What should I do if you are included in the Register of Unscrupulous Suppliers (RNP) and how can I appeal this to the arbitration court?

Doing business is always fraught with risks, and one of the most serious is entering into the Register of Unscrupulous Suppliers (RNP). This decision can significantly affect your business, limiting opportunities to participate in tenders and undermining the trust of customers and contractors. However, you have the opportunity to appeal this decision to the arbitration court.

Reasons for inclusion in the register of unscrupulous suppliers under 44-FZ and 223-FZ

In accordance with part 2 of Article 104 of Federal Law No. 44-FZ, a supplier may be entered into the register of unscrupulous suppliers (RNP) in the following cases:

Reason No. 1. Evading the conclusion of a contract.   

The winner of the tender may be considered to have declined if, within the established time frame, he:

• did not sign a contract or did not post a protocol of disagreement;
• did not provide security for the execution of the contract if it was a requirement of the customer;
• did not comply with anti-dumping measures if he reduced the price by 25% or more during the auction;
• He refused to reduce the price of medicines from the VED if he overestimated the regulatory limit price.   

If the winner refuses to sign the contract, the customer draws up a protocol, which is published in the Unified Information System (UIS) and on the electronic platform. Then the customer applies to the Federal Antimonopoly Service (FAS) with a request to include the supplier in the RNP. The decision on inclusion is made by the Federal Antimonopoly Service.

Reason No.2. Non-fulfillment of obligations under the contract.

If a supplier has signed a contract, but then refused to execute it for no good reason, it may also be included in the RNP. In this case, the customer must send an appeal to the Federal Antimonopoly Service within two working days after the refusal.

Failure to comply with the terms of the contract, for example, a significant delay or disruption in the delivery of goods, work or services, may also lead to inclusion in the register. It is important to note that if the contract is terminated by agreement of the parties, the supplier will not be included in the RNP.

However, if the contract is unilaterally cancelled or by a court decision, the consequences can be serious. The court may terminate the contract if the supplier has significantly violated its terms.

Reason No. 3. Termination of the contract by court decision.

If the court has decided to terminate the contract due to significant violations of its terms by the supplier, this also serves as a basis for entering into the RNP.

What should I do if I have already made a contribution to the RNP? Appeal of the RNP to the Arbitration Court.

Information about a supplier or contractor entered into the Register of Unscrupulous Suppliers (RNP) may be prematurely excluded by a court decision in the following cases:

1. If the court invalidated the decision of the Federal Antimonopoly Service (FAS) on entering data about this participant in the procurement into the register.

2. If the court has established that the customer’s unilateral refusal to perform the contract is illegal or invalid.

The appeal of inclusion in the RNP takes place by appealing the decision of the FAS in the Arbitration Court.

To appeal the decision to amend the RNP, you need to file a complaint. It is important to consider the following points:

• The complaint must be clear, legally justified and contain references to the current legislation.
• All evidence must be attached.

The terms of consideration of the application for exclusion from the RNP in the Arbitration Court?

The duration of the trial takes on average from 2 months to a year, therefore, it is necessary to appeal the inclusion in the RNP in court as early as possible.

The time limit for filing a claim in court is:

• 3 months — to appeal the decision of the FAS on inclusion in the register of unscrupulous suppliers (RNP) in accordance with 44-FZ, as well as to challenge the FAS order on entry into the RNP on the basis of the conclusion of the territorial administration of the FAS (223-FZ).
• 1 year — to appeal against the customer’s refusal to fulfill the contract.

AG CONSULT Business Law company has long-term experience in the field of protection of clients’ rights in arbitration courts. We understand that the situation with the RNP can be a serious blow to your business, and we are ready to offer you:

• Individual analysis of the situation. Our experts with many years of experience will assess your risks and propose a protection strategy.
• Professional training of the complaint. We will prepare a high-quality complaint that meets all legal requirements so that you can effectively present your position.
• Representation in the arbitration court. Our legal team will defend your interests at court hearings based on a deep understanding of legislation and practice.

Don’t let inclusion in the RNP ruin your business ideas and plans! Contact YANG CONSULT today and we will help you regain your reputation and confidence in the future.

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