Challenging inclusion in the RNP in an arbitration court: chances, practice, and defense strategy

Why is the court the second line of defense?

Challenging inclusion in the Register of Unfair Suppliers (RUS) in an arbitration court is a possible but not always effective tool.

It is important to understand in principle:

The court does not replace the FAS and does not consider the case from scratch. It checks:

legality of the procedure;
validity of the regulator's conclusions;
the presence of significant violations.

That is why the outcome of the trial almost always depends on which position was formed at the stage of the FAS commission.

1. What exactly can be disputed in court?

Table 1. Subject of judicial review

What the court checks	Comment
FAS competence	Authority's powers
Compliance with the procedure	Deadlines and notifications
Completeness of the assessment of circumstances	Formalism is unacceptable
Motivation for the decision	Required
Integrity assessment	Key element

❌ The court does not review the contract or resolve the dispute with the customer on the merits.

2. Typical grounds for challenging inclusion in the RNP

Table 2. When there are real chances

Footing	Why it matters
FAS ' Formal approach	Facts not taken into account
Non-evaluation of the supplier's behavior	Significant violation
Ignore evidence	Grounds for cancellation
Procedural violations	Often critical
Contradictions in the decision	Weakens the FAS position

Key point: you need to prove not just "wrongdoing," but a significant violation of the public procedure.

3. When the court usually doesn't help

Table 3. Weak judicial positions

Situation	Why the court refuses
The violation is obvious	Formal basis
There is no proof	The position is not formed
The provider was inactive	Negative rating
Bet only on the court	Missed the FAS stage

The court rarely "rescues" a business that did nothing before the RNP.

4. Time limits and procedural framework

Table 4. Critical deadlines

Action	Term
Filing an application to the court	3 months
Interim measures of protection	As early as possible
Appeal	1 month
Cash register	2 months

⚠️ Missing the deadline often makes protection impossible.

5. Role of interim measures

Many companies mistakenly believe that filing a lawsuit automatically "suspends" the RNP.

This is incorrect.

Table 5. What do security measures really provide?

Measure	Effect
Suspension of the decision	Rarely
Prohibition of posting information	Sometimes
FAS duty to abstain	Only with proofs
Denial of security	The most frequent scenario

Conclusion: обеспечительные меры — сложный, но стратегически важный инструмент.

6. Typical court logic in cases of the National Bank of Russia

Scheme 1. How the Court Makes a Decision

Checking the procedure

↓

Analysis of FAS motivation

↓

Evaluating supplier behavior

↓

Presence of significant violations

↓

(Cancellation of the decision / refusal)

The court proceeds from the presumption of the legality of the actions of the Federal Antimonopoly Service until proven otherwise.

7. Protection Strategy: What Really Works

Table 6. Effective Judicial Strategy

Element	Meaning
FAS + Court bundle	Critical
Pre-RNP documents	Strengthen your position
Emphasis on integrity	Key
Procedural violations	Basis of claim
System reasoning	Increases your chances

❌ Error:
to rewrite the position retroactively.

8. A realistic assessment of the chances

By practice:

courts selectively overturn FAS decisions;
formal cases are poorly defended;
The best results were achieved by those who actively defended themselves before being included.

9. Key conclusion for the owner

Challenging the RNP in court:

perhaps;
requires a strong procedural position;
effective only as part of the overall strategy.

The best court case is the one that wasn't needed.

How can YANG CONSULT help you?

YANG CONSULT accompanies business:

when challenging the FAS's decisions to include in the RNP;
in commercial courts of all instances;
when preparing interim measures of protection;
in a comprehensive business protection strategy.

We evaluate real chances and don't create illusions.

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 10:45