FAS made first decisions on administrative appeal procedure in construction
The Offices of the Federal Antimonopoly Service in the Vladimir and Pskov regions and the Chuvashia Republic considered the first complaint received with regard to violations in housing construction.
On 10 January 2016 No. 250-FZ Federal Law came into effect giving FAS the powers to consider complaints against the government authorities and municipal bodies as well as engineering-and technical organizations responsible for construction. Such complaints are to be considered under a fast-track procedure: within seven days.
For instance, Vladimir OFAS established a fact of omission by “MFTs” Municipal Budget-Supported Institution that grants construction permits, which delayed issuing the documents.
According to Pskov OFAS, a complaint against Pskov Authority with regard to breaching the period for introducing changes to construction permit was justified. The antimonopoly body issued a determination. Examining the materials, OFAS also revealed elements of preventing operation s of construction companies by refusing to make changes to construction permits (in breach of Article 15 of the Federal Law “On Protection of Competition”). OFAS will issue a warning to Pskov Authority.
Chuvashia OFAS found that Mariinsky Posad Town Authority breached the deadlines for granting construction permit and issued a relevant determination.
On all three complaints the violators shall be held administratively liable: officials shall be fined 3000 – 5000 RUB and repeated violations will be punished by 30,000 – 50,000 RUB fines or 2-year disqualifications.
“The administrative appeal procedure is an alternative to a judicial appeal and allows optimizing the existing regulatory mechanism in construction and considerably reduced administrative barriers in the industry”, pointed earlier Stats-Secretary, Deputy Head of FAS Andrey Tsarikovsky.