OREANDA-NEWS. October 27, 2010. The Federal Antimonopoly Service (FAS Russia) initiated a case against the Committee for Environmental Management, Protection of the Environment, and Licensing of Particular Activities of the Bryansk region for the signs of violating Parts 1 and 2 Article 17 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

FAS Russia received a complaint from “Nota Bene” Ltd. that it had not been allowed to bid at a tender for extraction of mason’s sand and sand-and-gravel mix. As a result, the contract for the mining operations was awarded at the original price to the only bidder –“Blagoustroistvo” Municipal Unitary Enterprise.

On 28th October 2010, FAS Russia will consider a case against the Committee for Environmental Management, Protection of the Environment and Licensing of Particular Activities of the Bryansk region.

“The problems with such tenders are primarily cased by the shortcomings of the prevailing subsoil legislation. According to the Law “On Subsoil”, every constituent territory of the Russian Federation establishes its own procedures and conditions for tenders and auctions for common mineral deposits. To prevent bidding in the field of subsoil use becoming an obvious fraud and ensure that such tenders and auctions are effective means for distribution of limited resources, instead of the bureaucrats’ offices they should be organized at the national electronic sites”, says the Head of the FAS Russia’s Department for Control over Housing & Utilities, Construction and Natural Resources, Mr. Rachik Petrosyan.

Reference:
Under Clause 4 Article 17 of the Federal Law “On Protection of Competition”, violating antimonopoly requirements to tenders and auctions constitute the grounds for judicial invalidation of such tenders and auctions and transactions completed upon the outcome of such tenders and auctions, particularly upon a lawsuit filed by the antimonopoly authority.