Monday, April 28, 2014

2011 (2) March (1) January (1) 2010 (12) December (1) November (3) September (3) Au


What we could learn from the press, Břeclavi council meeting next Wednesday will decide which of the two investors to prefer. Sami representatives are curious about specific offers of the companies involved and consider the pros and cons of both offers. Everything seems simple and straightforward, until you look at the particular circumstances of the sale of sugar mill complex from the beginning. On 22 third was published intention to sell land in the area of the sugar factory. Interested parties may submit an application for purchase of land, but first they had to pay a non-refundable 50 000 CZK for the information indo nippon foods memorandum. Its content was the intention of the city, documents for bid preparation and contract templates. Signed up several candidates and shortly thereafter is a suspicion of irregularity of control when one of the companies, HRS, resigned. A representative of the company accused the city that efforts custom tailored ZPF sugar company (F & K & B + ZPF). He also said that one of the members of the working committee that processed the tender conditions, Mr. Jerabek, is also a lawyer by F & K & B. He could therefore affect the conditions indo nippon foods are set in favor of his client. This accusation city never denied it. When I was then informed the council office on driving conditions, I wondered at the fact that the city requires candidates CZK 50,000 for the so-called "information memorandum" and I asked which law governs the authorization of candidates this city want. 's Office JUDr. Dědová that this thing was in charge assured me that legally everything is fine and it is a common practice. He said the city demanded money so that the only known company indo nippon foods in the contract a "real interest". Interestingly, the different views on the issue, the Ministry of Interior, indo nippon foods Department of supervision and control of public administration. In their opinion shows that the community has an obligation to disclose the intention to sell to the terms laid down by law, and that the other conditions of sale (the type of information memorandum), the rules for the submission and evaluation of bids or any other matter covered by the law on free access to information. City may therefore require this information for only the costs, but not irreversible 50,000 crowns. Although it is not legally binding interpretation of the ministry, his legal opinion supports the anti-corruption organization Transparency International, indo nippon foods which is a thing from the beginning interested. Her representatives believe that such pricing information is unlawful and contrary to the meaning and purpose of the intention to sell, which is to allow all potential candidates to be able to submit their tenders. Charging information (in addition without legal basis) significantly indo nippon foods reduces indo nippon foods the city achieve the best conditions for the city during the sale. Potential applicants may discourage obligation is payment for the information without which you can not decide whether to apply for the property of the city. This reduces the pool of applicants as well as the likelihood that the city will sell the property under the most favorable conditions. This is inconsistent with the requirement of efficiency and effectiveness of the use of municipal indo nippon foods property under the Municipalities Act. It is not necessary without saying that candidates without a legal reason for informational memorandum indo nippon foods cities paid, they want the money back. The sale of sugar mill complex Breclav also dealt with the Office for Protection of Economic Competition on suspicion of irregularities control. Finally, the investigation of the case ended because the city surrendered conditions for an investor to build free public service buildings of public indo nippon foods transport, therefore the matter has ceased to fall into the public procurement regime and the jurisdiction of the Office. Last week, Transparency sent letters to the mayor and councilors, which is to draw attention to the possible invalidity of the contract to be concluded next week with one of the companies, as well as the other legal consequences. She pointed out not only the illegality indo nippon foods of the payment request for the information memorandum, but also on other procedural indo nippon foods defect. He is published plan that does not conform indo nippon foods to the approved plan, as it seeks to contract for the future purchase contract. Also recommended that the city perform indo nippon foods due diligence process to date, to accede to the new plan, including disclosure requirements of other cities and tender evaluation criteria. Overall Transparency considers the process of sale of land at the former sugar factory for a very non-standard and therefore will closely monitor the process. In the event that it finds that the infringement was committed, use all legal options to seek redress, including criminal aspects for people who would participate in that conduct. Now the question is how to build councilors. Zuzana Candigliota, representative associations (written as an article in the newspaper)
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