FAS proposed to extend the rights of businessmen for fast-track consideration of construction complaints

The Antimonopoly Service forwarded the draft to the Ministry of Construction

FAS forwarded to the Ministry of Construction a draft law on amendments to Article 18.1 of the Federal Law “On Protection of Competition”.

From 2016 the antimonopoly bodies consider complaints against the authorities and network organizations in the construction field under the so-called fast-track procedure within 7 - 14 working days as specified in Article 18.1 of the Federal Law “On Protection of Competition”.

In this case, the fast-track procedure applies to complaints about those construction procedures that are specified in the exhaustive lists approved by the RF Government.  They formalize the functions to be exercised by the authorities in the field of construction and services to be offered by network companies. In 2016 such a list existed only for housing construction; in 2017 they were compiled for construction of water and eclectic power supply facilities, non-residential objects and heating networks.

Today, however, fast-track appeal can be used against the authorities only under two grounds: if they breach a procedure included in the relevant list or requested to perform a procedure not provided for by the list.

FAS draft law suggests adding new grounds to Article 18.1 of the Federal Law “On Protection of Competition” to appeal actions of the authorities to FAS under the fast-track procedure. It concerns unlawful refusal by the authorities to accept documents and petitions and setting unlawful requirements to the applicants and their documentation.

Deputy Head of FAS Rachik Petrosyan: “If the petitions are received the law obligates us to follow many-month enquiries, after which it is possible to open a case, investigation of which, in its turn, can drug up to nine months.  Such a lengthy procedure for eliminating violations is not always attractive for business. Our amendments, if adopted, will extend the rights of entrepreneurs for fast-track consideration of their complaints and, as a consequence, promptly restore their rights”.

Overall, in 2016 and three quarters of 2017 the antimonopoly bodies considered only 80 complaints.

“Although in three quarters of 2017 we got more complaints that in the entire 2016, the figure is still pretty low. No doubt, it is related primarily to inadequate grounds for fast-track appeal of the actions of the authorities. Our amendments will correct the situation”, summed up Rachik Petrosyan.