The procedure for inclusion in the register of prohibited transactions: step by step, from the customer to the FAS commission

Why understanding the RNP procedure is critical for business protection

Most suppliers lose their cases for inclusion in the Register of Unfair Suppliers (RUS) not because:

they have a weak legal position,
the violation was critical, but because they don't understand the procedure itself, they start acting too late.

RPA is a strictly regulated process, and at each stage, the supplier has (or no longer has) the ability to protect itself.

1. Who initiates the procedure for inclusion in the RNP?

The procedure always starts not with the FAS, but with the customer.

Table 1. Reasons for the Customer's Appeal to the FAS

Footing	Point
Avoiding signing a contract	The winner did not complete the procedure
Significant violation of the terms and conditions	The customer has terminated the contract
Customer's unilateral refusal	Recognized as legitimate
Failure to provide security	Formal basis

The customer is obliged to send the materials to the regulator — this is not a right, but a duty.

2. Creating a package of documents by the customer

Table 2. What the customer submits to the FAS

Document	Meaning
Contract / draft contract	Base for evaluation
Correspondence with the supplier	Behavior Analysis
Act / notification	Fixing a violation
Proof of deadlines	Formal control
Justification for refusal	Key element

Important:
The FAS considers the case based on the package that the customer has formed.

The FAS considers the case based on the package that the customer has formed.

3. Initiating a case and notifying the supplier

After receiving the materials:

FAS registers the request;
appoints a review;
sends a notification to the supplier.

Table 3. Key supplier errors at this stage

Mistake	Consequence
Ignore notifications	Loss of position
No written objections	FAS ' Formal approach
Failure to prepare evidence	RNP
Awaiting trial	Lost time

This stage is the last real opportunity to influence the outcome without a trial.

4. Preparing for the FAS Commission: What is Really Important

The issue of the RNP is being considered at a meeting of the commission Federal Antimonopoly Service.

Table 4. What the FAS Commission Evaluates

Criteria	Meaning
Fact of violation	Formal base
Vendor behavior	Key factor
Good faith	Defining event
Documentation	Critical
Execution attempts	In favor of the supplier

The Commission does not analyze business logic, it evaluates the model of behavior.

5. How does the FAS Commission meeting proceed?

Scheme 1. Case Review Logic

FAS Report

↓

Customer's position

↓

Supplier's explanations

↓

Commission questions

↓

Integrity assessment

↓

Decision

❌ Error:
rely on "oral explanations without documents".

6. Possible decisions of the FAS Commission

See Table 5. Review results

Decision	Consequence
Inclusion in the RNP	Restrictions up to 2 years
Refusal to enable it	Business protection
Return of materials	Rare, but possible

Inclusion may be denied if the supplier's integrity is proven.

7. What to do after the FAS decision

Table 6. Vendor options

Situation	Actions
Refusal to enable it	Fixing the result
Inclusion in the RNP	Analysis + Trial
Procedural violations	Appeal
Formal approach	Strengthening your position

Important:
the court evaluates the already formed position, rather than creating it from scratch.

8. Where does business most often lose the procedure?

Table 7. System errors

Mistake	Result
Missing position	RNP
Late activation of lawyers	RNP
Bet on the court	Loss of time
Ignore FAS	Maximum risk

9. Key conclusion

Procedure for inclusion in the RNP:

formalized;
predictable;
managed with a good strategy.

👉 The strongest positions are formed before the commission meeting, not after.

How can YANG CONSULT help you?

YANG CONSULT accompanies business:

at all stages of the RNP procedure;
when preparing a position for the FAS commission;
in cooperation with the customer and the regulator;
at the subsequent judicial appeal.

We build protection within the procedure, not after the fact.

Contacts: E-mail: info@yangconsult.com, Telegram: @info_YC

Business, government, GR, and judicial practice news — in our Telegram channel: https://t.me/yangconsult

2026-02-02 10:54