Shandieva Nazira O.

The article analyzes some aspects and problems that arise when applying interim measures in the form of suspension of execution of an agreement on disputes on invalidation of tenders within the framework of Federal Law No. 223-FZ dated 07.18.2011 «On Procurement of Goods, Works, services by certain types of legal entities». The author critically assesses the contradictory trends in judicial practice that have developed in the absence of a uniform approach by the courts in the issue of taking interim measures in the form of suspension of contract performance in such disputes and recommends that they be guided by the explanations of the highest judicial authorities, including those set out in the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06.01.2023 No. 15 «On some issues of taking measures by courts to ensure the claim, interim measures and measures of preliminary protection».

The article analyzes the provisions of the Decree of the Government of the Russian Federation dated 03.06.2022 No. 301 «On the grounds for not posting on the official website of the unified information system in the field of procurement of goods, works, and services to meet State and Municipal Needs on the Internet information and telecommunications network information about purchases of goods, works, and services, information about suppliers (contractors, performers), with whom contracts have been concluded» for compliance with part 16 of Article 4 of Law No. 223-FZ «On Procurement of Goods, Works, and Services by Certain Types of Legal Entities», in the implementation of which it was issued, and some legal positions formed by judicial practice and applied by arbitration courts in resolving relevant disputes.

The author draws attention to the presence of contradictions/incorrect formulations in this normative legal act with such a minimal number of legal norms contained in it, which requires the development and adoption of legal response and regulation measures.