Cossacks for emergencies
Lawyers of Fund of struggle against corruption Alexei Navalny appealed to the Prosecutor of Moscow with the requirement to check legality of contract of the protection of the capital ships of the Cossacks. The statement from 28 January, signed by the lawyer of Fund Valery Zolotukhin, published in his Facebook lawyer FBK Love Sable.
Sable and Zolotukhin indicate that a contract with a security organization “Cossack guard” was concluded at the request of the judicial Department in Moscow in November 2015 without competition, for the procurement procedure from the sole supplier.
In the contract stated that the basis for ordering from a single supplier was the purchase of goods and services “following the accident, other emergency situations of natural or man-made disasters, irresistible force” (paragraph 9 of article 93 of the Federal law “On contract system in procurement of goods, works, services for state and municipal needs”).
“The literal interpretation of the law that the customer has the right to contract with a single supplier to perform work in the same amount and to the extent necessary for liquidation of consequences arising from accidents, other emergencies,” says Zolotukhin. In the contract there is no information about the accident, other emergency situations, to the Complainant.
In his address, he requires to inspect and to initiate proceedings on administrative violation, committed by officials of the judicial Department — “failure to comply with the law when concluding state contracts” (part 2 of article 29.7 of the administrative code). For this violation, a penalty of 50 thousand rubles.
To receive operative comments on the treatment of FBK in the judicial Department failed. In the Moscow Prosecutor’s office also promptly responded to the request stating whether in the Supervisory Agency a statement of the Fund.
Security without a contract
ORR “Cossack guards” started to guard the Moscow courts in late 2015, after the reduction of the staff of private security MIA. In November, the judicial Department under the Supreme court confirmed that the Cossacks took custody of 10 capital ships. The money for the protection of the “Cossack guards” received under the state contract concluded for the term until 31 December 2015. The contract price was 3.3 million rubles.
In January it became known that the Cossacks took under protection all 34 of the building of the Moscow district courts, information about this was confirmed in the press service of the Moscow city court. Now the courts 140 full-time guarding of the Cossacks, their duties include perimeter security of buildings.
No information about the new contracts on the public procurement portal appeared. Deputy General Director of Judicial Department at the Supreme court Alexander Parshin has explained in January that the capital management of the Department so far only reported the old contract for two months on guard of ten ships.
“Any violations at the conclusion of this contract are clearly present, – considers the Deputy Director of Transparency International — Russia Andrei Jvirblis. — The situation with the sole supplier in this case should not be applied. In Moscow, hundreds of security companies”. According to Jvirblis, the protection of the courts should not be parties to organizations.
According to Sable, in the case of detected violations the Supervisory authority recognizes the first government contract is illegal and imposes a fine. Until all appeals of the lawyers of FBK in this part are met, notes Sobel. The second stage is more difficult is the termination of the contract. The contract is not automatically terminated with this initiative can be a Prosecutor and to go to court, but in November of 2015 BCF failed to achieve any cancellation of the contract.
“We are fighting to stop the practice of Contracting for emergency situations. This is a loophole in the law, that is used by officials, and circumvent the requirement for public competitions: we found more than 100 customers of emergency situations at different amounts, said Sobol . — We have a system solution to this problem, which we introduced to the Ministry of economic development, but until it is implemented, we fight with each contract separately.”