Grounds for inclusion in the RNP: a complete analysis with examples of law enforcement practice

Why is it important to understand the grounds for inclusion in the RNP?

Most disputes related to the Register of Unfair Suppliers (RUS) arise not because of the business's malicious intent, but because of a misunderstanding of the grounds for inclusion.

In the company's practice:

they underestimate formal requirements;
they confuse a civil dispute with a regulatory risk;
they believe that "if there were reasons," the RNP is not in danger.

This is a key error.

The RNP is about evaluating the supplier's behavior rather than finding a culprit.

1. Regulatory basis for inclusion in the National Register of Pharmaceuticals

The grounds for inclusion in the RNP are specified in:

Federal Law No. 44-FZ;
Federal Law No. 223-FZ;
bylaws and law enforcement practices.

The decision to include is made by the Federal Antimonopoly Service (its territorial bodies).

Fundamentally important:

The FAS does not resolve civil disputes — it evaluates the good faith of the supplier's behavior.

2. Basic grounds for inclusion in the RNP

Table 1. Key reasons for inclusion

Footing	Point	Comment
Avoiding entering into a contract	The contract was not signed on time	Most common foundation
Failure to provide security	Money / guarantee not paid	Even when ready to execute
Significant violation of the terms and conditions	Failure to meet deadlines, volumes	Often in construction and the fuel and energy sector
Customer's unilateral refusal	Recognized as legitimate	Recognized as legitimate

3. Contract avoidance: the most dangerous category

What FAS considers evasion

Situation	FAS assessment
The contract was not signed on time	❌ Evasion
The document was not uploaded to the Unified Information System	❌ Evasion
Problems with the item instance	❌ RNP risk
Technical failures without fixing them	❌

Conclusion:
Even if there is no intention to evade, a formal missed deadline may be sufficient for the RNP.

4. Failure to provide security: a formality with serious consequences

Ensuring the execution of a contract is one of the most "rigid" elements.

Таблица 2. Типовые ошибки с обеспечение

Mistake	Consequence
Late payment	RNP
Invalid amount	RNP
Error in banking details	RNP
Refusal of the bank's guarantee	RNP risk

The FAS usually does not evaluate the reasons if the security is not provided properly.

5. Significant breach of contract terms

What is considered a significant violation

Violation	Comment
Failure to meet deadlines	Even with partial execution
Non-fulfillment of the volume	Especially critical
Poor quality	Confirmed by expert examination
Unauthorized subcontracting	Common Error

Important:

Even objective difficulties (logistics, sanctions, suppliers) do not automatically exempt you from the risk of RNP if they have not been correctly recorded.

6. Unilateral cancellation by the customer as a way to enter the RNP

Schema (decision logic)

Breach of contract

↓

Customer's Notification

↓

Unilateral refusal

↓

Customer's request to the Federal Antimonopoly Service

↓

Supplier integrity assessment

↓

(Inclusion / exclusion from the RNP)

The key point is the supplier's position before the rejection, not after.

7. Formal and factual grounds: what is the key difference?

Table 3. How the FAS views the case

Criteria	Meaning
Formal violation	Enough to start the procedure
Vendor behavior	Key factor
Documentation	Critical
Execution attempts	Execution attempts
Silence	Against the supplier

8. A typical business mistake

❌ Error:
"We had objective reasons, and the court will investigate."

✔ Reality:
FAS evaluates not the reasons, but the actions and their recording.

9. Practical conclusion

Reasons for being included in the RNP:

formal by design;
tough on consequences;
they are sensitive to the vendor's behavior.

👉 Most of the RNP cases could have been prevented if the protection had started before the conflict.

How can YANG CONSULT help you?

YANG CONSULT accompanies business:

at the risk of being included in the RNP;
at the stage of unilateral refusal of the customer;
when preparing a position for the Federal Antimonopoly Service;
when challenging the decisions of the regulator.

We work proactively by building the legal and GR position of the business.

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

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