ARBITRATION COURT SUPPORTED FAS DECISIONS ON PROVIDING FALSE EVIDENCE OF TECHNICAL FAILURES

Earlier the FAS Commission received complaints from two companies. The petitioners complained about technical problems on the sites that conducted auctions.

FAS found the complaints unjustified due to absence of proper evidence. The petitioners disagreed with the decision of the regulator and filed a lawsuit to the Arbitration Court in order to invalidate decisions of the antimonopoly body.

The FAS Commission is receiving complaints regarding malfunction of electronic trading sites. For instance, the regulator considered two complaints from “DIS” and “Dilan”. Both companies complained about technical failures of “Sberbank-AST” and “RTS-Tender”, presenting screenshots and video-records accordingly.

Deputy Head of FAS Department for Control over Construction and Natural Resources, Oksana Malaya, said: “Based on the evidence submitted by claimants, it is not possible to reach a conclusion that technical interruptions on the day of tenders happed were caused by of e-site operators. Evidentiary base is necessary to reliably ascertain that failure happened exactly through the fault of the site owners”.

According to Oleg Korneev, Head of FAS Department for Control over Construction and Natural Resources, the “Independent Registrar” makes video-recording of participation in tenders.

“Such video-recording presented to the FAS Commission can become undeniable evidence of technical failures on sites where tendering is organized”, summed up Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev.