The antimonopoly committee fined "Nikolayevgaz" 100 thousand UAH

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JSC Nikolayevgazit is fined for violation of the anti-competitive legislation, in particular that among expenses of customers on receiving from "Nikolayevgaz" of specifications "the blagotovritelny help" in the form of otpugivatel of dogs, Lanos cars, spare parts for the Muscovite car, laptops and office equipment appears.

Today in Nikolaevsk regional office of antimonopoly committee of Ukraine there passed administrative board on which case on violation of JSC Nikolayevgaz of the anti-competitive legislation was considered.

As noted during the report the deputy of the Nikolaev office of AMKU Victor Volik, only "Nikolayevgaz" performs works on connection of consumers to existing gas systems in the Nikolaev area.

In particular, the question of observance of the competitive legislation of JSC Nikolayevgaz in legal relations which arise between it and subjects of managing - customers of the specifications (S) on gasification of objects belonging to them was considered.

These legal relationship are regulated by the following regulations: The law of Ukraine "About planning and building of territories", the Law of Ukraine "About architectural activity", the resolution of the Cabinet of Ukraine of 20.12.99 No. 2328 "About a granting order architecturally - a planning task and specifications on engineering support of objects of architecture and determination of the size of a payment for their delivery".

"By provisions of part 5 of the Art. of 27 "About Planning and Building of Territories" STORAGES it is provided that the basic data specified in THOSE which are provided by the enterprise, requirements to share participation of customers can be defined on development inzhenerno - transport and social infrastructure of settlements also.And in the subparagraph) point 19 of the resolution KMU No. 2328 it is defined that in THAT justification of share participation of the customer in development or reconstruction of system of the corresponding networks of the settlement" is defined, - Victor Volik reported.

So, the applicant in business - the representative of a livestock farm "Technical honey - the South" told that for delivery of TU it was necessary to transfer to "Nikolayevgaz" sensors of pressure in number of 10 pieces 3 thousand UAH everyone before coordination of project documentation. He appealed to the engineer of "Nikolayevgaz" to exclude this point from TU, but to its address didn't react.

According to Victor Volik, "Nikolayevgaz", since August, 2008, the majority of customers of TU - subjects of managing with reference to item 19 of the resolution KMU No. 2328 obliged to acquire for it office equipment of concrete brands and models, computers, including laptops, printers, other equipment and the equipment, conditioners, double-circuit coppers, pressure sensors, punchers, spare parts for the Muscovite car, working tools, fire extinguishers, otpugivatel of dogs, paint. "Organik Sistems" in TU of "Nikolayevgaz" expressed to a farm a request to provide two Lanos cars as the charitable help to metrological service.

The requirements of "Nikolayevgaz" stated above were fulfilled by a number of customers. One of customers of TU in the appeal to "Nikolayevgaz" notes that total amount of its expenses on TU delivery, implementation of project works, examinations and contractual price of connection as a whole was smaller, than the cost of implementation of the corresponding point of TU given out to it (to SPD Moysol). In some cases customers were compelled to refuse gasification, without having opportunity to incur such expenses.

According to AMKU, not only in Nikolaev, but also on area occurs similar through regional offices of "Nikolayevgaz". No calculations, criteria by which the cost of the equipment of the TU points is determined, are provided.

In case of not implementation of this TU points, the service doesn't accept object in operation.

"Such actions wouldn't be possible in the presence of other suppliers of these services, the customer could choose", - V. Volik noted.

The head of legal department of "Nikolayevgaz" Evgeny Inozemtsev noted that AMKU incorrectly equated share participation of the customer with expenses on TU delivery, implementation of project works, examinations.

The specialist of the National commission of regulation of power industry in the Nikolaev area Lyubov Fedorova who was present on board, couldn't explain how it is correct to treat the resolution of Cabinet of Ministers and, in particular, share participation. For what the state authorized AMKU Adeksandr Voznyuk who has specially arrived to board from Kiev, scolded NKRE and declared that the antimonopoly committee isn't happy with work of NKRE which doesn't fulfill the obligations fully.

The deputy head of board of "Nikolayevgaz" on legal issues Lyudmila Anatolenko told that the enterprise has no funds for the maintenance of gas systems and the networks, all means leave to the state, NAK "Neftegaz" which owns 50% + 1 action of "Nikolayevgaz", owes them about 30 million UAH for gas transportation.

The chief engineer of JSC Nikolayevgaz Vladimir Pokotilov assured that all above actions of the enterprise are made only in interests of consumers, after all it is a question of their safety, and remembered a case with gas explosion in the multi-storey building in Dnepropetrovsk.

But arguments of representatives of "Nikolayevgaz" antimonopoly committee didn't convince. As a result, JSC Nikolayevgaz is fined 100 thousand UAH for abuse of a monopoly position. In 2 - monthly term the enterprise is obliged to suspend violations.

Evgeny Inozemtsev told that "Nikolayevgaz" intends to appeal against this decision in court.

Shareholders of the Nikolayevgaz company are NAK "Neftegaz of Ukraine", JSC GAZTEK and JSC Interregional Share Union.

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