FAS of Russia: execution of the order on elimination of violations of the order of purchases under the Law No. 223-FZ can be suspended only by court

11 October 2019, Friday

In particular, in prepared by experts of Department letter notes that article 18.1 of the Federal law of 26 July 2006 No. 135-FZ "On protection of competition" (hereinafter – the Law № 135-FZ) has established an independent grievance procedure for violation of the bidding procedure, procedure for conclusion of contracts that is not related to the procedure of consideration of cases on violation of antitrust legislation and, accordingly, the provisions of part 2 of article 52 of the Law No. 135-FZ shall not apply to cases of extradition to the antitrust authority of these regulations. Thus, this procedure does not provide for the possibility of suspending the execution of the relevant order on the basis of consideration of the complaint in case of appeal in court.

Thus, the execution of the order issued in accordance with clause 3.1 of part 1 of article 23 of the Law No. 135-FZ, may be suspended only in case of acceptance by court of appropriate interim measures in the form of a suspension of the regulations in the prescribed manner by analogy with the practice of consideration of disputes in accordance with the Federal law of April 5, 2013 № 44-FL "About contract system in the procurement of goods, works, services for state and municipal needs". The administrative proceedings on the fact of failure within the prescribed period determinations of the Antimonopoly authority, including in case of appeal against such order in court, subject to excitation by the expiration of execution of such orders, except the court of interim measures in the form of a suspension of the regulations.

Recall that according to part 23 of article 18.1 of Law No. 135-FZ, the decision or order of the Antimonopoly authority Commission may be appealed in court within 3 months from the date of the decision or the issuance of the order.

Document: Letter no. IA/79982/19 of the FAS of Russia dated September 12, 2019

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