Arrangement on loonies, a retop, "ram" and naked girls – everyday life of Antimonopoly service

Administration office federal antimonopoly service on Republic of Khakassia found arrangement signs when carrying out auctions on repair buildings RESPUBLIKANSKAYA PSYCHIATRIC HOSPITAL. As a result proceedings in the relation of three participants tenders were initiated which, according to anti-monopolists, applied the scheme, called "ram"

– "Ram" is when heads some companies in a close circle agree about the one who from them becomes the winner of competitions. All submit applications. And then under artificial pretexts bowl off, providing the right of a victory to in advance coordinated elect , – the head Administration office federal antimonopoly service on Republic of Khakassia (Federal Antimonopoly Service) Xenia Lebedeva shares details. – But in this case "ram" did not work.

the Price contracts on repair hospitals initially made over 5 million rubles. On auctions three participants - LLC "Kiber-LADA" were declared, to LLC "LEGAL COMPANY "PROFI-M" and LLC "Dobrodom". It is remarkable that all three allegedly firms independent from each other participated with electronic auctions from one IP address, and "Dobrodr" transferred money for providing demands for auctions not only for itself, but also for "PRO M" and "Kiber-Ladu".

, "Kiber-Lada" and "PRO M" very strongly dropped the price, counting that will withdraw at the last stage: contracts will not allow them to the conclusion for discrepancy of the submitted applications. And the third company - LLC "Dobrodom" went to win. It held the price high, but was sure that it as both "rivals" will be all the same removed will get contract.

But conceived "ram" at conspirators did not turn out. To the conclusion contracts took - and allowed all! And the winner auctions recognized "Kiber-Ladu" who has offered the smallest price – 3,4 million rubles.

of Companies tried to be overcome. All of them complained in Administration office federal antimonopoly service on Republic of Khakassia. "Dobrodom's" representatives demanded to recognize demands "LLC "LEGAL COMPANY "PROFI-M" and "Kiber-Lada" not corresponding to the law and to reconsider results of auctions, having declared the winner them company. Did not pass: organizers of auctions assured that all demands were issued correctly, anti-monopolists agreed with them also.

already of itself. Her representative referred to "inexperience by drawing up the declaration" and also asked to cancel results of auctions. But also this complaint recognized unreasonable.

to Carry out order for the sum which obviously is not paying back amount of works, that is at a loss, "Kiber-Lada" did not want and refused to sign the won contract. For as paid under the law. According to the statement of the customer of auctions, anti-monopolists included "Kiber-Ladu" in register of unfair suppliers. Now two years this firm will not be able to participate in auctions. To it also will not return brought for participation in auctions security pledge.

Arrangement – one of the most frequent and malicious economic offenses, thus is very difficult to prove it. Nevertheless, in this direction the Khakass anti-monopolists have a successful experience. It and the arrangement of local avtobusnikov-passazhiroperevozchik exposed by them who in one it is far not fine day for passengers raised the prices of journey. And sensational arrangement of the insurance companies when car owners could not prolong the policy CMTPL anywhere – at all insurers for some reason forms suddenly ended.

– Antimonopoly service still designate economic prosecutor's office. Whether not therefore the question of association of Federal Antimonopoly Service with Committee of inquiry was brought up recently?

– the Head Federal Antimonopoly Service Igor Artemyev expressed fears concerning such merges. Especially, we signed agreements on interaction with all law enforcement agencies – Ministry of Internal Affairs, Federal Security Service of the Russian Federation, prosecutor's office, Committee of inquiry. When there is a violation of the law, at a legal investigation we work in a sheaf. But everyone has to perform work within the powers.

– That is if you find frauds criminal character, you can report in Committee of inquiry or prosecutor's office?

that nobody cancelled an innocence presumption. And when we initiate proceedings, we tell about signs of commission of violation antitrust laws. And only at meetings of the commission into which not less than three experts enter, having weighed all pros and cons", we make the decision on available violation or lack of that. I will note: we make decisions only jointly. If we see signs of violation of the legislation outside our jurisdiction, and our powers any more do not suffice, we send documents to the relevant departments. It both control budgetary organizations, and prosecutor's office and Committee of inquiry. We have many appeals to these bodies.

– In what directions violations to which investigation experts from other supervisory authorities are connected come to light?

– Similar affairs in antimonopoly service not one ten. Most often in carrying out goszakupkok, arrangement at auctions. But happens and vice versa, when antimonopoly violations come to light at investigation of criminal case. The example of that is matter in the relation of firm LLC "Karavan" which head offered participants of auctions for remuneration not to reduce the price. It was proved by a consequence. As a result to a conviction under criminal articles about commercial bribery our administrative punishments were added also: in total "Caravan" was fined the sum more than 4 million 325 thousand rubles, and by directors of firm - on 20 thousand rubles.

– Xenia Lebedeva, sometimes by consideration of complaints in your Service, auctions for state contracts stop. Thus business concerns constructions and repairs important social objects – hospitals, schools etc.

- Unfortunately the people going to the power, not always realize burden of assumed responsibility. Not for the first time I bring up a question of incompetence of heads at different levels. I will give a concrete real example: auctions on repair schools are carried out at us. Legally grounded participants of tenders bring to us complaints on documentation incorrectly issued by the customer, say, the technical project. We look - it is really executed with violations. And we does that is necessary under the law – we stop auctions and we ask the customer to put documents in order. So after all sometimes even cannot correct – instead of one mistakes right there "lyapayut" others! Thus round state contracts professional complainants who clinging to mistakes always curl, deliberately I break auctions. And then suggest customers to pay them what they will not make complaints in antimonopoly service …

– I that you do in such cases?

to address in police and prosecutor's office. There can initiate proceedings on extortion and blackmail. We are not omnipotent and limited in powers. For example, the delegation of men the other day came: they fulfilled order, and the employer did not pay off with them. Addressed in our service – help! It is a pity for people, but than we can help? Only having sent to the necessary department – in a trudinspektion.

– Summing up the work result for last year, what you would note as undoubted achievements of the collective?

is a completion of difficult and labor-consuming affairs. One of them from an easy hand of journalists received the name "Peretop". We came to a conclusion that the Abakan combined heat and power plant deliberately did not observe last winter the temperature schedule and released excess quantity of thermal energy to the city. And it, in turn, led to the unreasonable growth of a payment for heating. Our decision did not enter yet validity, undergoes legal procedures.

One more resonant business: to Republic of Khakassia became much less advertizing in which images of naked girls are used. Respectively, we reduced number of affairs on distribution of unethical advertizing. Here I want to note a position of inhabitants of the republic who very much help us, reporting about emergence of doubtful advertizing.

our organization probably not for nothing designate economic prosecutor's office. We initiate proceedings on the facts of violations and we pass decisions which, clearly, are unpleasant to a defeated party. But the law is the law.

But we consider that the main thing in our work is to expose and to punish, and to prevent violation. Therefore, our employees as though were not occupied, we regularly hold seminars at which we explain nuances antitrust laws, we answer questions, we sort problem and disputable cases.

Therefore give is respectful to each other and to resolve all issues in a legal framework.

Curriculum vitae:

Xenia Lebedeva, Krasnoyarsk territory.

After leaving school, arrived on law department of the Khakass polytechnical college which left with honors.

B 2002 entered the Krasnoyarsk state agrarian university on law department. Study combined with work in The Krasnoturansk district court of the Krasnoyarsk territory the court clerk.

B 2005 - the lawyer the insurance companies – Branch Limited liability company "Rosgosstrakh-Sibir" - "Management on Republic of Khakassia", a year later, headed legal department.

C of 2009 - the head of legal department in MINISTRY OF REGULATION OF PROCUREMENTS CONTRACT SYSTEM OF THE REPUBLIC OF KHAKASSIA.

Since January, 2010 - the Vice-chairman MINISTRY OF REGULATION OF PROCUREMENTS CONTRACT SYSTEM OF THE REPUBLIC OF KHAKASSIA.

B 2010 was trained according to the Administrative <37> Reform and Problems of Public Administration program, professional development in the field of government procurements.

C on October 18, 2011 - the acting head of Administration office federal antimonopoly service on Republic of Khakassia. Since December 16, 2011 it is approved at a position of the head Administration office federal antimonopoly service on Republic of Khakassia.

Author of interview: Alekhina Marina