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Мінюст переховав СЕТАМ у Нацагентстві юриста Петренка напередодні розгляду монополії в АМКУ

Мінюст переховав СЕТАМ у Нацагентстві юриста Петренка напередодні розгляду монополії в АМКУ

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by Февраль 8, 2019 Новости

Кабінет міністрів передав держпідприємство СЕТАМ із сфери управління Міністерства юстиції до сфери управління Національного агентства з питань виявлення, розшуку та управління активами, одержаними від корупційних та інших злочинів (АРМА).

Відповідне розпорядження уряд прийняв на своєму засіданні 6 лютого.

З розданих на засіданні Кабміну документів відомо, що з питань передачі СЕТАМ до Мін’юсту у грудні 2018 року звернулася сама АРМА.

У пояснювальній записці вказано, що передача СЕТАМ сприятиме роботі органів досудового слідства, прокуратури та суду, зокрема, зі зберігання речових доказів.

Також в пояснювальній записці Мінюст вказав, що нині в управління АРМА передано понад 500 об’єктів нерухомого майна та понад 200 об’єктів рухомого майна. Єдиним конкретним прикладом була названа резиденція «Межигір’я», де під управлінням АРМА перебуває 4 тисяч об’єктів: витвори мистецтва та обладнання, меблі, колекційний алкоголь та інше.

Нагадаємо, 31 січня уряд прийняв зміни до розпорядження №212 від 11 березня 2015 року, яким Мін’юсту дозволялось самостійно визначити власне держпідприємство організатором електронних торгів по реалізації арештованого майна. Зміни передбачають, що для визначення організатора тепер треба провести конкурсну процедуру відбору організатора електронних торгів. Також було визначено критерії, яким має відповідати організатор торгів:

  • наявність у власності електронної торгової системи, що використовує криптографічну технологію Blockchain;
  • здатність електронного торгової системи здійснювати підключення електронних майданчиків до центральної бази даних систем електронних торгів через протокол програмного обміну (API);
  • наявності у організатора можливості надавати послуги зберігання та транспортування арештованого майна на всій території України, а також пов’язані послуги (навантаження, розвантаження, тощо), зокрема шляхом залучення за договором підрядників, які надають вказані послуги.

Сьогодні таким критеріям відповідає поки що лише СЕТАМ, його монопольне становище обумовлене рішенням Міністерства юстиції Павла Петренка про наділення підприємства виключними повноваженнями. Урядове розпорядження зобов’язало Мінюст також визначити критерії для підприємств та ФОП, які будуть залучатися використовувати електронну систему торгів СЕТАМ на підставі агентських та партнерських договорів.

У 2016 році Антимонопольний комітет рекомендував Мінюсту дозволити проводити електронні торги по продажу арештованого майна не тільки через СЕТАМ. Мінюст проігнорував ті рекомендації. Відтак АМКУ у 2017 році відкрив розгляд справи за ознаками вчинення Міністерством юстиції порушення законодавства про захист економічної конкуренції. Засідання АМКУ по питанню монополії СЕТАМ заплановане на 28 лютого.

АРМА очолює Антон Янчук, який до цього працював заступником міністра юстиції Павла Петренка, в 2008-2013 роках був старшим юристом ТОВ «Адвокатська компанія «МЛГруп», власником якої був сам Павло Петренка до призначення міністром. У цієї ж фірми він вже будучи міністром орендувававтомобіль.

Зміна уряду та можлива відставка Павла Петренка з посади міністра за результатами парламентських виборів 2019 року не призведе до автоматичної відставки Антона Янчука з АРМА, оскільки згідно закону його на посаду призначено у 2016 році терміном на п’ять років. Підставою для звільнення є смерть, відставка за власним бажанням, вирок, а також висновок зовнішньої оцінки про неефективність діяльності Національного агентства та неналежне виконання обов’язків його головою.

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