Alexei Matyukhin: changes to the law on concession agreements will help decrease the number of unitary enterprises

If the property of a state or a municipal unitary enterprise is transferred to concession, the enterprise shall be liquidated

At the FAS Collegium Head of FAS Department for Regulation over the Housing & Utility Sector Alexei Matyukhin discussed changes to the Law on concession agreements. He drew the participants’ attention to the fact that the amendments were devised by the Ministry of Construction of the Russian Federation.

“FAS also forwarded its proposals that were accounted for in the final draft of the law”, added Alexei Matyukhin. “The proposals were designed to launch a mechanism enabling to attract as much as possible investment in such sectors as heat- and water-supply”.

FAS representative stated: “Earlier concession agreements were concluded between municipalities and investors; now there will be the third party – the Head of a region. It is done to make concessioners confident in long-term tariffs”.

“The next change is possibility of such a procedure as joint tender. Municipalities can unite and sign a concession agreement in a single lot. This measure targets the property that often is non-liquid and is based in different municipalities. Now municipalities can form a “toothsome” object for private investors”, said Alexei Matyukhin.

FAS representative discussed state and municipal unitary enterprises due to the amendments to the Law on concession agreements coming into force. Alexei Matyukhin pointed out that they will be liquidated if the property of a state or a municipal enterprise is fully transferred to concession.

Alexei Matyukhin also highlighted the main provisions of a new system обращения ТКО. He explained that “from 1 January 2017 a subject of the Russian Federation approves a territorial scheme for determining the regional operator areas. Then tender documentation is placed on torgi.gov.ru and a regional operator is selected”.

Finally, Alexei Matyukhin called upon regional antimonopoly bodies to forward their practices of investigating complaints in this filed to the Central FAS Office.