Rus News Journal

Korruptsiogennoe mutual understanding

the Office of Public Prosecutor of St.-Petersburg has demanded to change the new city law About an establishment of the price of the ground areas in St.-Petersburg having called into question legality of the order of granting of privileges initiated by the governor for investors with whom till March, 2010 the city government has concluded the memorandum about mutual understanding or cooperation . In Smolnom assert that the law only guarantees an invariance of the game rules established for strategic investors. In opinion of the Office of Public Prosecutor, the challenged norm is korruptsiogennoj allowing officials to establish unreasonably preferences for separate businessmen.
the law About an establishment of the price of the ground areas in St.-Petersburg accepted two months ago, has come into force on March, 1st, 2010. This law, in particular, raises redemption cost of the earth (from 13,5 % to 15 % from cadastral cost) for proprietors of buildings, structures and the constructions intended for investment activity and used for industrial targets. However for investors, with which to the introduction of the law into force the government of St.-Petersburg concludes memorandums of mutual understanding (cooperation) the separate norm fixes reduced price in the form of the ninefold rate of the ground tax. The corresponding norm has been initiated by the governor Valentina Matvienko in the form of the amendment to the bill.

about the requirement brought in ZakS to change korruptsiogennuju norm it is told in the answer of madam Jakovlevoj, the chief of department on supervision of execution of laws on counteraction of corruption of city Office of Public Prosecutor, on Joint-Stock Company reference Lawyer Fremm (the copy is on hand ) . This firm is one of six St.-Petersburg officially accredited by administration of independent experts on carrying out of anticorruption examination of projects and operating standard legal certificates of a city. Such examination, according to established Smolnym to the conditions, the accredited experts are authorised to spend under own initiative and at own expense.

according to head Lawyer Fremma Vladimir Mechtaeva, about presence korruptsiogennyh factors in the aforementioned law its firm has directed the conclusion to Office of Public Prosecutor under its request. The Office of Public Prosecutor has supported a conclusion of experts about korruptsiogennosti norms. According to lawyers Lawyer Fremma the unique basis, granting to investors the right to redeem the ground areas under objects of real estate belonging to them at reduced price, is presence a certain memorandum which standard regulation in the federal and city legislation is absent. Hence, any named the memorandum the agreement signed by the investor with the government of St.-Petersburg, can be regarded as the sufficient basis for an establishment of reduced price of the ground area, experts consider. And it testifies to possibility any actions and unreasonable application of the given norm from the authorities, the Office of Public Prosecutor has agreed with experts.

the head of committee of the legislation ZakSa Vitaly Milonov has informed that yet a sign with the requirement of Office of Public Prosecutor under the given law. As have confirmed in administrations of St.-Petersburg, the protest of Office of Public Prosecutor has arrived and in legal committee Smolnogo. Its chapter Anna Mitjanina was inaccessible yesterday to comments.

however in KUGI, developed the challenged norm, with conclusions about it korruptsiogennosti do not agree. This order extends on a number before the concluded memorandums with strategic investors in whom the price on which investors on performance of all works will redeem the earth is already established. The price for them is not individualised under the concrete memorandum, it is standard and calculated under the old legislation. Under such memorandums the price cannot increase in process of change of the law, as in it a major principle of the federal legislation on support of investment processes in Russia. That is, game rules - direct conditions of already operating contracts - do not change - it is told in comment KUGI.

the vice-president of committee on investments and strategic projects insists On similar treatment (KISP) Anton Buchnev also. As he said, all under action of the challenged norm in the area of KISPa gets six memorandums concluded by a city government with strategic investors: Toyota, Nissan, Magna, Hyundai, Suzuki, and also with suppliers Magna and Hyundai (the sites have already redeemed Toyota and Nissan, Suzuki project is suspended.-).

however, by data Matvienko`s madam during the stay on a post of the governor signed also other memorandums with potential investors. The most scandalous have till now the memorandum signed in 2005 with Gazprom about building Gazprom - city after renamed in Okhta the Center . We will remind that after signing of the memorandum of a game rule concerning this project repeatedly considerably changed (in particular, the city at first was obliged to construct a tower at the expense of the budget, and then the promises has refused). Thus courts repeatedly rose on party Smolnogo, confirming that the memorandum at all does not guarantee decision-making on object building. Such decision formally does not exist till now.

One more example of the memorandum with foggy consequences is signed in 2008 the governor Valentina Matvienko, head VTB Andrey Kostin and Minister of Defence Anatoly Serdjukovym the document on creation of the incorporated military man uchebno - centre of science (VUNTS) Military - sea academy in territory of Kronstadt and the scale developer project connected with it Kronshtadsky sails possibility of participation in which considers VTB - Development led by the son of the governor Sergey Matvienko. In the Minister of Defence the management on project realisation " is already created; the Kronstadt sails which has headed eks - the senator from Leningrad region, and nowadays the deputy minister of defence Grigory Naginsky. However one month ago it became known that realisation of this project is transferred a minimum for 2015. in the memorandum of any terms it is not registered - declared about it in a press - service VTB - Development . And an uncertain situation with development of the project of Finnish company Technopolis which has signed two alternative memorandums of technopark building on different sites: one with university of telecommunications of a name of Bonch - Bruevich, another - with administration of Petersburg, it was resolved by technopark building absolutely in other place.

the head of legal office of Giessen lawyer Andrey Tyndik in the comment has noticed that observance of conditions of preliminary contracts which memorandums with investors actually are, is a positive condition of attraction of investments, considering that the investor should be assured of performance of the conditions promised by the authorities. However, mister Tyndik agrees, the memorandum should not be an empty proforma also should contain concrete requirements about a subject of obligations. Such exit is offered also by experts Lawyer Fremma . They consider that the authorities of Petersburg should legislatively to define concept of the memorandum and the basis of decision-making on the conclusion of such documents, or to make instructions that is a question of the agreements concluded with strategic investors . will watch situation development.