Litigation, legal support of Government and Municipal Contractual Work
Since 2005 the Law Firm Aspect has been specializing in serving state clients which includes inter alia public procurement legal support. We possess considerable experience in this unique sphere of legal practice. Our lawyers frequently participate in various public procurement disputes representing both customers and tender participants; they can quickly assess any situation from the perspective of either applying to court or resolving the dispute with the antimonopoly authority.
We do not just study practices of disputes in the sphere of public procurement – we take active part in its formation.
Having considerable practical experience in this field specialists of the Law Firm Aspect participate in seminars and round-table discussions on regular basis and organize trainings and seminars on disputable points of the application of the Federal law № 44-FZ On the Contractual System in the Sphere of Goods, Works and Services Procurement for state and municipal purposes and the Federal Law № 223-FZ On the Procurement of Goods, Works and Services by Different Kinds of Legal Persons
Legal support of tender participants, performers of the contracts:
– legal assistance in drafting documentation to participate in tenders in compliance with the Federal Laws 44-FZ and 223-FZ, in military procurements and other kinds of tenders;
– consulting on the questions of concluding and performing contracts in compliance with the Federal Laws 44-FZ and 223-FZ;
– appealing the actions of tenders’ organizers in antimonopoly authorities and in court;
– defending interests of contract performers in court including cases, when the costumer refuses to perform the contract, accept the completed works or inflicts a penalty for violating the terms.
Consulting the tender organizers:
– analyzing the procurement documentation in terms of compliance with the current legislation;
– drafting and making changes in the procurement documentation;
– optimizing the procurement documentation: working out the requirements to the tender participants and the algorithms of evaluating the applications.
If your rights have been violated when participating in a tender, we are ready to provide comprehensive legal support in protecting your interests in the Antimonopoly Service and commercial court.
Legal protection of tender participants’ rights is effective and justified provided the legal advisers are professional and experienced. The Law Firm Aspect specialists actively participate in resolving relevant disputes in antimonopoly bodies and have a good command of all the specifics of these cases.
– repealing in the Federal Antimonopoly Service the illegal refusal to take part in the tender
– repealing in the Federal Antimonopoly Service the contract conditions contradicting the current legislation;
– repealing the groundless refusal of the Costumer to conclude the contract;
– defending the contract performer’s interests in the Federal Antimonopoly Service when the question on including the information into the Unfair Supplier Register is being considered.
Protecting the rights of tender participants on their way to concluding a contract is one of the most complicated issues as a lot depends on the participants – their ability to timely file and submit all the necessary documentation, to justify their position from the legal point of view and to attract professional and experienced lawyers for the protection of their interests.
The Contractual System Law 44-FZ: conferences, seminars and other events
On 9 October 2014 the Tumen State Duma hosted the V annual law conference of the West-Siberian Law Chamber titled Legislation Novelties 2014: New Rules for the Business.
The Law Firm Aspect managing partner Stepan Mataev presented a report on Controversial Issues in the Application of the Contractual System Law № 44-FZ: First Results, covering the following points: avoiding getting into Unfair Supplier Register when bank guarantee is being suspended, violating contract payment terms, disputable grounds of refusal to conclude a contract, possibility to reduce liability for violating contract obligations etc.
Following the results of the Conference a legislative initiative was introduced to the State Duma to define the exceptions when entering the constitutors in the register – Russian Federation, state authorities etc. and consider the amendments to the Federal Law 44-FZ which shall eliminate the possibility of customer abuse when groundless entering tender participants’ names into the Unfair Supplier Register in the event of unilateral refusal to fulfil the contract.
A related law was drafted by the specialists of the Law Firm Aspect.
On 2 October 2013 the Tumen Region Duma hosted the IV annual law conference of the West-Siberian Law Chamber titled Federal Law “On the Contractual System in the Sphere of Governmental and Municipal Procurements” – Novelties and Ways of Realization.
The managing partner of the Law Firm Aspect Stepan Mataev presented a report Problems of Concluding Governmental and Municipal Contracts. He told in his report about the most actual controversial questions of concluding contracts on the examples of judicial practice in 2013, as well as revealed the ways to solve these questions basing on the new Federal Law On the Contractual System – № 44-FZ
In January 2014 the official periodical of the Commercial court of the West-Siberian District Judicial Practice in Western Siberia published an article of the managing partner of the Law Firm Aspect Stepan Mataev Problems of Concluding Governmental and Municipal Contracts on the Examples of Judicial Practice 2013. Judicial Practice in Western Siberia publishes subject surveys of litigation practice in Commercial court of the West-Siberian District as well as acts of commercial courts and courts of general jurisdiction of the West-Siberian District with analysis and comments.
Specialists in this sphere
Stepan Mataev (Managing Partner)