APPEAL COURT SUPPORTED FAS IN A DISPUTE WITH THE CONSTRUCTION MINISTRY OF THE MOSCOW REGION
The 9th Arbitration Appeal Court supported FAS decision and injunction that the Construction Ministry of the Moscow Region unlawfully refused to issue a construction permit
Earlier FAS was approached by “Novotutinki” Ltd. that filed a complaint about actions of the Ministry for Construction Complex of the Moscow region in the course of granting a permit for construction of No. 6 residential house of integrated low-rise residential development in the Mytischi District, the Moscow region. The decision on the complaint was made on the 13th day after the date of receiving the complaint.
FAS Commission established that the Ministry unlawfully refused to grant a construction permit to the developer referring to absence of an architectural certificate that under the law of the Moscow region must be issued before expert examination of the facility project documentation. At the same time, the developer performed an expert examination in September 2014, before the requirements about the certificate was set.
Moscow Arbitration Court and the Appeal Court supported FAS decision and injunction.
Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev, commented: “The developer’s complaint was considered under the fast-track procedure. In accord with the order of the competition authority the Ministry must reconsider the application of “Novotutinki”. Two Court instances agreed that the FAS position is legitimate. Unfortunately, it is not the only violation committed by the Ministry of Construction in the course of issuing construction permits. FAS is now considering other complaints against the actions of the Ministry”.
Background:
On 10 August 2018, the amendments came into effect expanding the grounds for appealing actions of the authorities in construction to FAS under the fast-track procedure*.
Earlier it was possible to appeal actions of the authorities under the fast-track procedure to FAS if the deadline for procedures from the Exhaustive Lists is breached** or a requirement is set to perform a procedure that is not specified in the documents.
Now it is also possible to approach the antimonopoly body and appeal unlawful refusals of the authorities to accept documents and applications as well as setting unlawful requirements to applicants and their documentation.
* A complaint is considered within 7 working days after the date of receiving the complaint. If considering the complaint the Commission must obtain additional information, the decision-making period for a complaint can be extended 7 days. Thus, the maximum period for complaint consideration is 14 days.
**
No. 403 Decree of the Government of the Russian Federation of 30.04.2014
No. 1138 Decree of the Government of the Russian Federation of 07.11.2016
No. 1504 Decree of the Government of the Russian Federation of 27.12.2016
No. 346 Decree of the Government of the Russian Federation of 28.03.2017
No. 452 Decree of the Government of the Russian Federation of 17.04.2017