The prosecutor’s office of the Ulyanovsk region demands to recognize the half-billion-dollar contract as null and void
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Arbitration Court of the Ulyanovsk Region accepted the claim of the Deputy Prosecutor of the Ulyanovsk Region Maxim Grishin against the OGKU “Ulyanovskoblstroyzakazchik” and OOO “EcoInvest” (Moscow) to recognize as illegal and invalid the contract for the reclamation of the MSW landfill (in the amount of 456.3 million rubles), concluded with the only supplier of works. The contract was signed on December 19, 2022, the funds were allocated as part of the Clean Country federal project of the Ecology national project.
As the deputy prosecutor points out in his lawsuit, the contract was concluded without competitive procedures. The decision on this was made on December 14, 2022 at a meeting of the working group of the regional government on organizing the financing of budgetary expenses of the operational headquarters for ensuring the economic development of the Ulyanovsk region and is based on the rules stipulated by the resolution of the regional government No. 136-P dated March 25, 2022 (based on law No. 46- Federal Law of 03/08/2022, adopted after the start of the SVO to speed up the resolution of economic issues that do not require delay).
Meanwhile, according to these rules, a contract can be concluded with a single supplier if the use of competitive methods “requires significant time costs in the context of the introduction of economic restrictive measures against the Russian Federation due to changes in the geopolitical situation” and “if there is a direct causal connection between the circumstances of the procurement and the said measures”. But such a causal relationship was not found and there were no obstacles to the auction, the lawsuit notes.
In addition, according to the prosecutor’s office, with contract amounts over 100 million rubles. experience of similar work is required (for amounts not less than 20% of the contract value), however, EcoInvest did not have such experience.
The agency emphasizes that the concluded contract has led “to the violation of the principles of openness and transparency, to the restriction of competition,” and demands that it be declared invalid and the transaction null and void.
The prosecutor’s office explained that the materials attached to the lawsuit also contain information that EcoInvest LLC used to belong to Gulnara Razmatulina, the head of the regional Ministry of Natural Resources, which oversees the execution of the contract.
Director of “Ulyanovskoblstroyzakazchik” Alexei Skorobogatov declined to comment.
According to senior assistant to the regional prosecutor Vasily Zima, if the court agrees with the requirements of the prosecutor’s office, “it is quite possible that the department will still assess the presence of a corruption component” in the actions of leaders and officials, and will also prepare an act of prosecutorial response to the decision of the working group of the regional government.
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