On Natural Monopolies

Original Language Title: О естественных монополиях

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RUSSIAN FEDERATION FEDERAL LAW About natural monopolies Adopted by the State Duma on July 19, 1995 of the laws of 8 August 2001 N 126-FZ , 30.12.2001 N 196-FZ; dated 10.01.2003 N 16-FZ; , 26.03.2003 N 39-FZ; dated 29.06.2004 N 58-FZ; 31.12.2005 N 199-FZ; from 04.05.2006 N 62-FZ; dated 29.12.2006 N 258-FZ; from 18.10.2007 N 230-FZ; of 08.11.2007 N 261-FZ; of 25.12.2008 N 281-FZ; of 11.07.2011 N 190-FZ; dated 18.07.2011. N 242-FZ; , 19.07.2011 N 248-FZ; of 06.12.2011 N 401-FZ; of 25.06.2012 N 93-FZ; dated 28.07.2012; N 132-FZ; of 30.12.2012 N 291-FZ; 05.10.2015 N 275-FZ Chapter I. General provisions Article 1. The purpose of this Federal Law This Federal Law defines the legal basis of federal policy regarding natural monopolies in the Russian Federation and aims at achieving a balance of interests of consumers and actors natural monopolies, ensuring the availability of their consumer goods and the effective functioning of natural monopolies. Article 2. Scope of this Federal Law This Federal Law applies to the relations that arise in the commodity markets of the Russian Federation and in which the subjects of natural resources are involved. Russian monopolies, consumers, federal executive bodies, the executive authorities of the constituent entities of the Russian Federation and local authorities. The regulation of natural monopolies provided for by this Federal Law may not be applied in areas other than natural monopolies, except in the case of Federal laws. Article 3. Definitions of basic concepts For the purposes of this Federal Act, the following definitions of basic concepts are applied: natural monopoly-the state of the commodity market where meeting demand in this market more efficient in the absence of competition due to technological characteristics of the production (due to the significant reduction in production costs per unit of goods as production increases) and the goods produced by the natural persons Monopolies cannot be replaced by other goods, and therefore The demand in this commodity market for goods produced by natural monopolies is less dependent on price changes than the demand for other types of goods; in the production of goods under natural monopoly; (In the wording of Federal Law of 25.12.2008). N 281-FZ Consumer is a natural or legal person who acquires the goods produced (implemented) by the subject of the natural monopoly; A person authorized to perform without power of attorney on behalf of the subject of the natural monopoly (another economic entity). The concepts of "goods", "commodity market", "economic entities", "group of persons" are applied accordingly in the values specified in Article 4 of the RSFSR Act. " On Competition and Restrictions on Monopolistic Activity in Commodity Markets. Understanding the Rail Infrastructure "The transport of public transport shall be used in the meaning referred to in Article 2 of the Federal Law" Railway Transport Statute of the Russian Federation ". (Part added is the Federal Law of 10 January 2003. N 16-FZ) Article 4. Areas of activity of natural monopolies 1. The Federal Law regulates the activities of natural monopolies in the following areas: (In the wording of the Federal Law dated 10.01.2003 N 16-FZ ) transportation of oil and oil products via main pipelines; transportation of gas through pipelines; (Deleted-Federal Law dated 26.03.2003. N 39-FZ) rail transport; services in transport terminals, ports and airports; (In the wording of Federal Law dated 08.11.2007 N 261-FZ ) Public telecommunications and public postal service; (Federal Act from 31.12.2005 N 199-FZ ) electric power transfer service; (Paragraph added is the Federal Law of 26.03.2003). N 39-FZ)service control in the electric power industry; (Paragraph is added-Federal Law , 26.03.2003 N 39-FZ ) Thermal energy transfer services; (Paragraph is supplemented by Federal Law of 26.03.2003). N 39-FZ) services for the use of inland waterway infrastructure; (Paragraph added-Federal law from 31.12.2005 N 199-FZ to dispose of radioactive waste; (Paragraph added is the Federal Law of 11 July 2011). N 190-FZ) Water and Waterworks using centralized systems, public infrastructure systems; (Paragraph added is the federal law dated 06.12.2011 N 401-FZ) Ficlice of vessels, ice pilotage of ships in the waters of the Northern Sea Route. (The paragraph is amended by the Federal Law of 28 July 2012). N 132-FZ) 2. In accordance with the decision of the Government of the Russian Federation, the demonopolization of the rail transport market is proceeding from regulation of activities of natural monopolies in the field of rail transport. Regulating the activities of natural monopolies in the provision of public transport infrastructure services. (The paragraph is supplemented by the Federal Law of 10 January 2003. N 16-FZ)3. It is not permitted to contain the economically viable transfer of the natural monopolies referred to in paragraph 1 of this article from the state of the natural monopoly determined in accordance with the second part of article 3 of the present article. Federal law, into a competitive market. (The paragraph is supplemented by the Federal Law of 10 January 2003. N 16-FZ Article 5. The bodies that regulate the activities of the subjects natural monopolies 1. In order to regulate and control the activities of natural monopolies, the federal executive authorities for the regulation of natural monopolies (hereinafter referred to as natural monopolies) are formed in the manner established for the regulation of natural monopolies. of the federal executive branch. 2. The natural monopoly regulators have the right to establish their own territorial bodies and exercise their powers within their competence. 3. The executive authorities of the constituent entities of the Russian Federation carry out State regulations in the field of State regulation in accordance with the procedure established by the legislation of the Russian Federation. (...) (...) N-FZ) (In the wording of Federal Law No. N 242-FZ Chapter II. State regulation and state control (supervision) in the spheres of natural monopoly (In the wording of Federal Law dated 18.07.2011 N 242-FZ) Article 6. Methods for regulating the activities of subjects natural monopolies The regulation of natural monopolies can be used to regulate the activities of natural monopoly entities (hereinafter referred to as "methods"). Regulation): Price regulation implemented through the definition (s) of prices (tariffs) or their ceiling; definition of consumers subject to mandatory service, and (or) establishment the minimum level of their security in case of impossibility The full satisfaction of the needs of the goods produced by the natural monopoly, taking into account the need to protect the rights and legitimate interests of citizens, ensure the security of the State, protect nature and the cultural ones. Values. The right of access to the system of Russian trunk pipelines and terminals in the export of oil outside the customs territory of the Russian Federation is provided to oil and gas companies. In accordance with the established procedure, as well as the organizations that are major societies in relation to the oil producing organizations, in proportion to the volume of oil produced in the pipeline system, throughput of trunk pipelines (based on their (...) (...) (Part of padded-Federal Law of 08.08.2001) N 126-FZ; in the wording of the Federal Law of 04.05.2006 N 62-FZ) List of goods (works, services) of subjects of natural monopolies, prices (tariffs) regulated by the state, and the order of state regulation of prices (tariffs) for these goods (work, The Government of the Russian Federation approves the basis of pricing and rules of state regulation. (Part completed-Federal Act of 31 December 2005 N-FZ) (In the wording of Federal Law of 25.06.2012 N 93-FZ ) State regulation of prices (tariffs) for goods (work, services) of natural monopolies in water supply and water management using centralized systems, systems The public infrastructure is implemented in accordance with federal laws. (Part of the addition is the Federal Law of 6 December 2011. N 401-FZ) Article 7. State control (Supervision) in the areas of natural monopoly (In the federal law from 18.07.2011 N 242-FZ 1. In order to conduct effective public policies in the areas of natural monopolies, natural monopoly regulators perform State control (supervision) for actions that are committed either with or with respect to natural monopolies and which may be the result of infringement of the interests of consumers of the goods for which regulation under this federal law applies, or Deterring the economically viable transition a commodity market from a state of natural monopoly to a competitive market. (In the wording of Federal Law No. N 242-FZ 2. Natural monopoly regulators perform State control (supervision) for: (Federal Law from 18.07.2011 N 242-FZ any transactions that result in a natural monopoly that has an income from activities in natural monopolies over 1 per cent of its total volume of the Convention on the Rights of the Sea). by law, if the carrying value of such fixed assets exceeds 10 % of the cost of equity of the natural monopoly over the last approved balance; (In the wording of Federal Law from 05.10.2015 N 275-FZ) investments by the subject of the natural monopoly, whose income from activities in natural monopolies exceeds one per cent of its total revenue, into production (sales) of goods for which regulation under this Federal Law is not applied, and which account for more than 10 per cent of the value of the natural capital's own capital by the latter approved Balance; (In the wording of Federal Law dated 05.10.2015 N 275-FZ) sale, lease or other transaction, as a result of which a business entity acquires the right to own or own and (or) use some of the principal means of the natural monopoly, for the production (s) of goods subject to regulation under this Federal Act, if the carrying amount of such fixed assets exceeds 10 per cent of the value of its own capital subject of natural monopoly over the last approved balance class="ed"> and if, as a result of this acquisition, a business entity's revenue from natural monopolies will account for more than 1 per cent of its total income; (Federal Act dated 05.10.2015 N 275-FZ) Establishment and (or) application of prices (tariffs) in the activities of natural monopolies referred to in Article 4 of this Federal Law (hereinafter referred to as regulated areas of activity); (The paragraph is amended by the Federal Law of 18 July 2011). N 242-FZ)compliance with disclosure standards by natural monopolies. (The paragraph is amended by the Federal Law of 18 July 2011). N 242-FZ 3. In order to perform the actions specified in paragraphs 2-4 of paragraph 2 of this article, the subject of the natural monopoly is required to submit to the appropriate regulation of the natural monopoly an application for consent to commit such acts and to provide the information necessary for the decision to be taken. (In the wording of Federal Law No. N 242-FZ) The requirements for the content and form of such information, as well as the procedure for processing the application, are determined by the rules approved by the appropriate natural monopoly regulation. The Natural Monopoly Regulation Authority is entitled to refuse an application if its stated actions may have adverse effects as specified in paragraph 1 of this article and in cases where the applicant has It is not true that all the necessary documents have been submitted, or they have been found to be unreliable. The Natural Monopoly Control Authority shall notify the applicant in writing of its decision-consent or refusal in writing, no later than 30 days from the date of receipt of the application. Refusal to be motivated. In the event that additional information is required for a decision, the regulation of the natural monopoly is entitled to request it from the applicant and to increase the time limit for processing the application for 30 days, provided that the request is made with The notice of extension of the application shall be communicated to the applicant not later than 15 days from the date of receipt. If, within 15 days of the expiration of the processing of the application, the response of the natural monopoly regulation is not received or the request is rejected on grounds that the applicant considers to be illegal, The complainant has the right to apply to the court for the protection of his or her rights. 4. Spil-Federal Law of 05.10.2015 N 275-FZ) 5. State control (supervision) in the spheres of natural monopolies is carried out by the federal executive authorities (the federal state control (supervision) and the executive authorities of the constituent entities of the Russian Federation) (regional State control (supervision) (hereinafter referred to as State control (supervision)) according to their competence in accordance with the procedure established by the Government of the Russian Federation and the highest executive body of the State of the Russian Federation (The paragraph is amended by the Federal Law of 18 July 2011). N 242-FZ6. The provisions of the Federal Act of 26 December 2008 N 294-FZ apply to relations relating to the exercise of State control (supervision) in the areas of natural monopolies, organization and conduct of inspections of natural monopolies "Protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control", taking into account the peculiarities of the organization and carrying out of checks established by the legislation of the Russian Federation in relation to antimonopoly control, as well as the characteristics of the The organization and conduct of inspections established by paragraphs 7 to 9 of this article. (The paragraph is amended by the Federal Law of 18 July 2011). N 242-FZ) 7. The subject of verification is the observance by the subject of a natural monopoly in the process of carrying out its activities, the requirements established by this Federal Law, other federal laws and other normative legal acts of the Russian Federation. Federations in the regulation of natural monopolies, including requirements for the establishment and (or) application of price (tariffs) in regulated areas of activity in the determination of the reliability, economic validity of costs and other indicators, (e) Price (s) taken into account in the State regulation of prices (tariffs) The economic validity of the actual consumption of funds in the implementation of regulated activities, the correctness of the use of state regulated prices (tariffs) in the areas of natural monopolies, as well as compliance with the standards Disclosure by natural monopolies. (The paragraph is amended by the Federal Law of 18 July 2011). N 242-FZ) 8. The basis for the inclusion of a planned check into the annual plan of planned audits is the expiry of one year from the date: State registration of the legal entity, which is the subject of the natural monopoly; completed the last scheduled check of the subject of the natural monopoly. (Item padded-Federal law from 18.07.2011 N 242-FZ)9. The basis for an unscheduled inspection is: the subject of the natural monopoly granted by the state control (supervision) of the order to eliminate the detected breach of requirements OF THE PRESIDENT OF THE RUSSIAN FEDERATION Information from public authorities (officials of bodies State control (supervision), local authorities, and mass media about the violation by the subject of the natural monopoly of the established requirements of Russian legislation in regulating natural monopolies; (orders) of the head (deputy head) of the state control (supervision) of an unscheduled inspection issued in accordance with the instruction of the President of the Russian Federation or the Government OF THE PRESIDENT OF THE RUSSIAN FEDERATION unscheduled inspections in the context of the supervision of the enforcement of laws on the part of the Public Prosecutor's Office. href=" ?docbody= &prevDoc= 102037075&backlink=1 & &nd=102149703 "target="contents" title= " "> dated 18.07.2011 N 242-FZ) Article 8. Responsibilities of natural monopolies 1. Natural monopolies are not entitled to refuse to conclude a contract with individual consumers for the production (sale) of goods subject to regulation under this Federal Act, if any the subject of the natural monopoly of the opportunity to produce (implement) such goods. 2. Natural Monopolies are required to submit to the appropriate regulation of the natural monopoly: current records of their activities in the order and time frames established by the natural monopoly regulation body; Capital investment plan projects. 3. Actors of natural monopolies are obliged to grant access to commodity markets and (or) to produce (or sell) goods and services for which regulation under this Federal Act is applied to non-discriminative goods under the requirements of antitrust law. (...) (...) N 39-FZ) 4. The natural monopoly entities are required to maintain separate records of income and expenditure by type of activity. Maintenance of separate records of income and expenses of a natural monopoly by type of activity is carried out in the manner approved by the Government of the Russian Federation and (or) by the federal executive authority authorized by the Government of the Russian Federation. The paragraph is supplemented by the Federal Law of 18.10.2007. N 230-FZ) 5. In order to ensure the transparency of the activities of natural monopolies, the openness of regulation of the activities of natural monopolies and consumer protection, the subjects of natural monopolies are obliged to provide free access to them. Information on their activities, which are regulated in accordance with this Federal Law (hereinafter referred to as regulated activities of natural monopolies). Free access to information about regulated activities of natural monopolies is provided by natural monopolies in accordance with the disclosure standards approved by the The Government of the Russian Federation, through its publication in the media, including the Internet, and the provision of information on the basis of written requests from consumers. Information on regulated activities of natural monopolies subject to free access are: price information (tariffs) for goods (work, services) of natural monopoly entities, in subject to regulation (hereinafter referred to as regulated goods (work, services); under this Federal Act, including structure Main production costs for the implementation of regulated goods (works, services); details of the main consumer characteristics of regulated goods (works, services) of natural monopolies and their conformity with established In the wording of the Federal Law of 19.07.2011, N 248-FZ) information on whether there is a technical possibility of access to regulated goods (work, services) of natural monopolies and information on registration and progress of implementation of applications for connection (technological adherence) to the infrastructure of natural monopolies; information on the conditions under which regulated goods (works, services) are delivered by natural monopolies, and (or) information about (technological adherence) to infrastructure Natural Monopoly Actors; order of execution of technological, technical and other activities connected with connection (technological adherence) to the infrastructure of natural monopolies; Investment programmes (on investment programme projects) and their implementation reports; information on acquisition methods, costs and quantities required for the production of controlled goods. Information which is classified in the prescribed manner to information constituting a State secret is not included in the information to be disclosed under this Federal Act. Information on regulated activities of natural monopolies subject to free access and assigned in accordance with this Federal Law to the disclosure standards cannot be recognized by the subject natural monopoly of commercial secret. . N 281-FZ) Article 8-1. Disclosure standards 1. The disclosure standards should provide: the accessibility of undisclosed information to an unlimited number of persons, including the disclosure of information in the territories where the Internet is unavailable; transparency of natural monopolies in the production of controlled goods (performance, services); openness to regulation of natural monopolies; publicity Conditions for the implementation of controlled goods (work, services) for consumers (price, quality, accessibility, reliability); limited consumer access to regulated goods (work, services); publicity when designing, negotiating, accepting, and implementing investment programs (investment programme projects). 2. The disclosure standards are approved by the Government of the Russian Federation, taking into account the provisions of federal laws and regulations of the President of the Russian Federation regulating legal relations in the relevant sphere of activity, Each sphere of activity of natural monopolies. The disclosure standards should contain information on the regulated activities of natural monopolies and the manner in which such information is provided. In accordance with the standards of disclosure, authorized by the Government of the Russian Federation, duly authorized by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation The areas of state regulation of tariffs, taking into account the sectoral, technological, structural, geographical and other features of the activities of natural monopolies, are entitled to approve: form, timing and periodicity of information to be provided by natural monopolies { \b Free access } { \b } { \b } { \b } { \b } { \b } { \b } { \b } 3. State control (supervision) in the areas of natural monopolies, in terms of compliance with the standards of disclosure by natural monopolies, is exercised by the State control (supervisory) bodies according to their competence, by the Government of the Russian Federation. Natural Monopolies are entitled to apply to the State control (supervision) body for change of application by a specific subject of natural monopoly of established forms and (or) periodicity The provision of information to be freely available. (Paragraph in the wording of the Federal Law of 25.06.2012 N 93-FZ) (Article padded-Federal Law of 25.12.2008 N 281-FZ) Chapter III. Natural monopoly regulators, their functions and powers Article 9. Natural monopoly regulators 1. The regulation of natural monopolies shall be established in the fields of activity referred to in article 4 of this Federal Law. 2. The general administration of the federal executive authority to regulate the natural monopoly is exercised by its manager. (In the wording of Federal Law No. N 58F) 3. (Spconsumed by Federal Law of June 29, 2004) N 58F) 4. (Spconsumed by Federal Law of June 29, 2004) N 58F) 5. The federal executive authority to regulate the natural monopoly shall be eliminated if there is room for competition in the relevant commodity market and (or) if the nature of the demand for the goods has changed natural monopolies. Article 10. The functions of natural monopoly regulation bodies Natural monopoly regulators perform the following main functions: form and maintain a register of natural monopolies State regulation and control; defines the control methods provided for in these federal laws, for a particular subject of the natural monopoly; control within its own The competence to comply with the requirements of this Federal Act; makes proposals to improve the legislation on natural monopolies; makes decisions on all issues related to the introduction, modification, or To stop the regulation of the activities of natural monopolies and the application of the regulatory methods provided for by this Federal Law. (Paragraph is supplemented by the Federal Law of 25.12.2008. N 281-FZ) Article 11. The authority of the natural control authorities monopolies 1. Regulating natural monopolies has the right: to make decisions binding on subjects of natural monopolies about the introduction, modification or termination of regulation on the application of the control methods provided for in this regulation. Federal law, including the setting of prices (tariffs); set rules for the application of prices (tariffs) for goods (work, services) of natural monopolies; Mandatory for enforcement of a decision on the facts of a violation of the present Federal Act No. N 258-FZ ) To direct the subjects of natural monopolies to comply with the requirements for the cessation of violations of this Federal Act, including the elimination of their consequences, the conclusion of contracts with consumers, subject to mandatory maintenance, the introduction of contracts of change, the transfer to the federal budget of the profits they have received as a result of actions that violate this Federal Law; take decisions on the inclusion in the Register of Natural Monopolies or Exemptions; Mandatory instructions to the executive and local authorities for the abolition or modification of the acts they have adopted which are not in conformity with this Federal Act and (or) for the cessation of violations of this Federal Law; to sue and to participate in court cases involving the use or violation of this Federal Law; Federal laws. 2. Subjects of natural monopolies, their consumers who carry out business and other economic activities, or the executive authorities of the constituent entities of the Russian Federation referred to in article 5, paragraph 3, of this Federal Law, are entitled apply to the regulation of natural monopolies for the settlement of disputes arising from the establishment and application of regulated prices (tariffs) regulated in accordance with this Federal Law. Applications for the pre-trial dispute are filed with the natural monopoly regulation within three months of the date on which the complainant learned or should have been aware of the violation of his rights. The procedure for the consideration of these disputes is subject to the approval of the Government of the Russian Federation. (In the wording of Federal Law No. N 242-FZ) (Article in the wording of Federal Law of 31.12.2005) N 199-FZ) Article 12. Grounds for the adoption by regulatory authorities of the natural monopoly of decisions on the application of control techniques 1. The natural monopoly regulation shall decide on the application of the regulatory methods provided for by this Federal Law and other federal laws for the specific subject of the natural monopoly, on the basis of analysis Its activities take into account their catalytic role in improving the quality of the goods produced (traded) and in meeting the demand for them. This assesses the reasonableness of the costs and takes into account: production costs (sales) of goods, including wages, costs of raw materials and materials, overhead; taxes and other payments; Value of the fixed assets, the need for investments required for reproduction, and depreciation; projected profits from the possible sale of goods at various prices (tariffs); remoteness of various consumer groups from the production site products; conformity of the quality of consumer goods produced (sold) to consumer demand; State grants and other government support measures; facts of the violation The natural monopoly of the statutory duty to provide information and (or) the obligation to provide free access to information. (Paragraph is supplemented by the Federal Law of 25.12.2008. N 281-FZ) Faced in accordance with federal laws, regulations of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation Federation and regulatory legal acts of the Natural Monopoly Regulatory Authority. (Paragraph is supplemented by the Federal Law of 25.12.2008. N 281-FZ 2. When deciding whether to regulate the activity of a particular subject of natural monopoly, the natural monopoly regulation is obliged to consider the information provided by the persons concerned about the activities of the natural monopoly. The subject of a natural monopoly. Article 13. The right to access information about the activities of the natural monopolies 1. In order to carry out the functions assigned to the natural monopoly regulators, their employees have the right to have unimpeded access to information on the activities of natural monopolies, other economic entities available to the authorities The executive authorities and local authorities, as well as the subjects of natural monopolies and other economic entities. (In the wording of Federal Law No. N 291-F) 2. Subjects of natural monopolies, other economic entities, the executive authorities and local authorities are obliged to provide reliable documents at the request of natural monopoly regulators, Written and oral explanations and other information necessary for the exercise by the natural monopoly regulators of the functions provided for by this Federal Law. (In the wording of Federal Law No. N 291-F) 3. Information which constitutes a trade secret and is obtained by the regulation of a natural monopoly under this article is not subject to disclosure. Article 14. Informing the natural monopoly of their decisions 1. Natural monopoly regulators are obliged, through the mass media, to report their decisions on the introduction, modification or termination of regulation of the activities of natural monopolies, as well as on inclusion in the register Natural Monopoly Monopoly Actors, Natural Monopolies Management, and the Specific Indicators and Requirements of Natural Monopolies Management. The Natural Monopolies Regulatory Authority publishes an annual report on its activities. 2. The regulation of natural monopolies has the obligation to report, through the media, all cases of the application of liability for violations of this Federal Act. 3. Reports on the abolition of natural monopoly regulation bodies and the grounds for such decision are published in the media. Chapter IV: Liability for violations of this Federal Law Article 15. Consequences of violations of this Federal Law 1. In violation of this federal law, subjects of natural monopolies (their leaders), the executive authorities and local authorities (their officials) in accordance with the decisions (regulations) of the regulatory authorities natural monopolies must: cease violations of this Federal Law and (or) eliminate their consequences; to restore the original position or perform other actions specified in the decision (s); cancel or modify an act that does not match this Federal law; to enter into a contract with a customer subject to mandatory service; make changes to the contract with the consumer; pay a fine; to compensate for the damage caused. 2. The subject of a natural monopoly is obliged to transfer to the federal budget the profit he has received as a result of a violation of this Federal Act within the time limit set by the decision of the natural monopoly regulation. 3. The fines to be paid by decision of the natural monopoly regulation authority are transferred to the federal budget within the time limit set by that decision. Article 16. (Spconsumed by Federal Law of 30.12.2001) N196-FZ) Article 17. Reparations by the subject of the natural monopoly of damages, resulting in violation of this Federal Law If the acts (omissions) of the subject of the natural monopoly that violate this Federal Law have been caused Loses, including from inflated prices (tariffs) to other economic entities, are subject to compensation by the subject of the natural monopoly under civil law. Article 18. (Spconsumed by Federal Law of 30.12.2001) N 196-FZ) Article 19. (Spconsumed by Federal Law of 30.12.2001) N 196-FZ) Article 20. Compensation for damages caused to the subject of a natural monopoly or other economic entity by illegal decisions, actions (omissions) of the Natural Monopoly Regulatory Authority B If a natural monopoly regulation has been decided in violation of this Federal Act, including the definition of prices (tariffs) without sufficient economic justification, and as a result of that entity natural monopoly or other business entity sustained They are entitled to claim damages in the manner prescribed by civil law. Chapter V. Order of decisions (orders) by the authorities regulation of natural monopolies, as well as order of the execution and appeal of these decisions Article 21. The procedure for regulating the natural monopoly decision makers to introduce, modify or terminate the regulation of subjects of natural monopolies 1. Decisions on the determination (establishment) of prices (tariffs) and (or) their limits on the activities of subjects of natural monopolies shall be taken in the manner determined by the Government of the Russian Federation. (In the wording of Federal Law No. N 281-FZ )Questions relating to the introduction, modification or termination of regulation of the activity of a natural monopoly can be considered on the basis of proposals by the federal executive authorities The authorities, the executive authorities of the constituent entities of the Russian Federation and local authorities, public organizations of consumers, their associations and unions, and economic entities. The natural monopoly control authority decides on the introduction, modification or termination of regulation of the activities of natural monopoly entities, as well as the application of the regulations provided for in this Federal Act. The law of the methods of regulation, based on the analysis carried out on the grounds provided for in article 12 of this Federal Act. An independent economic examination may be conducted by decision of the regulatory authority. The Natural Monopolies Regulatory Authority approves the list of documents submitted for decision on issues related to the introduction, modification or termination of regulation of natural monopoly entities, and The procedure for the consideration of such documents. A representative of a natural monopoly actor is entitled to be present when the regulation of the natural monopoly is considered by the appropriate regulatory authority concerning the introduction, modification or termination of the regulation of the activity The subject of a natural monopoly. On the date of consideration, the subject of the natural monopoly must be notified in advance by the natural monopoly control authority. The natural monopoly regulation authority decides to change or terminate the regulation of the activity of a natural monopoly, taking into account the realization of demonopolization of natural monopolies. (Paragraph in the wording of Federal Law of 18.10.2007) N 230F) 2. The decision to introduce, modify or terminate the regulation, or to refuse a proposal, shall be taken by not later than six months after the date of receipt of the proposal. At the same time, the refusal or partial withdrawal of acceptance of the proposal must be motivated. (In the wording of Federal Law of 29.06.2004) N 58-FZ) Article 22. Grounds for consideration by regulators of the natural monopoly of cases of violations of this Federal Law 1. The regulation of natural monopolies within the limits of its competence has the right to hear and act upon cases of violations of this Federal Act. 2. The grounds for the consideration of cases are the statements of economic entities, consumers, social organizations of consumers, their associations and unions, representations of the executive authorities, local self-government bodies and the Prosecutor's Office. 3. The regulation of natural monopolies has the right to consider cases on its own initiative, on the basis of reports by the media and other material at their disposal indicating violations of this Federal Act. of the law. Article 23. The procedure for consideration by the regulatory authorities of the natural monopoly of cases of violations of this Federal Law and its decisions 1. The Government of the Russian Federation determines the procedure for considering the regulation of natural monopolies in cases of violations of this Federal Act. 2. Decisions taken by the natural monopoly regulators on the outcome of the case are sent to the persons concerned in writing not later than 10 days from the date of their adoption. The orders issued on the basis of the decisions taken shall be sent to the persons concerned within the same period. 3. Decisions on cases involving violations of this Federal Act which affect public interest shall be published in the mass media no later than one month from the date of their adoption. Article 24. The execution of decisions (orders) of the authorities regulation of natural monopolies 1. Decisions (orders) of natural monopolies are performed by natural monopolies (their leaders), the executive branch, local government bodies (their officials) within the time limit provided for in the regulations. by decision (s), but not later than 30 days from the date of receipt. 2. In case of non-compliance by the executive or local authorities with decisions (orders) on the repeal or amendment of acts taken in violation of this Federal Act or on the restoration of the original position of the authorities The regulation of natural monopolies has the right to apply to the court for the annulment of these acts (in whole or in part) and (or) to restore the situation that existed prior to the breach. 3. In the event of failure by the subject of the natural monopoly to conclude a contract or to amend the concluded contract, the natural monopoly regulation is entitled to bring a claim to the court that the subject of the natural monopoly is to be brought before the court. to enter into a treaty or to amend the concluded contract. 4. In the case of the natural monopolies of the federal budget transfer orders received as a result of the violation of this federal law, the natural monopoly regulators have the right to bring an action against them. Recovery of undue profit. 5. (Spconsumed by Federal Law of 30 December 2001) N 196-FZ) Article 25. The procedure for appealing against decisions (orders) of the authorities regulation of natural monopolies 1. Subjects of natural monopolies (their leaders), executive authorities and local government bodies (their officials), consumers, public organizations of consumers, their associations and unions, the prosecutor has the right to apply to the court A declaration that the decisions (preceptions) of natural monopolies, in whole or in part, are not valid in the event of inconsistency with this Federal Act. 2. The application to the court suspends the enforcement of the decision (regulation) of the regulation of natural monopolies, rendered in the case of a violation of this Federal Law, for the time of its consideration in court before the entry into force of the law The court's decision is legally binding. (In the wording of the Federal Law of 31 December 2005, N 199-FZ Chapter VI. Final provisions Article 26. The conditions for the formation of federal executive powers in the regulation of natural monopolies Federal executive authorities to regulate natural monopolies are formed within the limits of the costs, of the budget for the maintenance of the State apparatus. Article 27. The introduction of this Federal Law into force 1. This Federal Law shall be enforced from the date of its official publication. 2. Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law within six months from the date of its official publication. To instruct the Government of the Russian Federation to submit, within three months, to the State Duma of the Federal Assembly of the Russian Federation, proposals to bring the laws of the Russian Federation into conformity with the Convention on the Law of the Russian Federation. A true federal law. President of the Russian Federation Yeltsin Moscow, Kremlin 17 August 1995 N 147-FZ