After you have decided what you will appeal and who the complaint will be made against, you need to draw up the document itself.

To do this, you can download the complaint template to the FAS, posted on the official website of the Federal antimonopoly service fas.gov.ru. or download the complaint form on our website. It is also recommended to go to the section Register of complaints on the official website of the Russian Federation for public procurement zakupki.gov.ru.

Having familiarized yourself with the complaints considered and being considered from the participants in electronic trading, it will be easier to file your complaint with the FAS. Sometimes in this section you will find a complaint similar to yours, since most of the violations are very similar and could have been complained by someone else.

You can even see the decisions and instructions of the FAS on this complaint. In this case, the work is greatly simplified. Then you can start working on your document.

Article 105 of the Federal Law-44 contains all the information that should be contained in the complaint, namely:

• Name, location, postal address, contact phone number of the customer, authorized body, specialized organization, operator of the electronic site (if such information is available), last names, first names, patronymics of the members of the tender, auction or quotation commission, whose actions (inaction) are subject to appeal. All of the above data is available in the documentation information card, notice or protocol.
• Name, information about the location (for a legal entity), last name, first name, patronymic, information about the place of residence (for individual) the participant in the placement of the order who filed the complaint, postal address, e-mail address, contact telephone number, fax number. It should be noted that the absence of an e-mail address may serve as a reason for refusing to consider a complaint to the FAS.
• An indication of the order being placed, with the exception of cases of appealing against the actions (inaction) of the operator of the electronic trading platform related to the accreditation of the participant in placing an order on the site. In this paragraph, you must indicate the number of the notice, the name of the order, where and when it was placed.
• Indication of actions (inaction) of the customer, an authorized body, a specialized organization, an operator of an electronic site, a tender, auction or quotation commission, the arguments of the complaint. In this paragraph, it is necessary to state those points that were violated, and in the arguments of the complaint, indicate those documents or points of documentation that contradict the law and confirm the fault of the Customer, MA, SO, site operator, etc. The complaint must contain a complete list of documents confirming the validity of the arguments of the complaint.

The complaint to the FAS must be signed and sealed (if any). The complaint filed by the representative of the procurement participant must be accompanied by a power of attorney or other document confirming his authority to sign the complaint.

The complaint to the FAS must be attached and listed in the annex all the documents to which you refer in the arguments of the complaint.

You will need

• - data about the enterprise and the head;
• - TIN number;
• - documents confirming the violation of your rights;
• - computer;
• - Internet connection;
• - Printer;
• - envelope.

Instruction

Determine whether the reason for filing a complaint with the Federal Antimonopoly Service is sufficiently substantiated Russian Federation. Such a reason may be, for example, an unlawful decision taken when summing up the results of a state, regional or municipal competition. A good enough reason is the obstacles placed on your firm by government agencies or natural monopolies. FAS has fairly large powers, including in terms of organizing tax audits.

If you are going to send complaint by regular mail, determine exactly which tax authority it needs to be sent to. Address your appeal to a higher tax authority. That is, if you write complaint on the action or inaction of the municipal committee on public procurement - send an appeal to the regional inspection, etc.

Write a title. The document is called "Complaint against the action (inaction) of an official." Just below write the outgoing number and date, then the addressee, that is FAS Russia.

Write information about yourself or your organization. Specify the full name of the legal entity, the data of its head or the surname, name and patronymic of an individual entrepreneur. Write the full legal address, phone number, email address. Enter TIN.

State the nature of the complaint. The reason for writing it may be misconduct official or government agency and their inaction. In the latter case, this may be, for example, deliberate delay in the tender, failure to provide tender documentation, etc. Indicate the details of the person or organization whose actions you are dissatisfied with. Any complaint must be substantiated. You need to refer to the relevant paragraphs of the regulation.

The complaint will look more weighty if it is backed up with copies of documents. These may be the conditions of the tender, the decision of the tender commission, the conclusions of the supervisory authorities. This may include certified copies. Make a list of them and place them under the text, designating them as "Attachments". Assure complaint the signature of the individual entrepreneur or the head of the enterprise and the seal. Send complaint Can by registered mail by mail, courier or in person. FAS must register your complaint within three days of receipt.

If your appeal is not related to public procurement, FAS can be contacted by email or through the website. There is a special form. Fill in the fields correctly. They include last name, first name, patronymic, address, index. Write the title of the message. A little lower is the form itself, intended for text. If you decide to use email, the address of which is indicated on the site FAS, scan the attached documents first. Consider your complaint must within 30 days. The deadline may be extended if additional checks are required. After that, you will receive a message about the satisfaction of the complaint or a reasoned refusal.

Today, the Internet allows you to realize any idea - from the purchase of goods, ending with the preparation of various documents. At first, having set this goal, many are faced with the proposals of all sorts of companies that provide such services. Basically, legal and other companies will help to file a complaint. Of course, this will be paid, and the price is rather big, as a rule, it ranges from three to five thousand rubles.

But, as practice shows, it is possible to file a complaint with the FAS on your own. It's completely easy. The main thing is to know the order and features of its compilation. It can also be done electronically.

What does FAS do?

This abbreviation is deciphered as the Federal Antimonopoly Service. Her main job is to oversee the correct execution of various purchases. They can be either public or private. It happens that the customer, not knowing the law, does not comply with it. But there are also options when he deliberately carries out such actions.

In the event of violations of the established procedure, one of the parties may file a complaint with this service. The latter undertakes to conduct investigations and take punitive measures. Also, do not forget that this complaint can become a reason for proceedings in court.

Reasons for applying

There are many reasons for such a complaint. All of them are under the strict control of local authorities. The most common include these:

• Refusal to place information about the procurement in the relevant database. You should also make all the changes made there. This placement must be done in a timely manner. Otherwise, the change in terms will be considered as a violation;
• the absence of the participants of the procedure required documents that provides for the purchase;
• procurement of not only goods, but also services, works and other things;
• placement of false information in the procurement database. It may relate to various issues.

How is the filing

To file a complaint electronically, you must follow the basic steps of this process. They are the procedure for this procedure and must be strictly followed. So, the first thing to start with is to determine the subject of the appeal. Also determine how appropriate it is to send it for consideration to the regulatory authority. Then study the position 44-F3. This information is very important, it must be mastered in order to fulfill the plan correctly and get the desired result.

Drawing up a complaint in electronic form today is not classified information. It is easy to find a sample on special sites. Using this template, you can make your complaint, which will be suitable for your individual case. To do this, download it to a personal computer, study and make changes in the same way as in the example.

At the same time, an important point is that it must be drawn up strictly in accordance with the requirements of the law. If this is not met, then the document will not be considered. This will be explained simply: the form of compilation is violated, and it is not valid.

After the complaint is made, it will be necessary to establish where it will be accepted. Each locality has its own FAS department. Therefore, there is no need to go directly to the central office, which is located in Moscow, to submit this document.

The next step is to determine the application form. It may be in writing or electronically. The first option is just right to bring in person or send by registered mail, but the second one is via the Internet. In this case, it is better to personally call to clarify the documentation number, which is a guarantee that it has been received and recorded. Since there are cases when it failed, and the complaint was simply lost without reaching the addressee.

There is another, no less important point in this process - this is the deadline for filing a complaint. They are strictly established and must be observed. You can appeal the actions of one of the parties at any time from the moment the information is posted in the procurement database. But there is a small limitation. This application is accepted no later than ten days from the date of placement of the purchase. After this period, it is possible to consider the complaint only in court.

Features of making a complaint

There are several points that are basic in the preparation of such a document. So, it should include the details of who is being considered as the complained person. The name of this organization or personal data, contacts is also provided. You must indicate who filed the complaint. Name of the organization or data of an individual, contacts by which you can contact him.

The subsequent information of the complaint relates directly to the purchase. It is provided in the form of the name of the order, the site where the trade is carried out or it is placed. Then provides the main text. It consists of a description of the violation that was performed. Thus, the contested action is fixed.

If one of the points is not fulfilled or it is not done correctly, then the supervisory authority may refuse to consider the complaint. And it would be perfectly legitimate.

There are several requirements for the design of the finished document. Depending on the form of submission, they are different. So, for the electronic version, approval of the electronic digital signature. It is obtained only in the prescribed manner. Also, do not ignore the moment that a copy of the complaint is sent to the person who fell under the appeal procedure. This will notify him of the initiated case, in which he is directly involved.

Electronic form of filing a complaint: where to find

The most reliable information on this issue is only on the official website of the Federal Antimonopoly Service, as it is regularly updated when new changes are introduced. No other information portal can boast of this.

Finding a sample complaint is easy. Once on the site, you need to select the word "contacts" at the top. In it, from the list that appears - “appeal”. After that, a window with samples of various applications will appear. Select the requirements for the deadlines and filing a complaint. First will appear general information relatively this issue. Experts recommend to study it. This will help you avoid mistakes when making this document. At the bottom of this window there will be a sample complaint directly.

This information is free. Therefore, access to it is not limited and is performed by anyone and completely free of charge.

A complaint can be filed not only at the location of the injured person, but also at the location of the complained person. So, you will need to go to the website of this service in the region where the customer operates or is registered. To do this, open the territorial bodies on the official portal. There will be a complete list of services throughout Russia. It selects what you need. Further, the procedure is carried out according to the general principle, which is described above.

Application review period

Consideration of the application takes place in accordance with established legislation. This period is up to seven working days from the moment the application was recorded in the organization. But there are times when the information that is provided is not enough to open a case. Then the consideration period can be extended by seven days. But this procedure can be carried out only once.

Of course, filing a complaint electronically is a responsible job. It requires a careful and thoughtful approach. Sometimes it is advisable to entrust its implementation to a specialist, but such cases are few. As practice shows, this is quite within the power of everyone. It all depends on how you approach the task at hand.