Law & Wise - a reliable assistant in appealing against FAS decisions

According to Art. 52 of the Federal Law “On Protection of Competition” No. 135-FZ dated July 26, 2006, a legal entity is entitled to appeal the decision or order of the antimonopoly body to the commercial court or to the FAS collegial body within 3 months. The term is calculated from the moment the decision is made or FAS order is issued.

There are two reasons for a substantiated refusal: you applied to the court on this issue or you applied to antimonopoly authorities. If you are not satisfied with the decision, the law provides the right to appeal against it within three months to the commercial court.

The responsibility of the customer arises in cases of untimely or even lack of information about the planned procurement. The companies will face fines ranging from 100 to 300 thousand rubles and officials from 30 to 50 thousand rubles for unpublished information in the Unified Information System (UIS).

A company that FAS have included in the register of unscrupulous suppliers is entitled to appeal against the decision of FAS to the commercial court. The deadline for appealing such decisions is 3 months from the day FAS adopted the decision. Appeal against the decision of FAS depends on the location of the OFAS or FAS. For example, if it was OFAS in Moscow that adopted the disputed decision, then you need to appeal the decision to the Moscow Arbitrazh Court.