The article analyzes the procedure for including information in the register of unfair suppliers (RNP) in the contract procurement system. Special attention is paid to the problem of a formal approach on the part of antimonopoly authorities when making decisions on inclusion in the RNP without a proper legal assessment of the circumstances of contract execution. The author analyzes the legal significance of the principle of good faith in deciding whether to include information about business entities in the register of unscrupulous suppliers in the system of state and municipal procurement.
Based on the analysis of judicial practice of arbitration courts and the Supreme Court of the Russian Federation, criteria for assessing the integrity of participants are identified, including the degree of their guilt, the presence of objective obstacles to the fulfillment of obligations, as well as actions aimed at the proper execution of the contract. The article substantiates the need for a comprehensive legal assessment of the supplier's behavior when deciding on inclusion in the register of unscrupulous suppliers, which ensures compliance with the principles of fairness, proportionality and balance of public and private interests.