ISSUES OF THE LEGAL REGULATION OF ENERGY COMPANIES DURING COMPETITIVE PROCUREMENT
As per Federal Law No. 223-ФЗ “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities” dated July 18, 2011, energy companies may conduct procurement in accordance with the Procurement Regulation approved by the Customer. This Regulation shall comply with the basic principles of procurement activities, such as equality and fairness. The Procurement Regulation shall not contain any provisions limiting access to the bidding procedures, inter alia, by establishing unreasonable requirements for the bidders. As per the Code of Administrative Offenses and Federal Law No. 135-ФЗ “On Competition Protection” dated July 26, 2006, any bidder is entitled to seek legal redress for the violation of its interests, if it believes that anti-competitive practices are being used. However, in consideration of such disputes, it is essential to balance the interests, so that, by observing the interests of the bidders, the customers could exercise their right to receive high-quality deliverables, as well as apply one of the statutory principles aimed at the implementation of measures necessary to cut the customer’s costs.