FAS has a fast-track construction appeal procedure
On 19 September 2017, at the 33rd session of the Headquarters for Joint Investigations of the Antimonopoly Law of the CIS Member-States, Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev, presented a draft Report “On the state of competition on the markets of economy-class residential housing in the CIS member-states”.
According to the Head of FAS Department, the draft Report is added information on a transition of the Russian Federation from indexation method estimating standard costs in construction works to the resource method. Additional information was also supplied by the State Commission for Protection of Economic Competition of the Republic of Armenia, the Committee for Regulating Natural Monopolies, Competition Protection and Consumer Rights, of the Ministry of the National Economy, the Republic of Kazakhstan, the State Agency for Antimonopoly Repudiation at the Government of the Republic of Kirgizia, and the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus.
“The draft Report was agreed operationally with the antimonopoly bodies of the CIS Member-States, in view of the submitted proposals”, said Oleg Korneev.
The report summary will be given to ICAP.
Oleg Korneev also outlined a new, fast-track administrative appeal in construction.
He emphasized: “Our task is to give businessmen – subjects of urban development relations a new mechanism for defending their rights, therefore, reducing administrative barriers in this field”.
The fast-track applies only to breaching the timelines of the procedures, put on the exhaustive construction lists, and the recruitments for additional procedures.
FAS investigates complaints within seven days. Oleg Korneev explained how appeal takes place: FAS receives a complaint, within three days FAS considers it and notifies the claimant, then within the next four days FAS makes a decision and issues a binding injunction. Violators will be fined.
He also quoted statistics on already investigated complaints, showing that the mechanism is not in full operation but is gradually gaining momentum. In his opinion, businessmen can also complain to FAS about actions / omissions by the authorities that restrict competition. Such complaints will be considered under the standard procedure within a month.