SAKHALIN OFAS PROTECTED RIGHTS OF BUILDERS AND CONTRIBUTED TO PRIVATE ACTION SYSTEM DEVELOPING
The case Sakhalin OFAS vs. Regional State Expert Review Department is ranked among the best cases of FAS regional bodies in 2017
Based on the results of 2017, the case Sakhalin OFAS vs. the State Expert Review Department of the Sakhalin Region leads the rating of the best cases of FAS regional bodies on violating the Federal Law “On Protection of Competition”.
As established by Sakhalin OFAS, estimating the payment for the state expert examination of project documentation of non-residential capital construction facilities and the findings of engineering surveys, the regional autonomous entity unlawfully applied a coefficient on additional costs related to preferential payments for the areas equivalent to the Extreme North (К2=2,1). The coefficient applied in breach of Clause 56 of No. 145 Decree. Also, in breach of Clause 56 of No. 145 Decree the Department independently changed the formula for calculating the payments for state expert examination.
The Department was held administratively liable. Nearly 17.5 million RUB of unlawful income were charged to the federal budget.
The decision and injunction of Sakhalin OFAS was supported by Arbitration Courts of three Instances as well as the Supreme Court of the Russian Federation.
“Today, thanks to the actions of Sakhalin OFAS, construction companies that require state expert examination of the project documentation of capital construction facilities and the findings of engineering surveys in the region, can expect to obtain the services at a legitimate and fair price”, emphasized Deputy Head of FAS Rachik Petrosyan.
Sakhalin OFAS also notified those injured by unlawful actions of the State Expert Review Department of the Sakhalin Region about a possibility to recover losses from the violators. Now the experience of Sakhalin OFAS on developing the private action system is being used by Yaroslavl OFAS in a similar case on state expert examination.