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.
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.