BALASHIKHA AERODROME STOPPED CHARGING AN UNLAWFUL FEE FROM DEVELOPERS

And reported on drafting an agreement with the Government of the Moscow region on transferring the construction approval service in the region into the online format

FAS received statements, particularly, from the Ministry of Construction of the Moscow region, with information about administrative barriers for approving capital construction facilities in the aerodrome areas.

“Our investigation revealed elements of violating the antimonopoly law by “DOSAAF Moscow Aviation Repair Works” JSC (Chernoe aerodrome, Balashikha, the Moscow region)”, clarified Deputy Head of FAS Department for Control over Construction and Natural Resources, David Akopyan.

Issuing approvals for capital construction facilities in the aerodrome environs, the aerodrome authority unlawfully charged a fee for expert examination of the impact of the facility upon air space parameters, which was in breach of the existing law.

“This is how disadvantageous, totally unreasonable conditions were imposed upon developers. The aerodrome executed one of the clause of the FAS warning and stopped charging the fee”, explained Oleg Korneev, Head of FAS Department for Control over Construction and Natural Resources.

The aerodrome authority is now working on the second item in the warning, drafting the regulations on the procedure of approving facilities design and reconstruction in the aerodrome area.

“In 2017 – 2018, the aerodrome unlawfully gained around 14 million RUB for more than 500 expert examinations, the fee for which is not required by law. The “victims” include such companies as “Leader Development”, “PIK” “Centrostroi”, “Granel”, “DSK” and other companies and physical persons. , The statements, based on which the warning was issued to the aerodrome, had been filed by individuals and the Ministry of Construction of the Moscow region. We call upon companies to actively defend their rights and approach FAS”, emphasized Deputy Head of FAS Rachik Petrosyan. “Chernoe aerodrome reported that it initiates an agreement with the Government of the Moscow region on transferring the construction approval service in the region into the online format”.

Reference:

Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition” bans actions (omissions) of a dominant economic entity that lead or can lead to preventing, restricting, eliminating competition and (or) infringing the interests of other persons (economic entities) in business or consumers at large, including the following actions (omissions):

Imposing disadvantageous contract conditions upon a counteragent or irrelevant to the contract subject (economically or technologically unjustified and (or) not specified directly by federal laws, regulatory acts of the President of the Russian Federation, regulatory acts of the Government of the Russian Federation, regulatory acts of the authorized federal executive bodies or judicial acts requirements to transfer financial assets, other property, including property rights, as well consent to enter into a contract subject to including provisions in the contract with regard to goods in which the counteragent is not interested, and other requirements).