The Supreme court of the Russian Federation: the customer is obliged to terminate the state contract with the supplier who got to the register of unfair suppliers after the victory in purchase
The customer held an electronic auction, setting a requirement to the participants about the absence of information about them in the register of unscrupulous suppliers. However, after the conclusion of the contract, it became known that the information about the supplier was included in the register. The decision was made after summarizing the results of the auction, that is, the supplier indicated in the application reliable data on its compliance with the requirements, which means that it was allowed to participate legally. Nevertheless, the customer decided to refuse to perform the contract on the basis of paragraph 1 h. 15 of article 95 of the Law N 44-FZ.
The supplier appealed to the court, referring to the position of the FAS. The service previously explained that the customer can not terminate the contract if the data on the winner was included in the register of unscrupulous suppliers after filing an application.
The courts did not listen to this argument. In their opinion, in such a situation, the Law N 44-FZ obliges the customer to refuse to perform the contract unilaterally. The Supreme Court did not review the case.
Document: Definition of the Supreme Court of 21.03.2019 in the case N A40-331/2018