OREANDA-NEWS. February 14, 2014. A regional workshop in St Petersburg included a session on problematic issues of investigating complaints about breaching the procedures of competitive bidding and concluding contracts (Article 18.1 of the Federal Law “On Protection of Competition”).

“FAS has undertaken major efforts: last year amendments were introduced to the Federal Law “On Protection of Competition” in the part of an administrative appeal in constructing; administrative liability for violating the Law on procurement of goods, works and services by certain types of legal entities (No.223-FZ) is adopted in the first reading; several by-laws are passed”, pointed out Stats-Secretary, Deputy Head of the Federal Antimonopoly Service (FAS Russia), Andrey Tsarikovskiy, opening the workshop.

The Head of FAS Department for Control over Housing & Utilities Sector, Construction and Natural Resources, Vadim Solovyov, discussed the enforcement practice of Article 18.1 1 of the Federal Law “On Protection of Competition”.

Vadim Solovyov also said that the State Duma adopted in the first reading draft amendments to the Federal Law “On Protection of Competition” providing for fast-track appeal procedures of actions (omissions) of the authorities to the antimonopoly body in the field of urban development and land relations.

Deputy Head of FAS Department for Control over Housing & Utilities Sector, Construction and Natural Resources, Alexei Matyukhin, reported to the workshop participants about investigating complaints about actions of the organizers of competitive bidding for sale of the property of bankrupt companies. He emphasized that “positive judicial experience is formed on the issues”.

Alexei Matyukhin also described the powers for investigating complaints about competitive bidding under the framework of enforcement proceedings and complaints about actions of state and municipal unitary enterprises for sale of the property assigned to them.

Deputy Head of FAS Department for Control over State Procurement, Maria Tomakh, informed participants about essential changes to No.223-FZ, particularly, with regard to procurement from small and medium companies, the Register of contracts, extending the antimonopoly law to procurement of companies with state participation, etc. She pointed out that “from 1st January 2016, if an ordering party did not reach certain volume of procurement from small business, or failed to place information, or published incorrect information, it shall have to work under No.44-FZ”.

“Since 1st January 2014, all complaints under No. 223-FZ are considered in accordance with Article 18.1 of the Federal Law “On Protection of Competition” regardless of the procurement method”, added Maria Tomakh.