronic form in the manner prescribed by Chapter 6 of 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” (hereinafter referred to as the Federal Law No. 44-FZ), Order of the FAS Russia dated November 19, 2014 No. 727/14 “On approval of the administrative regulations of the Federal Antimonopoly Service for the execution of the state function of considering complaints against the actions (inaction) of the customer, authorized body, authorized institution, specialized organization, commission for procurement, its members, contract service official, contract manager, electronic platform operator when identifying suppliers (contractors, performers) to meet state and municipal needs" (hereinafter referred to as the FAS Regulations),

The Irkutsk OFAS Russia received a complaint from gr. P. on the provision of documentation on an auction in electronic form for the supply of a passenger car to support the activities of persons holding public positions in the Irkutsk region in the Legislative Assembly of the Irkutsk region.

In accordance with the arguments of the complaint, the customer violated Art. 33, clause 2, part 1, art. 64, paragraph 1, part 3, art. 66, art. 34 of Federal Law No. 44-FZ.

The customer and the authorized body submitted objections, according to which they consider the arguments of the complaint to be unfounded.

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From the materials of the complaint it follows that on November 29, 2017, the customer On the official website of the Unified Information System in the field of procurement www.zakupki.gov.ru there is a notice of an electronic auction for procurement No. and documentation of an electronic auction for the right to conclude a contract for the supply of a passenger car to ensure the activities of persons holding government positions in the Irkutsk region in the Legislative Meetings of the Irkutsk region (hereinafter referred to as documentation about the auction).

The initial (maximum) price of the contract is rubles 00 kopecks.

By virtue of clause 1, part 1, art. 64 of Federal Law No. 44-FZ, documentation on the electronic auction must contain the name and description of the procurement object and the terms of the contract in accordance with Art. 33 of this Federal Law, including justification for the initial (maximum) contract price.

Clause 1 of Part 1, Part 2 of Article 33 of Federal Law No. 44-FZ stipulates that the description of the procurement object shall indicate the functional, technical and quality characteristics, operational characteristics of the procurement object (if necessary); procurement documentation in accordance with the requirements specified in part 1 of this article must contain indicators that make it possible to determine the compliance of the purchased goods, works, services with the requirements established by the customer. In this case, the maximum and (or) minimum values ​​of such indicators are indicated, as well as the values ​​of indicators that cannot be changed.

The requirements for the description of the procurement object are defined in Part III of the auction documentation, according to which a passenger car is required for delivery, while, in accordance with the requirements of Art. 33 of Federal Law No. 44-FZ, the auction documentation contains both the maximum and (or) minimum values ​​of such indicators, as well as the values ​​of indicators that, in the opinion of the customer, cannot be changed.

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The applicant claims that the characteristics of the car provided for in Part III of the auction documentation correspond to only one product - Toyota Camry.

In accordance with Part 9 of Art. 105 of Federal Law No. 44-FZ Documents confirming its validity are attached to the complaint.

At the same time, documents confirming the validity of the arguments set out in the complaint,<…>not presented, not obtained by the Commission independently.

At the same time, from the literal interpretation of the provisions of Art. 33 of Federal Law No. 44-FZ it follows that the customer purchasing according to the rules of Federal Law No. 44-FZ, when describing the procurement object, must thus prescribe the requirements for the purchased goods in order, on the one hand, to increase the chances of purchasing goods with exactly such characteristics that are necessary, and on the other hand, do not limit the number of procurement participants. Thus, the customer has the right to define in the procurement documentation such requirements for the quality, technical and functional characteristics of the goods that meet the needs of the customer, taking into account the specifics of his activities and ensure efficient use budget funds. In this case, the customer has the right to detail the subject of procurement to the required extent, since the customer’s needs are the determining factor in establishing the relevant requirements, and in relation to specifying specific requirements for medicines The medical aspect must also be taken into account.

At the same time, the Federal Antimonopoly Service and its territorial bodies are not vested with the authority to determine and change the customer’s needs.

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According to clause 1, part 8, art. 99 of Federal Law No. 44-FZ, control over compliance with the requirements for justification and validity of procurement is carried out by internal state (municipal) financial control bodies.

In addition, the subject of the procurement in question is the right to conclude a contract for the supply of goods, and not for its manufacture, therefore any legal, individual, individual entrepreneur, including a person who is not the manufacturer of the goods required for delivery, who is ready to supply goods that meet the requirements of the auction documentation and meet the needs of the customer.

The legislation on the contract system in the field of procurement does not provide for the need for customers to establish such requirements for purchased goods that would be satisfied by the products of all existing manufacturers of this product.

Part 1 of Article 105 of Federal Law No. 44-FZ determines that any procurement participant, as well as public associations exercising public control, associations of legal entities in accordance with the legislation of the Russian Federation have the right to appeal in court or in the manner established by this chapter, to the control body in the field of procurement actions (inaction) of the customer, authorized body, authorized institution, specialized organization, procurement commission, its members, officials of the contract service, contract manager, operator of the electronic site, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

<…>does not indicate how the description of the procurement object provided for in the auction documentation violates its rights and legitimate interests, and also limits its participation in the procurement in question.

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By virtue of clause 2, part 1, art. 64 of Federal Law No. 44-FZ, auction documentation in electronic form must contain requirements for the content and composition of the application for participation in such an auction in accordance with Part 1 of Art. 66 of this Federal Law and instructions for filling it out.

The subject of the purchase in question is the supply of goods.

Thus, paragraph 1 of part 3 of Article 66 of Federal Law No. 44-FZ establishes that when concluding a contract for the supply of goods, the first part of the application for participation in an electronic auction must contain:

a) the consent of a participant in such an auction to supply goods if this participant offers for delivery a product in respect of which the documentation for such an auction contains an indication of a trademark (its verbal designation) (if any), a service mark (if any), brand name (if available), patents (if available), utility models (if available), industrial designs (if available), name of the country of origin of the goods, and (or) such participant offers for delivery goods that are equivalent to the goods specified in this documentation, specific indicators of the product corresponding to the equivalence values ​​established by this documentation;

b) specific indicators corresponding to the values ​​​​established by the documentation about such an auction, and an indication of the trademark (its verbal designation) (if available), service mark (if available), brand name (if available), patents (if available), useful models (if available), industrial designs (if available), name of the country of origin of the goods.

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Part III of the auction documentation does not contain indications of a trademark (its verbal designation), service mark, company name, patents, utility models, industrial designs, therefore, when filling out an application for participation in an electronic auction, paragraphs. “b” clause 1 part 3 art. 66 of Federal Law No. 44-FZ.

This requirement is established by the customer, the authorized body in paragraph 21 of part II of the auction documentation.

Thus, the arguments of the complaint were not confirmed.

According to Part 4 of Art. 64 of Federal Law No. 44-FZ, a draft contract is attached to the electronic auction documentation, which is an integral part of this documentation.

The draft contract developed by the customer is contained in Part V of the auction documentation.

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In clause 10.2 of the draft contract, the customer determines that “If, as a result of force majeure circumstances, significant damage, in the opinion of one of the Parties, is caused to the Goods, then this Party is obliged to notify the other Party about this within 3 days, after which the Parties are obliged to discuss the feasibility further continuation of the supply of the Goods and conclude an additional agreement with a mandatory indication of new volumes, terms and cost of the Goods, which from the moment of its signing becomes an integral part of the Contract, or terminate the Contract. If the circumstances specified in clause 10.1 last more than 2 (two) calendar months from the date of the relevant notification, each Party has the right to terminate the Contract without claiming compensation for losses incurred in connection with the occurrence of such circumstances.”

By virtue of Part 1 of Art. 34, part 10 art. 70 of Federal Law No. 44-FZ, the contract is concluded on the terms specified in the notice of an electronic auction and documentation about such an auction, at the price offered by its winner.

When concluding and executing a contract, changing its terms is not allowed, except for the cases provided for by this article and Article 95 of this Federal Law (Part 2 of Article 34 of Federal Law No. 44-FZ).

At the same time, specified in Art. Art. 34, 95 of Federal Law No. 44-FZ cases do not contain the possibility of changing the essential terms of the contract in the event of force majeure circumstances, therefore, the provisions of clause 10.2 of the draft contract do not comply with Art. 95 of Federal Law No. 44-FZ and violate Part 2 of Art. 34 of Federal Law No. 44-FZ.

Based on the above, guided by Art. 106 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, FAS Regulations, Commission for Monitoring Compliance with Legislation on the Contract System in the field of procurement of goods, works, services to meet state and municipal needs,

Free legal advice:

1. Accept the complaint of Mr. P. partially substantiated.
2. Recognize the customer as having violated Part 2 of Art. 34 of Federal Law No. 44-FZ.
3. Issue to the customer an order to eliminate the violation of Federal Law No. 44-FZ by bringing clause 10.2 of the contract in accordance with the requirements of Federal Law No. 44-FZ when concluding the contract.
4. Send copies of the decision and order to the parties to the complaint.
5. The operator of the electronic platform should cancel the suspension of procurement regarding the conclusion of the contract.

A decision made based on the results of consideration of a complaint against the actions (inaction) of a customer, an authorized body, a specialized organization, a competition, auction or quotation commission may be appealed in court within three months from the date of its adoption.

Commission of the Irkutsk OFAS Russia for monitoring compliance with legislation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the Commission) consisting of:

with the participation of representatives of the Legislative Assembly of the Irkutsk Region (hereinafter referred to as the customer) –<…><…>.; representative of the Ministry for regulation of the contract system in the field of procurement of the Irkutsk region (hereinafter referred to as the authorized body) –<…> ;

in the absence of a representative duly notified gr. P. (hereinafter – gr. P., applicant);

Free legal advice:

based on the decision of the Commission of the Irkutsk OFAS Russia No. 1240 dated December 13, 2017, guided by Art. 106 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Federal Law No. 44-FZ),

1. When sending a draft contract based on the results of the electronic auction to the winner of the electronic auction, the customer must eliminate the violation of Part 2 of Art. 34 of Federal Law No. 44-FZ by bringing clause 10.2 of the draft contract in accordance with the requirements of Federal Law No. 44-FZ.

2. To the customer within three working days from the date of conclusion of the contract based on the results of the electronic auction No. submit to the Irkutsk OFAS Russia documents confirming the fulfillment of clause 1 of the order, in particular, a copy of the contract concluded by the customer with the winner of the electronic auction.

Drawing up a complaint to the FAS - sample

Complaint to the FAS - a sample of it will be needed in order to challenge an unlawful decision government agency or a trading platform operator for government procurement. We have compiled a sample complaint to the FAS based on current regulations. In addition, the article explains the procedure for submitting it.

Sample complaint to FAS.doc

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How to write/submit a complaint to the FAS in writing and electronically

The procedure for filing a complaint with the Federal Antimonopoly Service of Russia (FAS) regarding violations of the law during public procurement is defined in Chapter. 6 Federal Law “On the contract system...” dated 04/05/2013 No. 44-FZ (hereinafter - Law No. 44-FZ) and is spelled out in detail in the Administrative Regulations of the FAS, approved by Order of the FAS Russia dated 11/19/2014 No. 727/14 (hereinafter - Adm. regulations).

According to clause 3.6 Adm. of the regulations, the complaint must contain the following information in Russian:

• full name of the applicant and the person whose actions are being appealed;
• information about the procurement during which the violation occurred;
• description of the violation itself;
• list of attached documents (evidence).

A complaint to the FAS under No. 44-FZ can be submitted by any procurement participant in writing and signed by him personally. Lack of signature is grounds for returning the complaint without consideration. Previously, the administrative regulations allowed filing complaints in in electronic format. Today such a possibility is not directly provided.

Deadlines for filing a complaint and its consideration by the FAS according to Law No. 44-FZ

The deadlines for filing a complaint with the FAS regarding actions/inactions are defined in Art. 105 of Law No. 44-FZ:

• By general rule this is any time after the procurement plan is posted on the state portal with the proviso that after the publication of the protocol for the consideration and evaluation of applications, the applicant has 10 days left to file a complaint with the FAS;
• to appeal against violations committed by the customer or operator when choosing a supplier at an auction - within 10 days from the date of posting the final protocol of the auction (on holding, declaring it invalid, etc.);
• to appeal the auction documentation - before the deadline for submitting applications;
• in case of a violation when considering the 2nd part of the application - before the conclusion of the contract;
• to appeal the actions of the operator during accreditation of the participant to trading platform- 30 days from the date of the violation;
• to appeal the actions of the customer or other person authorized to enter into a government contract, carried out in connection with the conclusion of the contract - before the date of conclusion of the contract.

Within 2 days from the date of receipt of the complaint from the procurement participant, FAS informs about the time and place of its consideration. And the decision is made within 5 days after receipt.

Free legal advice:

If the sender of the complaint is a citizen who is not involved in procurement, the complaint will be considered within 30 days.

All information based on the results of the review is published on the Internet, on the government procurement website.

How FAS decisions are made on complaints

The procedure for considering and making decisions on complaints is described in detail in the Adm. regulations. It happens in several stages:

1. When a complaint is received, its jurisdiction and compliance with legal requirements (availability of mandatory information) is determined.
2. Then information about the complaint is entered into the Unified information system(EIS), and the applicant is notified of the time and place of its consideration.
3. After this, the complaint is transferred to the commission for immediate consideration.
4. The commission, having carried out a number of procedures (opening the meeting, explaining rights and obligations, etc.), hears the content of the complaint either from the applicant or from a representative of the FAS.
5. As part of the case under consideration, the commission is conducting an unscheduled inspection of documents related to the tender.
6. Based on the results of the activities, the commission makes a decision on the validity or unfoundedness of the complaint.

The decision made by the commission can be appealed in court within 3 months from the date of its adoption.

Thus, for appealing actions/inactions of persons in the field of public procurement, the following are quite clearly defined:

Free legal advice:

• information that must be indicated in the complaint;
• the time period within which such a complaint can be filed;
• procedure for considering a FAS complaint, stages and documentation.

Sample complaint to FAS

Many suppliers have no idea how to properly file a complaint to the FAS. We present to your attention a sample complaint to the FAS regarding the rejection of the first part of the application;

Tender Solutions Group of Companies provides assistance in drawing up and defending complaints to the Federal Antimonopoly Service for unlawful rejection of applications and non-compliance of auction documentation with the requirements of 44 Federal Laws. Our advantages;

Where: Administration of the Istrinsky municipal district of the Moscow region, Russian Federation, Moscow region, Istra g, pl. Revolutions, 4

Complaint about the actions of the Customer

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Customer: Administration of the Istrinsky municipal district of the Moscow region

1. Last names, first names, patronymics of members of the competition, auction or quotation commission, whose actions (inactions) are being appealed: Irina Nikolaevna Fotova
2. Participant in placing the order (applicant):, Taxpayer Identification Number:.

Address: telephone: fax: e-mail: Contact person

3. Address of the official website where information about placing an order is posted: zakupki.gov.ru

Carrying out work on repairing asphalt concrete pavement, installing parking lots and ramps on site rural settlement Kostrovskoe

Free legal advice:

1. Appealed actions of the Customer: unlawful rejection of the first part of the application.

6. Arguments of the complaint: when the application was submitted, date, time, date, time of notification of non-admission.

Reason for denial of admission: text of the notification.

We believe that the application was rejected unlawfully, because in the application the parameters corresponding to GOST were indicated: in clause 1 Asphalt concrete mixtures the indicators corresponding to GOST were indicated, in clause 2 Concrete mixtures the indicators were indicated corresponding to the BST GOST (the indicator must be ranged) in clause 9 Natural drying oil the indicators were indicated corresponding to GOST, the protocol for considering the first parts of the applications did not indicate the reasons for rejection (Similar grounds for rejection of the application are present in the description of other offered goods).

1) Oblige the Customer to continue placing the trading procedure in compliance with the requirements of Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

2) Cancel the auction results.

Free legal advice:

3) Return the auction to the stage of consideration of the first parts of applications.

4) In accordance with Art. 99 of Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” conduct an unscheduled inspection of the auction posted on the All-Russian official website zakupki.gov.ru No. for item the legality of the actions of the State Customer in accordance with the requirements of Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

Attachment: 1. Application submitted by URZ.

2. Auction documentation.

3. Order on the appointment of the General Director.

We hope. that the material Complaint to the FAS sample was useful for you and you will contact our resource again.

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What to do when receiving a FAS order

When is it issued?

A FAS order is an order of the antimonopoly service, forcing participants in the contract system to perform certain actions. In a document such as the “Decision”, the FAS only indicates whether violations have been identified or not. In the “Instruction,” the antimonopoly service indicates what actions need to be taken to eliminate violations (it is not issued only in cases where the violations did not or cannot affect the results of determining the winner).

According to the FAS Administrative Regulations, approved by Order No. 727/14 dated November 19, 2014, actions aimed at eliminating violations within the framework of the completed order may be:

• making changes to the notice and documentation with extending the deadline for filing applications (correcting incorrect technical specifications, establishing a requirement for potential participants to have licenses, certificates, etc.);
• cancellation of protocols drawn up during the identification of the winner;
• carrying out procurement in accordance with the requirements of 44-FZ (establishing correct deadlines for submitting applications, auction dates, etc.).

Document form

The document must contain the following information:

• date and place of issue;
• composition of the commission;
• information about the accompanying decision;
• name, address of the customer, authorized institution, specialized organization, commission, operator of the electronic platform;
• an indication of the actions that need to be taken to eliminate violations;
• the time period within which the requirement must be fulfilled;
• the time frame within which the control body must receive copies of documents and information about execution.

FAS sends the document to all participants in the proceedings and also publishes it on the EIS website.

Sample prescription

Execution Actions

After issuing a document, the body to which it was issued is obliged not only to fulfill the established requirements, but also to report to the control service about its implementation. Within the time limits established by the antimonopoly authority, the guilty organization must send a notice of execution of the FAS order.

Letter to the FAS on the execution of the order, sample

How to cancel protocols ordered by the FAS

Most often, at the direction of the antimonopoly service, customers are ordered to cancel the protocols drawn up during the procedure, or to make changes to the procurement documentation in accordance with the issued conclusions of the control body. Here are instructions for these operations.

How to make changes to documentation

On home page bidding, the customer selects the item “Changes by decision of a regulatory or judicial authority or based on the results of mandatory public discussion.” The system displays a page with the Foundation tab active.

You must select an indication from the register of control results. If the FAS has not published the document in the Unified Information System, then the customer manually enters the details of the order.

How to cancel protocols

On the “Purchase Documents” tab, in the protocol drop-down menu, select “Cancellation by decision of a regulatory or judicial authority.”

When you click the “Continue” button, a protocol cancellation information form is displayed.

IN general information order, adjustments are made and a new copy of the protocol is attached.

It is also important that the Commission’s order can be appealed in court within three months from the date of its adoption, and failure to fulfill the requirements of the FAS on time, including evasion, partial or untimely execution of points, entails administrative liability and further appeal to the antimonopoly service to court with a claim to compel correction of violations. Fine, according to Part 7 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation, for officials amounts to rubles; for legal entities - rub., and repeated commission of this offense entails disqualification for a period of one year.