OREANDA-NEWS. June 14, 2013. The Moscow Office of the Federal Antimonopoly Service (Moscow OFAS Russia) received complaints from physical persons and legal entities that premises that belonged to “Russian Post” Federal State Unitary Enterprise on the basis of the right of economic management, total area - 423 sq. m., on Baumanskaya St., were unlawfully given to commercial organizations.

According to the petitioners, transferring the premises adversely affects the work of the Post since absence of the necessary premises does not allow organizing the work of its employees to prevent customers waiting in queues. Also, placing business signs on building facades prevents determining the post location.

Due to absence of information about “Russian Post” organizing tenders for leasing the premises at www.torgi.gov.ru, OFAS opened a case against “Russian Post” upon signs of violating Part 3 Article 17.1 of the Federal Law “On Protection of Competition” (leasing state property to economic entities without competitive bidding).

Moscow OFAS Russia established that lease contracts were subject to termination as concluded with violation of the procedures established by the law. OFAS issued a determination to “Russian Post” to stop the violation.

“As a unitary enterprise, “Russian Post” owns and uses property of the Russian Federation. Taking into account the specifics of the legal regime for state property objects, it is necessary to comply with a competitive procedure ensuring publicity and transparency, when transferring the rights for state property in order to create equal conditions for physical and legal persons obtaining the rights with regard to state property”, said Deputy Head of Moscow OFAS Russia, Alexander Dorovsky.

The procedures for granting rights with regard to the state property is formalized in Article 17.1 of the Federal Law “On Protection of Competition”, under which lease agreements, gratuitous use agreements, trust management contracts, and other agreements providing for transfer of the rights of ownership and (or) use of state or municipal property, can be concluded only upon the outcome of tenders of auctions.