Register of Unfair Suppliers in Russia and Belarus: A Comparative Legal Analysis

This paper presents a comprehensive comparative legal analysis of the institution of the Register of Unfair Suppliers (Reestr nedobrosovestnykh postavshchikov (RNP)) in Russia and Belarus within the context of the law of the Eurasian Economic Union. The study reveals that despite the public-law nature of the sanctions associated with inclusion in the RNP, the grounds for their application arise from the private-law conduct of the supplier during the conclusion or performance of a public procurement contract. The authors analyze in detail the legal nature of the RNP, the procedures for inclusion and exclusion from the register, the criteria for assessing the supplier’s guilt, and current judicial practice in both countries. Particular attention is given to the problem of proportionality of the application of this measure of responsibility and differences in approaches to withdrawal from the register. In Russia, there is no possibility of withdrawal from the RNP, which creates more stringent conditions for suppliers, while in Belarus there are various grounds for withdrawal, including cases involving domestic manufacturers and situations related to the affiliation of participants. The authors propose measures to improve the legislation of both states, including differentiation of terms of stay in the RNP, the development of withdrawal mechanisms, the formation of a positive register of bona fide suppliers and the harmonization of approaches to the management of RNP within the EAEU. The implementation of these proposals will ensure a balance between public interests and the rights of procurement participants, taking into account the principles of fairness, proportionality and individualization of responsibility.

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