August 5th, 2013 filed with the prosecutor's office Primorye

August 52013 the prosecution of Primorsky Krai appealed the decision of the Arbitration Court of Primorye to reject the demands of the prosecutor to invalidate the auction of mining rights of the Kamchatka crab, conducted Rosrybolovstva Primorye territorial administration in November 2012 which was won by two companies: Ltd. "Aquaresources-DV" and LLC "Typhoon". The story RIA «VladNews» already told repeatedly. In July, the Court of Arbitration of Primorsky Krai acknowledged unsubstantiated arguments of the prosecutor abuse bidding procedures, citing the formal presentation, LLC "Aquaresources-DV" whole "package" of documents provided by the auction documentation, and also pointed to the absence of violations of the public interest, because, According to the Court, in the present case there is a dispute of private interests of individual entities whose application for participation in the auction were rejected. With the prosecutor's office said the judicial act of Primorsky Krai not agree, believes that in that case, the court incompletely elucidated circumstances which are important for making a lawful and reasonable decision, the court did not apply the law to be applied, as well as a violation of procedural rules entailing unconditional waiver of the act. Thus, the court, without giving reasons were critically evaluated evidence presented by the prosecutor that the company "Aquaresources-DV" did not meet the conditions of tender documentation, namely: do not harvest (catch) of king crab to 31 December 2008. and did not have a contract with the scientific organization in force before the deadline. Moreover, contrary to the principle of immediacy of the trial, the court rejected the prosecutor's request to question witnesses that during the investigation of the criminal case filed against the head of Territorial Administration of Primorsky Fishery Agency, gave evidence indicating serious violations of the tender procedure. Violation of the public interest in the preparation and conduct of the controversial auction was expressed in the following trading Ltd. 'Aquaresources-DV "and LLC" Typhoon "was awarded a production (catch) aquatic biological resources, which are the property of the Russian Federation, banned harvest (catch). During the consideration of the case prosecutor filed a petition for notification of the Russian Federation represented by the Ministry of Agriculture of the Russian Federation, in the production of a Court of Arbitration of the case and the possibility of joining it as a plaintiff. However, the petition by the trial court was rejected and agreed decision on the rights and obligations of persons not involved in the case, that, by virtue of paragraph 4 part 4 st.270 APC is an unconditional basis for cancellation of the judicial act.

Ivan the Terrible, RIA «VladNews»