In Dagestan, the independent car park is still blocked

Information has appeared in Dagestan media that the Limited Liability Company (LLC) "RDR" resumes its work. However, the territory of the LLC is overcrowded with fixed-route minivans ("marshrutkas") and with almost the same number of militiamen, who have blocked the territory of the car park. The correspondent of the "Caucasian Knot" asked Isalmagomed Nabiev, chairman of the Independent Trade Union of Entrepreneurs and Drivers of Dagestan, to comment the situation.

"The LLC "RDR" was engaged in transporting passengers from August 1997 to October 2003. This is a statutory activity of the enterprise confirmed by the respective bodies of state power and authorized by a legitimate license on execution of this activity and by all legitimating documents both on fixed objects and on the land plot owned by the LLC "RDR," there are also conclusions of the state control and supervisory bodies awarding the right to execute the said activity type. Moreover, we have a judgement of the Federal Arbitration Court of the North-Caucasian Region that came into its legal force. Certain points of this judgement run as follows: "...the automobile stations "Profsoyuznaya" (LLC "RDR"), "Anzhi" and the Central Bus Station of Makhachkala "Severny" (North) are not referred to accidental (spontaneous) car parks."

"What does it mean?"

"It means that from the very beginning the court found the actions to close the park to be illegal, since only accidental parks were closed. And "RDR" was not illegal.

Even when both auto stations - "RDR" and "Severnaya" - were functioning, the drivers earned some 25,000-30,000 roubles per month, and the profitability level was 80-100%. With closing the "RDR" and market monopolization, the competitors managed to force up prices more than twice, therefore, their annual revenues reach 500,000-600,000 roubles, and the profitability rose to 200-300%. As to the population, according our figures, they are paying extra over 200 million roubles per year.

The auto station was illegally closed in October 2003 on an invented pretext. The alleged motive was that our auto station was "spontaneous and not responding to the law." These actions were illegal from the very start. They were stimulated by the interests of certain persons, who lobbied these personal interests in the administration of the city. In its turn, the administration of the city also had no right to do it. However, having perverted certain provisions of Russian laws, they did it. We mean, in particular, point 20, Article 6 of the Federal Law (FL) No. 154 FL, according to which among the authorities of local self-government was "organization of transport servicing of the population and municipal institutions..." A similar norm was present also in the other law that was in force till January 1 this year. This is point 6, Article 72, of the Federal Law No. 1550-1 of July 6, 1991, stating that the city administration shall "...organize and control servicing of passengers at railway stations, quays and airports." These laws have been cancelled starting January 1 this year, and now the authorities of municipal bodies comprise only "creation of conditions for rendering transport services to the population and organization of transport servicing of population within the boundaries of the settlement" (point 7, Article 16 of the Federal Law No. 131 FL "On General Principles of Local Self-Government in the Russian Federation"). It means that local administration has the right to control only the passenger transport that functions within the borders of the controlled territory. Therefore, upon cancellation of the powers of the head of administration, all the normative acts that were based on these laws are automatically cancelled. Thus, there are no obstacles to our activities."

"Do you really think that the interested bureaucrats would not find other creepholes in Russian and Dagestan legislation, and would nor hamper you?"

"As to creepholes in the legislation, they are engaged in it as well. One of such actions was presentation to the parliament of Dagestan of a bill "On Transport in the Republic of Dagestan." According to this bill, the current carriers (our competitors) fixed their monopoly right on this activity. However, president Mukhu Aliev sent it back to the government for updating. We hope that the government of the Republic will also treat it objectively and give up the idea to adopt it. But this is not the only danger. The danger is that our leaders need no laws, when their interests are at stake. In this case, huge sums of money are in play. After the closure of our auto station, the owners of the "Severnaya" auto station are earning about 24 million roubles per year, of which only 5% are legitimate incomes."

"What is the current situation around the auto station?"

"A united regiment comprising district inspectors, on duty post servants ("DPS"), GIBDD headquarter employees and members of the patrol-post service ("PPS") is arriving at 5 a.m. to the territory of the LLC "RDR" and completely block it with their cars. They park their cars in such a manner that not a single van with passengers is able to leave the territory. Besides, they do not allow unloading passengers from the city fixed-route vans. To justify their force actions, they refer to the absence of the necessary documents with us. But we have all the documents required for all passenger carriers. Even more than the others do. It's just nonsense and stupidity. We feel that they have received a firm instruction to ban our activities. It was seen at the meeting at the GUVD (Interior Headquarters) of Makhachkala. They didn't even look into our documents, including the judgement of the North-Caucasian Arbitration Court."

"A lot is said about the allegedly "official status" of the "RDR" auto station. According to the law, passengers may be loaded at central auto stations, auto stations, auto pavilions and auto parks. Besides, passengers may be picked up along the route. This is point one. Second: in our Republic only cities and towns have official auto stations. While in district centres and villages, where we have our official routes, there are even no auto pavilions and parks, to say nothing of stations. The percentage ration is 0.5% to 99.5%. Why on the way back passengers may take vans where they wish, while in Makhachkala they must use official auto stations? Third: our loading platform responds to all available requirements. And we have all the necessary documents on it (fire inspection, sanitary and epidemiological supervision, ecological supervision, etc.), and on the basis of these documents, a license was granted to us on this activity. Fourth: the legislation divides passenger transportation into the following types: regular routes, non-regular (occasional) trips and commercial trips. We have the right to choose the type of transportation to our discretion. Fifth: the land plot and the real estate on it are private property. And the owner thereof, according to paragraph 1, Article 35 of the Constitution of the Russian Federation, "may have property in ownership, possess, use and command such property..." Therefore, there are no grounds, apart from selfish personal interests of a certain circle of persons, for prohibiting our activities. There are tens and hundreds shops, markets, fuelling stations, which are competing with each other. And no administration, militia or other bodies do not interfere, while providing them chances to be freely competitive."

"What are your future actions?"

"We lodged an application to Dmitri Kozak, plenipotentiary representative of the RF president for the SFD, Mukhu Aliev, Dagestan president, Yaraliev, Dagestan Prosecutor, and Magomedtagirov, Minister of the MIA, which, in particular, runs that the drivers-entrepreneurs, who are 236 persons in total, have been driven to despair and intend to counteract the voluntary actions of militiamen by their own. We cannot exclude declaring a hunger strike in the nearest future in protest of voluntarism of the authorities."

We remind you that the independent auto station LLC "RDR" was engaged in inter-city passenger transportation in Dagestan from August 1997 to October 2003. According to Jabrail Rizvanov, director of the enterprise, "they had a respective license on executing this activity, all the legitimate documents both on capital objects and on the land plot, and conclusions of federal state control and supervising bodies. But in October 2003, under the pretext that the auto station was "spontaneous and not responding to the requirements of the law," it was closed."