Oleg Korneev: unifying the procedure of “for disposal” tenders will reduce abusing
There are several concerns regarding disposal of the property of state and municipal unitary enterprises without competitive bidding and by-passing the Law on privatization through deposits in share-holding companies
On 19 October 2017 the Committee of the State Duma on Natural resources, Property and Land Relations “On the issues of implementing the national policy in management and privatization of federal property” discussed priority areas of law-making, with regard to enhancing efficiency of federal property management, and some legislative proposals on improving regulations over this field of property relations.
FAS was represented by Head of FAS Department for Construction and Natural Resources Oleg Korneev.
He outlined the present concerns with disposal of the property of state and municipal unitary enterprises with out tenders and by-passing the Law on privatization through deposits in share-holding companies, and highlighted proposals of the antimonopoly body designed to counter such concerns.
Head of FAS specialized Department gave statistics on investigating complaints regarding ‘for disposal” tenders. It relates to tenders for lease or sale of land plots in state (municipal) property, privatization, disposal of property of debtors and bankrupts, etc. Today there are 66 different tender procedures, regulated by 30 federal laws and 23 by-laws (the Land Code, the Forestry Code, the laws on privatization, bankruptcy, enforcement procedures, etc.) 54 procedures do not provide for electronic tenders, the remaining 12 procedures can be performed electronically but there are not clear and unified requirements for operators of electronic sites.
“The current situation leads to abusing by tender organizers and site operators, the number of whim is increasing every year. The system of public tender needs “rebooting”: a unified procedures for electronic tenders and on national electronic sites should be developed”, pointed out Oleg Korneev.