OREANDA-NEWS. April 24, 2009. The Supreme Arbitration Court of the Russian Federation dismissed the claim of "Business-Pravo" Law Firm" Ltd. The company filed a lawsuit on invalidating Clause 3.37 of the Administrative Regulations of the Federal Antimonopoly Service (FAS Russia) for executing the governmental function on investigating complaints regarding state and municipal procurement of goods, works and services, reported the press-centre of FAS Russia.

Earlier Business-Pravo" Law Firm" Ltd. petitioned to the Antimonopoly Service on invalidating Clause 3.37 of the Administrative Regulations. FAS Russia processed the company's potion and found the company's arguments ungrounded and dismissed the company's claims.

To execute the governmental function on procurement, control, the Federal Antimonopoly Service approved the Administrative Regulations by its order of 14th November 2007; the Administrative Regulations were registered with the Ministry of Justice of the Russian Federation on 18th October 2007.

Clause 3.37 of the Administrative Regulations enlists the actions aimed at eliminating violations of the procurement legislation, including: withdrawing protocols, drawn up in course of the procurement procedures; introducing amendments to the tender or auction documentation; carrying out the procurement procedures in accordance with the Law on state and municipal procurement.

In general, the Administrative Regulations specify the main types of determination that can be issued by the Central Office of FAS Russia and its regional bodies.

Therefore, there are no grounds for abolishing Clause 3.37 of the Administrative Regulations.

In its lawsuit, Business-Pravo" Law Firm" Ltd. also claims that its rights and legitimate interests were infringed because the Office of the Federal Antimonopoly Service (OFAS Russia) in the Sakha (Yakutia) Republic issued a determination to "RFFI" SGU, at the Government of the Republic, of 19th August 2008 on amending the tender documentation and withdrawing the tender protocols. Business-Pravo" Law Firm" Ltd. won the tender.

Effectively it means that the subject matter of the company's claim is not Clause 3.37 of the Administrative Regulations, but rather the decision and the determination issued by OFAS Russia) in the Sakha (Yakutia) Republic.

Earlier the company appealed the decision and the determination of OFAS Russia in the Sakha (Yakutia) Republic to the Arbitration Court of the Sakha (Yakutia) Republic, the 4th Arbitration Appeal Court and the Federal Arbitration Court of the East Siberia District.

The Courts of all Instances confirmed the rightness of FAS Russia.