Making a private determination on violation of the administrative procedure is a formal hearing.
The court found that the hearing was conducted formally without giving the plaintiff a real opportunity to express his position. The court issued a private ruling on Violation of the requirements of the norm of Article 21 of the Law "On Public Procurement", tender documentation
LLP filed a lawsuit challenging the actions of the State Institution "Department of Internal State Audit", State Institution "Department of Public Procurement", State Institution "Department of Housing and Communal Services, Passenger Transport and Highways", LLP "2", State Institution "Committee of Internal State Audit".
The court's decision partially satisfied the LLP's claim. It's decided:
– recognize the notice of elimination of violations identified by the results of desk control issued by the Department as illegal and cancel;
– to recognize the protocol on the review of the results of the competition as invalid.
The court drew the Department's attention to the violations identified during the consideration of this administrative case, in particular, it stated that the defendant formally drew conclusions to the plaintiff's tender documentation, since the announced tender did not provide information confirming work experience at technically complex facilities.
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