OREANDA-NEWS. May 14, 2012. The Office of the Federal Antimonopoly Service in the Primorie Region (Primorie OFAS Russia) carried out a scheduled inspection of a Regional Office of Rosimuschestvo [the Federal Agency for State Property Management] in the Primorie Region (Rosimuschestvo) to verify compliance with the antimonopoly law in transferring state property for use by commercial organizations, reported the press-centre of FAS Region.

As a result of the inspection, Primorie OFAS Russia exposed that Rosimuschestvo and a number of organizations concluded contacts, according to which civil defence facilities (bomb shelters), located in the Primorie Region, were transferred to commercial structures for gratis use without competitive bidding.

As transferring state property without competitive bidding violates Part 1 Article 17.1 of the Federal Law “On Protection of Competition”, Primorie OFAS Russia initiated several cases against the Office of Rosimuschestvo and issued determinations to return unlawfully transferred premises to the treasury.

Rosimuschestvo disagreed with the decisions and determinations issued by OFAS on the grounds that they did not comply with the existing legislation, and approached Primorie Regional Arbitration Court. The Court dismissed the claims and confirmed legitimacy of the acts passed by the antimonopoly body.

Rosimuschestvo challenged these Court rulings at a Court of higher instance. However, on 4th May 2012 the 5th Arbitration Appeal Court heard the appeals of Rosimuschestvo and dismissed them.

“By passing the judicial act, the Appeal Court eliminates the last obstacle for returning the state property. We believe that its further transfer on competitive basis will generate additional funds to the budget and allow to use it more efficiently”, commented Deputy Head of Primorie OFAS Russia, Viktor Tryakin.