⚖️ Failure to consider arguments about the unlawful rejection of a bid after the contract has been executed
The Supreme Court of the Russian Federation agreed with the lower courts that if your application for participation in a procurement under the 44-FZ was rejected by the Customer, and the UFAS did not see in this violation and on the results of the auction concluded a government contract, which is executed at the time of filing a claim in arbitration court to invalidate the final protocol, the court has the right to reconsider after the UFAS not to consider arguments about the illegal rejection of the applicant’s application, because the UFAS. because the invalidation of the bidding should lead to the restoration of the violated rights and interests of the person who brought the relevant claim, and given that the contract concluded with the winner of the procedure – based on the results of the procurement, executed, the invalidation of the bidding will not restore the rights of the plaintiff (the applicant), since the parties to the original position is impossible.
The invalidation of the auction must lead to the restoration of violated rights and interests of the person who brought the claim (Decision of the Constitutional Court of the Russian Federation of 16.07.2009 № 739-O-O-O, decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation of 07.02.2012 № 12573/11, 29.01.2013 № 11604/12). This conclusion is also consistent with the legal position of the Supreme Court of the Russian Federation set forth in the definitions of 20.07.2018 № 305-ES18-10022 and 25.11.2019 № 308-ES19-20779.
Source : https://ppt.ru/columns/zakup-praktika/verkhovnyy-sud-o-goszakupkakh-den-za-dnem-21-05-24