Oleg Korneev: “for sale” tender procedures must be unified

Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev highlighted the initiatives of the Antimonopoly Service on bankruptcies and bankruptcy procedure.

Speaking at a workshop of regional tax bodies, Oleg Korneev outlined the procedure for the antimonopoly authority investigating complaints regarding procedures of bankruptcy tenders. He explained, for instance, who can complain to FAS about the procedures of bankruptcy tenders and whose actions can be appealed, the deadlines for filing complaints to FAS and its regional bodies and the timeframe when the antimonopoly body is obligated to consider such complaints. Oleg Korneev also mentioned the requirements to the content of complaints and the grounds for returning them back to the claimants.

In 2016, FAS examined substantially slightly less than 12,000 complaints regarding bankruptcy tenders, which is more than two times higher than in 2015.

“It is essential that “for sale” tenders, that also include bankruptcy tenders, are currently regulated by a huge number of normative acts (the Land Code of the Russian Federation, the Forestry Code, the laws on privatization, on bankruptcy, on enforcement proceedings, and so on). As a result, every type of such tenders has a special procedure for information support, separate requirements for drawing up bids, different grounds for accepting or rejecting bids, different deadlines and the procedures for concluding contract based on the tender outcome. In many cases e-tenders are not provided for, or, if there is such a possibility, no clear and unified requirements to the operators of electronic sites are set. All this leads to abuses by tender organizers and site operators”, pointed out Oleg Korneev.

Head of FAS Department for Control over Construction and Natural Resources emphasized the importance of devising a unified procedure of “for sale” tenders. Such tenders that should be electronic and take place on the e-sites, included in the All-Russian list of public procurement electronic sites.