December 16 Main results of the day

Almost a 180° turn!

Rashid Gitinov, Head of the practice of dispute resolution with government agencies at the Bureau of Lawyers “De jure” is always ready to defend the interests of clients in disputes against state-owned companies or government agencies. But today Rashid Gitinov acted as a defender of the rights and interests of a State Unitary Enterprise in a dispute with the Federal Antimonopoly Service Office for Moscow on invalidation of the decision of the Federal Antimonopoly Service Office to refuse to include a supplier in the register of unscrupulous suppliers.

The Moscow Arbitration Court agreed with our arguments regarding:

• incorrect interpretation of Russian legislation by opponents;
• greater force of special provisions of the Law on the Contract System in relation to provisions of the Civil Code of the Russian Federation;
• the presence in the contract of a condition on the general initial and final delivery dates of the goods and the right of the customer to specify, at his own discretion, the quantity and delivery time of the goods within the framework of a specific application;
• incorrect interpretation by the supplier of the possibility to deliver the goods no later than the general final delivery date under the contract, refusing to deliver the goods within the timeframes specified by the customer in the applications.

Taking into account our objections, the court was also not convinced by the opponents’ arguments regarding the existence of other government contracts concluded and executed by the supplier.

As a result of the dispute, the court granted the State Unitary Enterprise’s application to invalidate the decision of the Federal Antimonopoly Service Office for Moscow and to oblige the Federal Antimonopoly Service Office to include information about the supplier in the register of unscrupulous suppliers.