The client of the law firm missed the deadline for the contract conclusion based on the results of trades conducted in accordance with the Federal Law No. 44-FZ of 05.06.2013 "On the Contract System of the Federal and Municipal Procurement of Goods, Works and Services". The antimonopoly body initiated proceedings to enter the organization in the register of unscrupulous suppliers and made a decision to enter the organization in the register for 2 years. This threatened the termination of activities for the client of the law firm based on medical equipment supply upon execution of state contracts.
Despite the fact that the client applied to LexProf only after a negative decision was taken by the antimonopoly authority (which in 90% of cases means the decision to remain in force by the court), the lawyers of LexProf managed to prove the conscientiousness of the client's actions and the direction of the client's actions to conclude the contract instead of disruption of biddings. The court also took into account the fact that the client of the law firm voluntarily refunded to the state customer the difference in the cost of delivery, which arose because of the expiration of the term of the state contract.
As a result, a unique for the domestic practice court decision on the reversal of the decision of the antimonopoly authority regarding the entry of the organization in the register of unscrupulous suppliers was made. The court of appeal left the decision of the court of the first instance in force.