Source The agency lost OFAS in court. The Arbitration Court of Bashkiria upheld the decision and order of the republican department of the Federal Antimonopoly Service, which in 2021 ordered the administration of Neftekamsk to “take exhaustive actions” in order to return land plots in the city to ownership. In 2013, according to a court decision, the mayor's office gave a local entrepreneur Rafil Mavliev a three-year lease without bidding for more than 5 hectares for the construction of a children's amusement park. Later, the site was divided into two parts, and the term of the lease was extended for 49 years. OFAS considered this a violation of the Federal Law “On Protection of Competition”, the court agreed with the department.
The administration of Neftekamsk failed to cancel the decision and order of the regional department of the Federal Antimonopoly Service of November 2021. Then the department found in the actions of the mayor's office a violation of the Federal Law “On Protection of Competition” during the privatization of land in the city. The administration was ordered within 30 days to “complete exhaustive actions aimed at returning the land plots to the treasury.”
As follows from the materials of the case, in April 2013, on the basis of an act of choice and a decision of the administration, the property management committee of the Ministry of Land and Property Relations of the republic transferred Rafil Mavliev, a well-known businessman in Neftekamsk (now registered in the Chechen Republic. – Kommersant-Ufa), to a three-year lease of a land plot on Parkovaya Street with an area of 5.4 hectares for the construction of a children's amusement park. According to map services, the Neftekamsk Central Park and the Toros Stadium are located next to the site.
In December of the same year, the mayor's office of Neftekamsk issued a decree dividing the site into two parts: 5 hectares and 0.3 hectares. The larger area retained the type of permitted use “for the design and construction of a children's amusement park”, and the smaller one became intended “for the design and construction of a children's cafe.” Corresponding changes were made to the lease agreement.
In September 2014, based on the application of Rafil Mavliev, the administration of Neftekamsk extended the lease until March 2043.
Two years later, Mr. Mavliev ceded the right to lease 0.3 hectares to Vusal Iskenderov, and the mayor's office decided to change the type of permitted use from “for the design and construction of a children's cafe” to “public catering”, “entertainment”. A year later, in October 2017, the mayor's office of Neftekamsk signed an agreement with Mr. Iskenderov. Its signing was preceded by a transaction for the sale of a cafe building, which Mr. Mavliev managed to build on a land plot and sell to Mr. Iskenderov.
A representative of the mayor's office in court said that in 2014, the OFAS, having investigated the issue of renting disputed plots, did not find any corpus delicti. In addition, the mayor's office noted that the disputed plots “at the time they were leased were not the property of the municipality … and therefore it is not possible to return them to the municipal treasury.” In August 2021, the lease agreement with Rafil Mavliev was terminated, the plaintiff's representative added.
The position of the administration of Neftekamsk was supported by third parties – the Ministry of Land and Property Relations of the Republic, Rafil Mavliev and Vusal Iskenderov.
Refusing to satisfy the claims, the court, in particular, noted that the mayor's office had violated the norms of the Land and Civil Codes of Russia. So, when dividing a land plot, the type of permitted use should be preserved for the newly formed ones. In addition, the mayor's office was supposed to hold tenders for the right to lease the newly formed plots, the court noted, but it provided “preferential conditions” to Mr. Mavliev, which allowed him to “carry out the construction of a non-residential building, sell the specified object to Iskenderov V. F.” The argument that in 2015 the OFAS did not find violations in the actions of the mayor's office of Neftekamsk was rejected by the court, since then the antimonopoly agency could proceed from other circumstances of the case. Assessing the information about the termination of the contract with Rafil Mavliev and the return of the land plot, the court noted that from the explanations of the representatives of the antimonopoly authority and the administration of Neftekamsk, one of the land plots – an area of 5 hectares – “is currently owned by Mavliev R. N. (redeemed) “.
Whether the administration of Neftekamsk intends to appeal against the decision of the court in the appellate instance, it was not possible to find out yesterday: they did not promptly respond to the request of Kommersant-Ufa.
Managing partner of Basic Consulting » Raul Saifullin sees no prospects for the cancellation of the judicial act. “The conclusions of the court seem reasonable and legitimate. Therefore, at first glance, there are no reasons for their revision, ”the lawyer noted.