OREANDA-NEWS. On July 15, 2008 the Moscow Arbitration Court dismissed the claim of "Stroi remont company" Ltd. and confirmed validity of the decision and determinations issued by the Federal Antimonopoly Service (FAS Russia) to the Ministry of Defense of the Russian Federation, reported the press-centre of FAS Russia.

Earlier FAS Russia recognized that the Ministry of Defense of the Russian Federation violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services" and issued a determination to eliminate the violations.

The case was initiated upon a petition of "Alliance - Service" Ltd. The Petitioner stated that the Ministry had violated the law in the competitive tender for the maintenance works on the railway tracks to the objects of the Ministry of Defense of the Russian Federation in the Moscow Military District, that are not in general use.

The Ministry of Defense of the Russian Federation set the requirements that the bidders must present information on calculating the cost of works on all items of expenditures, specifying the number of staff, engaged in the works, and name and quantity of materials planned for packing-up. The Antimonopoly Service established that such requirements were illegitimate and contravened the Federal Law "On State Procurement…".

Furthermore, in the tender documentation the Ministry of Defense failed to set the requirements of quality and technical specification for the works that were the object of the competitive tender, which violated Part 2 Article 22 of the Law.

Having considered the case, FAS Russia issued a determination to the Ministry to eliminate the violations of the Federal Law "On State Procurement…".

However, the winner of the tender - "Stroi remont company" Ltd. - petitioned the Court to recognize the FAS Russia's decision and determination invalid.

The company claimed that FAS Russia had violated procedural rules examining the petition of "Alliance - Service" Ltd. and applied the norms of substantive law incorrectly.

The Court confirmed the rightness of FAS Russia by dismissing the claim of "Stroi remont company" Ltd.