FAS investigated around 10,000 complaints about “sale” tenders

The most frequent violations on tenders for sale of property rights

In ten months 2017 FAS Central Office and its Regional Offices investigated 9994 complaints regarding tenders mandatory by law (property tenders or “sale” tenders). Around 30% of investigated complaints were found justified.

It includes complaints regarding lease or sale of land plots in state (municipal) property, privatization, sale of the property of debtors and bankrupts, etc. Currently there are 66 different tender procedures regulated by 30 federal laws and 23 by-laws (the Land Code, the Forestry Code, the laws on privatization, bankruptcy, enforcement, etc.)  54 procedures do not provide for electronic tenders, the remaining 12 procedures can be performed electronically but there are not clear and unified requirements  for operators of electronic sites.

“As a result, each type of such tenders has a separate procedure for information support, separate application requirements, and different grounds to allow or reject bids, the time line and procedures for concluding contracts, which form the basis for abusing. The law on “sale” tenders needs unification and significant simplification, the procedure should be unified, electronic and does not depend on sectoral specifics. FAS is already working in this direction with the Ministry for Economic Development”, said Deputy Head of FAS Rachik Petrosyan.

Investigating the complaints regarding property tenders, the antimonopoly body most often reveals restrictions of access to tenders. This violation is typical for tender organizers as well as e-sites operators.

Russia is carrying out a reform of control and supervision activities, overseen by Minister Mikhail Abyzov. FAS actively participates in the project and would like to point out that the new public control system reduces administrative burden on business and increase the quality of control-and-supervision functions.

To prevent violations, the Antimonopoly Service publishes information about the most frequent violations in different fields of antimonopoly law, advertising, tariff regulation, construction as well as public procurement and public defence procurement.