Independent Lawyers: Defense Ministry Decided to Import Shipborne Furniture Illegally

05.04.2012 Expert review of defense minister's decision to purchase British-made furniture for Russian warships held by a group of independent lawyers at request of known novelist Alexander Pokrovsky has revealed that the document was signed in contravention of Federal Law 94-F3, so is virtually illegal.

Late in Nov 2011, Central Navy Portal reported that Russian defense minister Anatoly Serdiukov had approved the decision to mount British furniture Strong box on new Russian warships.

Text of the resolution was endorsed by Navy Commander-in-Chief ADM V. Vysotsky and deputy defense minister A. Sukhorukov. Defense minister signed the document on Nov 9, 2011. According to the document, in the nearest time it is planned to reequip premises of at least 9 ships (projects 22350, 22380, 20385, 21630 and 21631) using services of JSC Maritime Complex Systems as supplier and then as producer of such furniture in Russia.

Russian Navy Engineering Dept was ordered to equip ships only with metal furniture produced by that company and to put re-equipment works on JSC Maritime Complex Systems.

Having the copy of that decision at disposal, A. Pokrovsky addressed to several expert lawyers with request to give legal estimation of the document and determine its legitimacy.

The expert appraisal was following: "Resolution 235/1/1/5899 approved by Russian Defense Minister on Nov 9, 2011 goes beyond law, since it is in violation with requirements of Federal Law 94-F? dealing with placement of orders for goods delivery, execution of works, and rendering of services for federal and municipal needs.

1. The resolution determines the supplier of goods for federal needs, although the selection was carried out by a manner contrary to Article 10 of the Federal Law defining the list of methods to place orders for federal needs (tender, auction, or quotation request in case of sole bidder).

2. The resolution contains references to trademark, firm name of supplier, and place of origin of goods for federal needs (furniture for re-equipment of living and service premises of Russian Navy ships) which violates requirements of Article 22 (tender), Article 34 (auction), and Article 45 (quotation request) of the Federal Law imposing a ban on such references".

Military officials departed from the Federal Law at some other points which makes the resolution illegitimate and gives the right to put it in issue.