FAS REMINDS BUSINESSMEN ABOUT POSSIBILITIES TO PROTECT THEIR RIGHTS PROLONGING PUBLIC PROPERTY LEASE AND FACILITIES CONSTRUCTION

Legislative initiatives of FAS Department for Control over Construction and Natural Resources in the part of reducing administrative barriers and protecting rights of businessmen, particularly, SME, are in the TOP-10 best achievements of FAS Central Office in 2018

From 10 August 2019, developers can appeal more actions of the authorities in the filed of construction under the “fast-track” procedure (7-14 days).

“FAS amendments added new appeal grounds to Article 18.1 of the Federal Law “On Protection of Competition”, clarified Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev. “They include unlawful refusals by the authorities to accept documents and statements and setting unlawful requirements to the petitioners and their documents”. 

According to Deputy Head of FAS Department for Control over Construction and Natural Resources, David Akopyan, earlier there were only two types of grounds for fast-track appeals in construction: breaching the deadline for the procedures form the Exhaustive List*, or requirements to perform a non-statutory procedure.  

At the end of 2018, a law was signed clarifying the procedure for renewing lease contracts for public and municipal property with bona fide lease-holders.

The amendments eliminated double interpretation of Article 17.1 of the Federal Law “On Protection of Competition”, which protects SME and suppresses adverse practice of refusals to prolong lease contracts with bona fide lease-holders by public property owners, threatening multi-year operations of businessmen.

As mentioned by Deputy Head of FAS Department for Control over Construction and Natural Resources, Oksana Malaya, the amendments were supported by “OPORA Russia” National NGO of small and medium business.

“FAS amendments to the current law in the part of “fast-track appeal of actions of the authorities in the field of construction and improving the procedure for renewing lease contracts with bona fide lease-holders protect small and medium business and reduce administrative barriers in the construction industry, accordingly, supporting entrepreneurial initiative in Russia and shaping favourable business-environment”, concluded Deputy Head of FAS Rachik Petrosyan.

Reference:

* No. 403 Decree of the Government of the Russian Federation of 30.04.2014;

No. 1138 Decree of the Government of the Russian Federation of07.11.2016;

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.