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Tenders for fishing plots in Primorye are litigated

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09.07.2014 20:23

Tenders in Primorsky Krai for conclusion of contracts to use fishing plots in Terneisky district (in terms of lots 6 and 8) are to be challenged in court. Tender participants believe that the tender commission has violated the Rules of tender organization for the right on the contract concluded to provide fishing plots for commercial fishing (approved by the Government order dated April 14th, 2008 No. 264).

According to the provision 15 of Regulations it is prohibited to allocate fishing plots and quotas if the applicant has no fishing plots and quotas in fish processing plants in the municipality which adjoins the fishing plot. However, "Aquatechnhologies" LLC, despite being located in Dalnegorsky district and having no fish processing plant on the territory of Terneisky district (on sites of which held a competition) was immediately granted two areas with quotas.

The fact that the company has no plants listed in the address of the tender documents was confirmed by the Office of the Federal Service for State Registration, Cadastre and Cartography in Primorsky Krai. In USRR ownership of real estate is registered with the exception of the facility at the address: Primorsky Krai, Terneisky district, village of Jedinka, Morskaya Str., 30 (this is the address which “Aquatechnologies” LLC specified as facility subject to sanitary-epidemiological survey). This fact is also proved by photo report, video recording, and the act dated June 7th, 2014 (signed by S.B. Magomedov, P.M. Sukovatitsina, N.S. Kustovinova, and E.V. Polishchuk, the members of the committee established in order to pursue the order No. 61-P by the Primorsky Territorial Administration of Fishery, dated June 3rd, 2014).

According to the Rules “Auqatechnologies” should not have been admitted to the tender since the company did not meet its criteria. However, the tender commission has not taken this fact into account and has not specified in the Minutes (No. 3 dated 10-23.06.2014) represented by employees of Russian Fishery.

It should be mentioned that for the same reason (lack of plants in Terneisky district) three companies of the six applicants were denied.

Permit of LLC "Aquatechnologies", in fact, violated the rights and interests of other participants and led to incorrect determination of the winner. Thereby it deprived the existing shore processing capacities of other participants of industrial raw materials, and the inhabitants of three northern villages of Terneisky district of Primorsky Krai (Peretychikha, Samarga, and Agzu) of the work.

Applicants for the fishing plot attracted attention of the commission and Primorsky Krai Administration, in particular Alexander Peredny, the Director of the Department of Fisheries, and Sergey Sidorenko, the Vice Governor, to clear and obvious violations. However, members of the commission ignored the fact of violation and accepted, in fact, the corrupt decision. Chairman of the commission and other competent persons went to vacation while others did not come to a vote, and others abstained, apparently, understanding the situation.

Now the results will be challenged in court. Claims against “Aquatechnologies” LLC and Territorial Administration of Russian Fishery were filed by two companies – LLC "Troika" and LLC "Danko". They believe that their rights and interests have been infringed. In addition, entrepreneurs have addressed an open letter to the President Vladimir Putin to "investigate and eliminate the consequences of corruption offenses", as well as to Yury Trutnev, the Presidential Representative in the Far East Federal District, with a request to protect the "social and environmental interests of population in villages of Peretychikha, Samarga, and Amgu ".

It should be mentioned that during the competition “Aquatechnologies” LLC was represented by S.V. Slepchenko, the deputy of the Legislative Assembly of Primorsky Krai of the party "United Russia". During the tender he required not to fulfill the prohibition for denial of permit to the tender stated in Clause 15 of the Rules due to the lack of coastal fish processing plants in Terneisky district. The tender commission agreed with it. However, according to the decree of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 7171/10 dated October 28, 2010 and due to issue “A" of Clause 15 of Rules it is a ground for refusing the applicant in permit to the tender without providing the competitive commission the right to decide the issue differently.

Meanwhile, the fish is already in a massive stroke. The current year is considered "salmon" for the region. 1,766 tons of salmon were recommended to the development by science, and none was last year and is to be next year. Pink salmon is 1 550 tons, chum salmon is 204 tons, and masu salmon is 12 tons thereof. However, so far no company can begin fishing.

Yulia BELIKOVA, the deputy director of "Troika" LLC.

See the documents in the attached files. 




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