Problematic issues of recognition of conditions of commercial concession agreements that do not comply with antimonopoly legislation

According to the author, the Decision of the FAS of Russia cannot and should not replace the court's decision on the invalidity of the terms of the contract and the need to change or exclude them. This conclusion is based on the fact that the recognition of the disputed transaction as invalid is actually a transformative claim, where without a court decision, the transformation of a valid transaction into an invalid one is unacceptable. Accordingly, a mandatory condition for declaring the disputed transaction invalid is the appeal of an authorized person with a claim.