Company of son of Yakunin’ friend to stay contractor of the Russian Railways: the Court refused to cancel the contract
The Federal Antimonopoly Service’s claim, trying to argue the agreement between the Russian Railways and the USK 1520, has been denied. The complaint was filed by the NST Group, which has not even participated in the tender.
The USK 1520 Company, chosen by the Russian Railways for execution of works at the Baikal-Amur railway and the Trans-Siberian railway in the autumn of 2014, belongs to the 1520 Group of Companies. It is controlled by four influential businessmen. One of them is Aleksey Krapivin, whose father is a former adviser of Vladimir Yakunin. As it turned out, Krapivin Jr. is a very successful entrepreneur. According to the documents of the Mossack Fonseca, he also manages the PJSC Bamstroymekhanizatsiya.
This company is the largest contractor of the Russian Railways, which together with another company received 177.3 billion rubles from 301.3 billion rubles budget for reconstruction of the Baikal-Amur railway and the Trans-Siberian railway during the tenders in 2014. The company will continue its work with the Russian Railways in the future.
The main argument of the Court of Appeal is the fact that the complaint to the Federal Antimonopoly Service was filed by the NST Group Company, which even did not participate in the tender, and, accordingly, could not contest the results. The chances of the the Federal Antimonopoly Service to win the case were high: according to the rules, complaint on a contractor can be filled by a tender participant or public organization, acting in the interests of one of the contestants.
The NST Group, as it turned out, even in theory, could not participate in the tender: the company did not have any admission neither to geodesic, nor earth, nor to any other work. Owner of the company Stanislav Matyash is a manager de jure. And he has no clue about what is going on in the company.
Modernization of the Baikal-Amur railway and the Trans-Siberian railway, probably, the most expensive project in the history of the Russian Railways, was started by former President of the company Vladimir Yakunin. Contractors ,who have won the tender, were so confident of their victory that had already started its implementation, not even waiting for the end of the contest.
The Deloitte company, examining estimates, came to the conclusion that budget of the construction could be cut almost in half: from 19.2 billion rubles to 10,7 billion rubles. Unfortunately, it appeared to be impossible to put it in practice. When the audit was over, many facilities had already been built. Apparently, this is what the Court meant, when stressing that, despite all the claims, the USK 1520 implemented the contract by constructing objects worth almost 7.5 billion rubles at the end of 2015.