Court invalidated the results of the abolition of the Viciebsk city executive committee of the contest for the right to transport on the route №99t, but the owner of PUE "Guarantee SV" Valery Stepanov, who won the competition in February 2015, still cannot release their bus on the line.
February 12, 2015 at a meeting of PUE "Guarantee SV" announced the winner of the tender for the right to transport on the route №99t of 12 lots. But on March 2 competitive commission reversed its original decision on the winning Stepanov's firm, citing the allegedly false information in the tender documents winner.
The carrier, which from under the noses taken away tasty route, did not leave the matter and began to apply to the various authorities. As a result, against the former chief of the utilities Viciebsk City Executive Committee Valery Kirsanov, initiated a review of the results of the tender, in June opened a criminal case under part 2 of article 426 of the Criminal Code (abuse of power committed by mercenary or other personal interest).
"At the same time, achieving the abolition of the Commission's decision, the suspect has taken active measures, which contributed to the conclusion of the agreement on the organization of transport in the city of Viciebsk with the private unitary transport enterprise, headed by a close friend of the official" – said in a press release of the Investigative Committee. "With his illegal actions officer caused substantial harm to the rights and legitimate interests of citizens. At present, work on the criminal case continues, question witnesses, documentary scheduled inspection, all the necessary initial investigative actions," – said the official representative of USC in the Viciebsk region Inna Gorbachev.
Then, on June 23, after two sessions of the court annulled the decision of the executive committee of the cancellation of the tender, gave the victory to the owner of PUE "Guarantee SV" Valery Stepanov. August 6 appeal hearing on the case, which resulted in a court decision in favor of Stepanov remained in force.
After receiving the appeals session, the owner of the company went to the city council to conclude the contract for passenger transport on the route №99t. However, according to Valery Stepanov, officials turned him down, saying that previously concluded contracts with the carriers operating today, which announced the winners after the lifting of the victory of the "Guarantee SV" cannot be avoided. According to his opinion these contracts are not valid under Article 419 of the Civil Code, which states that the recognition of trades invalid shall entail the invalidity of the contract entered into with the person who won the auction.
The city executive committee, according to Stepanov, in turn, relying on Articles 421 and 422 of the Civil Code, considers that termination of the contract with the carriers is possible only through the courts due to the significantly changed circumstances that, according to officials, was the judgment in favor of PUE "Guarantee SV".
news.vitebsk.cc
