Tender procedure and rules. How to conduct tenders: step-by-step instructions

Statements of claim for invalidation of transactions: specifics of legal regulation. Grounds for filing an application with the court. Termination of an invalid contract. Consideration in court of a case on recognition of transactions/agreements as invalid.

Reasons for filing

Deal– these are any actions that lead to the termination, emergence and change of relations regulated by the rules of law. The transaction can be either unilateral (drawing up a will) or multilateral (drawing up a contract).

— appeal to the court of first instance in order to declare transactions/agreements invalid, that is, not creating consequences for the participants in the legal relationship.

Invalid transactions can be divided into:

• invalid transactions that were recognized as such by the court ( voidable transactions);
• invalid transactions that cannot create legal consequences from the moment of conclusion ( insignificant transactions).

Voidable transactions

According to the norms of the civil code, voidable transactions give rise to legal consequences for the parties to the agreement/transaction, and until the judge recognizes them as voidable in his decision, all parties must comply with their terms.

Bring claims to declare transactions voidable may be a person whose rights or legitimate interests were violated by transactions (for example, a party to an employment contract), if the law does not specify a specific circle of persons to challenge.

Civil legislation identifies such forms of voidable transactions as:

• a transaction/agreement that violates the requirements of a regulatory legal act;
• a transaction/agreement entered into by an organization that contradicts the goals of its activities;
• a transaction/agreement that a person enters into without the consent of third parties, if the law requires such consent to be obtained;
• a transaction/agreement that is carried out by a person to the detriment of the interests represented by him or her as a legal entity;
• a transaction/agreement entered into by a person aged 14 to 18 years;
• a transaction/agreement made by a legally capable individual who, at the time of the commission, was in a state that did not allow him to direct his actions (for example, alcohol intoxication);
• transaction/agreement made under material misconception;
• a transaction/agreement that was concluded after threats, violence, deception;
• enslaving transaction/agreement - a transaction the completion of which is forced by unfavorable consequences (for example, a loan agreement with an excessively inflated interest rate established due to the fact that the bank manager is aware of the emergency need for funds of the loan recipient).

Insignificant transactions

A party to the transaction and another person, if specified by law, can bring a claim to recognize the nullity of a transaction and apply the consequences of the nullity of the transaction.

Void transactions can exist in the following forms:

• transactions/agreements that infringe on public interests (agreement for the sale and purchase of prohibited weapons);
• a transaction/agreement that is recognized by the state as directed against the foundations of morality and the foundations of order in the state (this basis is not popular, since we are talking about evaluative concepts, and therefore the courts in their explanations indicate what constitutes such a violation);
• an imaginary transaction/agreement is a transaction that does not pursue the statutory purpose of conclusion (for example, before an upcoming bankruptcy, the head of an enterprise sells property to his relative at a price below the market price so that the property is not included in the bankruptcy estate);
• a sham transaction/agreement is a transaction that a person makes in order to cover up another transaction (for example, an agreement was concluded to donate a house under the condition of providing a car in return), so the exchange agreement was disguised as a gift agreement);
• transaction/agreement made by an incapacitated person with a mental disorder;
• transaction/agreement made by a minor (a person under 14 years of age entered into a land lease agreement);
• a transaction/agreement that is made with property in the presence of a prohibition arising from the law (for example, a prohibition to dispose of property when introducing bankruptcy procedures).

Jurisdiction

Claims to invalidate transactions must be filed with district courts and sometimes in cases where the matter concerns a property dispute involving no more than 50,000 rubles.

Territorial jurisdiction has variations:

• as a general rule, the claim is sent to the location and place of residence of the defendants;
• plaintiffs can send a statement of claim either to the location of the defendants’ property, or to their last place of residence if their place of residence is unknown or their place of residence is located abroad of the Russian Federation;
• plaintiffs must file an appeal exclusively in the court to which they are required to file an application by law (for example, claims against carriers can only be filed in the courts at the location of the carrier).

State duty

The amount of state duty is determined by tax legislation as a percentage of the price of the claim or as a fixed amount added to the percentage of the price of the claim in the event that there is a dispute (for example, invalidation of an assignment agreement).

Statute of limitations

The statute of limitations for claims is the period of time during which a person can protect his right in court:

1. So that a person can submit applications on the application of the consequences of a void transaction, the civil code establishes a period at three years old, which runs from the day when execution of the transaction begins or from the day when a person not participating in the transaction/agreement learned about the beginning of its execution. For such requirements, the statute of limitations cannot exceed ten years.
2. To file a claim on recognition of voidable transactions invalid in the civil code a period is established one year, which runs from the day the threat or violence that facilitated the transactions ceased or from the day the plaintiff learned of the existence of grounds for invalidating the transactions.

How to draw up a statement of claim for termination of a contract

The internal structure (structure) of a statement of claim for termination of a contract/transaction, which is recognized as voidable, is a logically consistent expression of the content of this statement of claim.

All claims consist of three elements:

1. Introduction.
2. Descriptive part.
3. Resolution (petition) part.

Introduction

• The statement of claim begins with a brief introduction, which contains basic information about the court and the participants in the case.
• Traditionally, the “header” is located in the upper right or left corner of statements of claim. It contains information about the court ( "To the Kuibyshevsky District Court" and address), then - information about the plaintiff and his representative, then - information about the defendant and the price of the claim.
• After entering the statement of claim in the center, you must write the name of the claim (claim to invalidate the annuity agreement).

Descriptive part

• The descriptive part must reflect all legally significant circumstances on the basis of which the court should declare the transaction invalid. It is better to present the factual circumstances, while simultaneously referring to the rules of law that govern these circumstances.
• It is imperative to indicate the date of conclusion of the voidable transaction, the circumstances associated with the conclusion of the transactions and the grounds for invalidating the transaction.

Petition part

In the final part of the claim, the plaintiff formulates his demand to the court and draws up a list of attachments. This list must include all possible evidence that supports the text of the statement of claim.

Often such evidence is:

• contracts that are expected to be challenged;
• evidence of execution of transactions (for example, bank statements about the transfer of funds to the defendant by the plaintiff);
• personal correspondence;
• witness statements;
• expert opinions, etc.

Sample 2019

Filing a lawsuit to declare the transaction invalid

The plaintiff may submit an application in the following ways:

• personally;
• with the help of a representative;
• Via email

The plaintiff must bring his statement of claim to the office, where he is given a mark with the date of filing the application. This mark is evidence that the plaintiff filed a claim within a certain period.
When submitting The original of the paid state fee must be attached to the application., unless the law exempts the person from paying.

Counterclaim

In legal practice, cases often arise when a statement declaring transactions invalid is. This is permissible if the counterclaim and the original one are closely related, and the court believes that parallel consideration will speed up the process and allow the most appropriate examination of all the circumstances of the case.

In accordance with the rules of procedural codes, the judge accepts such a claim if the satisfaction of the counterclaim excludes the satisfaction of the initial one (for example, the plaintiff filed a statement of claim in order to collect the debt under the contract, and the defendants file counterclaims to invalidate the contracts).

Consequences

1. After declaring the contract invalid, the court obliges the parties to return everything that the parties received under the contract or to compensate for the cost of the thing in cases where it is not possible to return what was received in kind.
2. Additionally, the court may order the parties to pay damages if it finds that they acted in bad faith. In transactions in which one of the parties acted in bad faith, the court can return funds only to the party that acted in good faith (for example, transactions under the influence of a threat).
3. It is also possible not to apply the return of the parties to the agreement to their original state and the return to the income of the Russian Federation of everything received under the transaction. This is due to transactions that harm the interests of the Russian Federation. For example, a transaction with a purpose that is directed against the foundations of legal order and morality, if both parties to the contract had the intention to complete the transaction.

Video: Consultation with a specialist

Participation in a tender involves many difficulties and subtleties. This should be taken into account when filling out the application and the necessary. You need to understand the basic rules of tenders and be an experienced player in this market.

Tender is a competitive selection of a contractor to provide services, perform work or supply goods, in accordance with the requirements and conditions of the customer and within a specific time frame.

Any organization can participate in the tender. The customer puts forward certain criteria for tender participants. This information is provided in the form of a document that contains the following items:

• under what conditions are participant applications accepted?
• When is the competition held and proposals considered?
• with the winner of the tender
• Is there tender security and its size?

Anyone can take part in the competition. To do this, prepare the necessary documents, a tender proposal and fill out an application for execution of the order.

To successfully participate in tenders, you must follow a number of rules:

1. It is necessary to strictly adhere to all the rules and conditions of the competition.
2. Each applicant must strictly follow the customer's requirements.
3. The submitted application indicates that, having won, the participant is ready to fulfill the terms of the contract.
4. A well-written application is the first step to success, because... the presence of an error may cause refusal to accept it.
5. The tender application must be submitted within a clearly defined time frame, otherwise refusal is guaranteed.
6. Any change in applications, as well as cancellation of the tender, can be made before the end of the application deadline.
7. Participants in the selection fully bear the costs associated with the competition.
8. classified information that is not subject to disclosure, this also applies to information about the consideration of tender applications.

In addition, a number of federal laws regulate the basic rules for conducting tenders. Both organizers and participants of competitions are required to adhere to these rules.

Instructions for participation in tenders

Tenders provide an opportunity for small companies to express themselves and receive interesting cooperation offers. And the customer receives a large number of applications from potential contractors, and can choose the most advantageous offer.

The following types of tenders are distinguished:

• open
• closed
• specialized tenders with limited participation
• request for quotation

Open tenders

The main characteristic of open tenders is that any organization can take part in the competition. Information about such auctions is posted in the public domain. As a rule, this type of tender is used for public procurement. Provided there is free access to bidding requirements, a very large number of applications are received, which makes it possible to choose the company that offers the maximum cooperation.

Applications for participation in the competition must be completed and meet the requirements put forward by the customer. The prepared package of documents is sent by registered mail or delivered in person to the specified address.

You can only submit your application once. However, the information contained therein must remain confidential until the start of trading. The customer stipulates the deadlines, after which the envelopes with applications are opened and the contractor is selected.

Closed tenders

If the auction is organized as a closed tender, then only a certain circle of invited persons who have been selected in advance by the auction organizer can take part in it. Often, people take part in such auctions.

At the first stage of a closed tender, an invitation to participate in the tender is sent to selected participants. If the participant accepts such an invitation, the customer provides him with tender documentation. After receiving it, the participant begins to prepare the necessary documents following the customer’s requirements.

If the customer makes any adjustments to the tender requirements, he must promptly notify each bidder.

After all offers have been received, the customer gets acquainted with their contents and selects the most advantageous offers. A contract is concluded with the winning contractor, after which the remaining participants are notified of the closure of the auction.

A closed competition is held in cases where the customer is interested in purchasing goods with specific characteristics, the supply of which is carried out by a small number of enterprises. This tender is also applicable for small volumes of purchases.

Closed auctions include:

• relatively low financial costs compared to an open tender
• absolute confidentiality
• short deadlines for selecting a performer

It is worth noting that the holding of a closed tender must be coordinated with government authorities.

Specialized tenders with limited participation

A tender with limited participation imposes certain requirements on participants: having certain clearances, belonging to certain states, etc. Such procurements are applicable in cases where the work requires a specialized approach and is characterized by certain difficulties, and they can be offered to a small number of participants. In such tenders, as well as in a closed tender, invited pre-selected participants take part in the competition.

Request for quotation

Requesting quotations involves selecting a supplier to purchase products with similar characteristics. The purpose of such a tender is with the lowest price.

By organizing a tender, the customer requests a price for a specific product. Suppliers indicate in the quotation the price for which they are willing to supply a specific product. The price is announced once and cannot be changed.

After determining the best price, the customer sends an invitation to the winning bidder for negotiations with further signing of the contract. If the negotiations are successful, the customer notifies the remaining suppliers who took part in the tender about the closure of the competition.

Electronic auction

When conducting electronic auctions, information about them is posted on electronic trading platforms. The main requirement for participants is on such platforms. Participants send electronic applications with the necessary documents for participation in the tender to the operator of the trading platform. He, in turn, redirects applications to the customer within one business day from the moment the documents are received.

Dangerous myths

There are common myths about tenders in the business world, due to which many companies lose money because... do not risk taking part in the auction. Knowing about them, it is easier to decide whether to participate in the tender and correctly calculate your strength.

The first myth is that all tenders are custom-made. There is an opinion that many customers create their orders by prior agreement. Having received a bribe from an interested supplier, the customer announces a tender, which is essentially formal in nature, because the performer has long been known, and others will not be able to win the tender. This is not entirely true. Although there is still a certain percentage of purchased tenders. In such cases, the customer will put forward conditions and requirements that only a specific contractor can satisfy. Therefore, with a detailed study of the order requirements and other documents, custom tenders can be easily calculated. It is necessary to pay special attention to the size of the transaction. Most often, large multi-million dollar orders are paid for.

The opinion that a tender is held for work completed is the second common myth. Quite often there may be situations where the work has been completed first, and then a tender is held. To avoid getting into such situations, carefully study the conditions put forward by the customer. And you need to remember that the likelihood that tenders with expensive orders were created for the work performed is very high.

The third myth is that it cannot successfully participate in tenders. In other words, only large and famous companies win tenders. By participating in the tender, the participant incurs certain financial expenses. But if suitable orders are found, these costs will be reimbursed. Do not forget that the more serious the order, the more stringent the requirements are put forward to the participants. However, representatives of small businesses can successfully participate in tenders with small order amounts, or participate in electronic competitions.

Psychological techniques

The surest path to success is communication with clients. There are some psychological techniques that should be used to participate and win tenders:

1. Experienced players advise that the first thing in a conversation with a customer is to identify his problem, consider it from different points of view and propose solutions.
2. Study available information about the customer company. Talk to those who worked with her. This will give you the opportunity to understand the important aspects for the customer. They are also worth including in your tender application.
3. Provide the tender committee with a list of your customers. This will show your competence in solving any problems.
4. The list of achievements best characterizes you as a qualified specialist.
5. Many customers are interested in what benefits you can bring to them and in what way. And only then they pay attention to professionalism in business.
6. Provide guarantees. This will show that you can be trusted.
7. Take part in tenders more often, and even if luck is not always on your side, do not give up. You need to believe in success and then everything will definitely work out.

There are different types of tenders, and each of them has its own rules and nuances. Having understood the basic rules of tendering, any company will be able to correctly and correctly fulfill customer requirements.

To successfully participate in any tenders, soberly assess your financial capabilities. Please remember that your application for participation in the competition must be completed correctly. in your application will attract the customer’s attention to you as a reliable contractor. And most importantly, the more often you take part in tenders, the more experience you will gain, which means your chances of winning a tender will only increase.

Write your question in the form below

Every company that purchases goods and services on the market tries to minimize the risks of choosing a low-quality product/service and to obtain the product/service with maximum benefit, i.e. the best price/quality ratio. Today, many companies, especially large ones, have regulated procurement procedures as strictly as possible, formalizing several types of tender procedures.

Here are three of them:

I would like to draw attention to the fact that the last type of tenders, in which the determining factor is solely price, in our opinion, is applicable to standardized goods, i.e. to goods whose properties are predetermined by DSTU (GOST). And it is not very correct to apply the procedure of such a tender, for example, to the development of websites.

Firstly, even with the same initial brief, all future performers see the project differently, and you actually choose those whose experience or vision most appeals to you.

Secondly, although you ultimately buy a finished product in the form of a website, you also buy a project/service for its development and implementation, which is akin to a consulting project. In this case, you first of all choose the supplier company, and not the specification and cost.

Looking at the many approaches and procedures that companies come up with when choosing a web development service provider, we have compiled certain recommendations on how to organize the tender procedure.

All software and design solutions that a company creates for placement on the Internet are part of its overall communication with consumers, partners, investors and other audiences.

Therefore, at the stage of choosing a contractor, it is advisable to clearly understand what specialization of the contractor company you need at this stage of the development of Internet communication.

Preliminary stage

Choosing a typology of a contractor company. Today on the market are:

It is advisable to assign tasks to agencies in accordance with their specialization. It is, of course, permissible to assign a complex task to one performer. Examples:

A) Conducting a prize draw for buyers of the brand, with the activation of promotional codes from the packages. In this case, the task of creating a mini-promotional site for such a draw can be entrusted to a digital agency.

B) Conducting a media campaign on the Internet. In this case, the development of banners can be entrusted to an online media agency.

In any case, when choosing a contractor and engaging a subcontractor, it is advisable for you to know the entire chain, on the one hand, and on the other hand, in complex tasks, divide the project into two stages and involve a specialized agency.

If, as part of a tender, you involve agencies/companies of different types to solve several problems, you should carefully ensure that the criteria by which you evaluate the work correspond to the specialization of the agency. For example, the choice of a contractor for the production of a promotional website was not tied to the performance indicators of the campaign as a whole.

In the event that you have determined that you need a digital production (web development) company to complete your tasks, we recommend the following tender procedure.

Stage 1. Selection of tender participants

The task of this stage: -select companies that suit you according to two criteria: