On The Protection Of Competition In The Financial Services Market

Original Language Title: О защите конкуренции на рынке финансовых услуг

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102060449

Expired-the Federal law dated 26.07.2006 N 135-FZ of the RUSSIAN FEDERATION FEDERAL LAW on protection of competition in the market of financial services adopted by the State Duma June 4, 1999 year approved by the Federation Council of the year June 9, 1999 (as amended by the federal laws on out N 196-FZ;
from 2/2/2006 N 19-FZ), CHAPTER 1. GENERAL PROVISIONS Article 1. Subject of the hereof subject hereof are the relationships that affect competition in the securities market, the market of banking services, insurance services market and other financial market services (hereinafter referred to as the financial services market) and relating to the protection of competition on the market of financial services.
This federal law shall also apply in cases where actions and agreements committed and residents of the Russian Federation outside the territory of the Russian Federation, the result or may result in the Russian Federation to restrict competition in the market of financial services.
Article 2. The legislation of the Russian Federation and other normative legal acts on the protection of competition in the market of financial services 1. Relationships that affect competition in the financial services market and relating to the protection of competition on the market of financial services are governed by this federal law, other federal laws, decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation, as well as the regulations of the Federal competition authority, the regulations of the Central Bank of the Russian Federation and the regulations of the federal executive authorities, the regulators in the financial services market.
2. If an international treaty of the Russian Federation stipulates other rules than those stipulated by the antimonopoly legislation of the Russian Federation, the rules of the International Treaty of the Russian Federation.
Article 3. The basic concepts used in the present Federal law for the purposes of this federal law applies the following concepts: financial service activities related to attracting and using funds of legal entities and natural persons. For purposes of this federal law as financial services deals with banking operations and transactions, the provision of insurance services and services in the market of securities, conclusion of contracts financial lease (leasing) and treaties on trust management funds or securities, and other financial services;
financial organization is a legal person exercising an appropriate license based on banking operations and transactions or providing services on the securities market, insurance or other financial services, as well as non-State Pension Fund, its management company, a mutual fund management company, Uralsib leasing company, a Credit Union and a consumer organization conducting operations and transactions in the financial services market. The provisions of this federal law regarding financial institution applies to individual entrepreneurs engaged on the basis of appropriate license activity in the market of financial services;
market financial services activity financial organizations on the territory of the Russian Federation or its part determined on the basis of the location of the provision of financial services to consumers;
competition in the financial services market-competition between financial institutions, where their separate action effectively restrict the ability of each of them unilaterally affect the General conditions of providing financial services to the financial services market;
unfair competition in the market of financial services-financial organizations to acquire benefits when carrying out entrepreneurial activity, contrary to the legislation of the Russian Federation and customs business turnover and causing or likely to cause losses to other financial organizations-competitors in the market of financial services or impair their business reputation;
the dominance of financial institution-financial services provided to financial institution (multiple financial institutions) to the financial services market, giving her (them) the opportunity to have a decisive influence on the General conditions of providing financial services to the financial services industry or impede access to this market by other financial organizations;
concentration of capital in the financial services market-merger of financial institutions, acquisition of assets or shares (interests in Charter capital) each other, as well as the acquisition by third parties of the assets or shares (interests in Charter capital) financial organization;

agreement-contract between financial institutions or between financial (financial) Organization (organizations), on the one hand, and the federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government, on the other hand, including having a restriction of competition in the financial services market. For purposes of this federal law agreement are not mediating deals direct provision of financial services;
a group of individuals-group legal and (or) physical persons, recognized by a group of persons in accordance with the legislation of the Russian Federation;
Affiliate-legal and/or natural person recognized by affiliate in accordance with the legislation of the Russian Federation.
The provisions of this Federal Act concerning financial institutions apply to affiliates and group of individuals.
CHAPTER 2. The DOMINANCE of FINANCIAL ORGANIZATION Article 4. Determination of dominant position financial organization 1. The dominance of financial organizations in the financial services market is defined by the Federal Antimonopoly body in accordance with this federal law in a manner approved by the Federal Antimonopoly body for each of the financial services market by agreement: the securities market-with federal bodies of executive power conducting regulation in the securities market;
in the market of banking services-the Central Bank of the Russian Federation;
in the market of insurance services-with the federal executive body engaged in the regulation of the market of insurance services;
on the market of other financial services, with federal authorities involved in the regulation of the financial services market.
2. the proportion of financial organizations in the financial services market is determined on the basis of the relationship of the sum of its turnover on a certain type of financial services to the total turnover of the financial institutions in the bounds of the financial services market. Method of determining turnover financial services financial institutions and financial services market boundaries shall be determined by the Government of the Russian Federation.
3. A dominant position of a financial institution is defined within the borders of the market providing financial financial services organization, regardless of its location defined in the constituent documents.
Article 5. Abuse of financial institution a dominant position Prohibited actions of the financial institution, dominant in the market of financial services, impeding market access of financial services to other financial institutions, and (or) having a negative influence on the General conditions of providing financial services to the financial services market, including such as: inclusion in the Treaty discriminatory conditions that put the financial organization in an unequal position compared with other financial institutions;
consent to conclude a treaty only subject to the provisions in which the financial institution is not interested;
establishing when the contract is unreasonably high (low) prices provided by financial services.
CHAPTER 3. Monitoring in the case of RESTRICTIONS of COMPETITION in the MARKET of FINANCIAL SERVICES Article 6. Agreements or concerted actions of financial institutions, restricting competition in the market of financial services is not permitted, and in the manner prescribed by this Federal law recognizes the achievements of totally or partially invalid in any form of agreement or concerted action by financial organizations among themselves or with federal authorities involved in the regulation of financial services market, federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation local self-government bodies and any legal entities, except for agreements or concerted action by financial institutions with the Central Bank of the Russian Federation, if such agreements or concerted actions have or may have the effect of restricting competition in the market of financial services, including if an agreement or concerted action, directly or indirectly, to: establish (maintain) prices (tariffs), discounts, allowances, charges, fees, interest rates;
increase, decrease or maintain prices of bids;
section of the financial services market on a territorial basis, by type of financial services in the financial services market or on consumers of financial services in the financial services market;
restricting access to the market of financial services or the removal from other financial organizations;
establishment of unreasonable criteria that are barriers to entry into payment and other systems, without which the competing financial institutions will not be able to provide its customers with the necessary financial services to compete in the market of financial services.
Article 7. Agreements or concerted actions of financial institutions not subject to the prohibition

Ban not subject to agreement or concerted action by financial institutions in cases stipulated by the legislation of the Russian Federation, as well as agreements or concerted actions of financial institutions, the conditions of which have as their goal: unification of standards activities of financial organizations-participants of the agreements;
joint research and development;
joint procurement of technical resources for the implementation of substantive activities;
the use of common software and technical means of information processing and databases.
The Government of the Russian Federation may be installed and the other is not subject to any prohibition of the terms of agreements or concerted actions, including for individual types of financial organizations.
Article 8. Notification of the Federal Antimonopoly body of agreements or concerted actions of financial institutions, restrict competition in the market of financial services 1. Financial institutions are obliged to notify the Federal Antimonopoly body for all prisoners in any form agreements or decisions about the conduct of coordinated action among themselves or with federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government, as well as any legal entities (hereinafter referred to as the notice) in the manner prescribed by this federal law, excluding agreements or concerted action by these financial organizations having or likely to have in the aggregate market share of financial services less than the goal set by the Government of the Russian Federation.
Form of notice shall be established by the Federal competition authority. The notification shall be accompanied by: a copy of the agreement or decision on concerted action with all applications;
information about the main activities of the parties to the agreement or concerted action and turnover on core activities;
financial and economic reporting to the Central Bank of the Russian Federation, federal bodies of executive power conducting regulation in the financial services market.
The Federal competition authority does not have the right to request from financial institutions submission of other documents and information.
2. the Federal competition authority shall be notified to the parties on the application of either one of the parties to the agreement or concerted action within 15 days from the date of the conclusion of an agreement or decision on concerted action.
Article 9. The procedure for the adoption of the Federal competition authority decision on recognition of agreements or concerted actions financial institutions limiting competition in the market of financial services 1. The Federal competition authority after verification of the submitted notifications and all documents not later than 30 days after receipt of the said notice and documents if there are indications that the conclusion of an agreement or decision on concerted action, on which it advised, can lead to a restriction of competition in the financial services market, takes a reasoned decision on recognition of agreement or concerted action or restricting the legitimate financial institutions competition in the financial services market.
The Federal competition authority may decide to further validate the notification and all documents submitted in accordance with the procedure established by the Federal competition authority as shall promptly inform the parties to the agreement or concerted action.
The Federal competition authority within 30 days from the date of adoption of the decision on carrying out further checks submitted the notification and all documents shall take a reasoned decision to recognize agreements or concerted actions lawful or restricting competition in the market of financial services.
2. In the case of recognition of the Federal Antimonopoly body of agreement or concerted actions restricting competition in the market of financial services of the parties to the agreement or concerted action obliged on demand of the Federal Antimonopoly body either terminate the agreement or to desist from committing these concerted actions, or change the terms of agreements or concerted actions, as well as to comply with other legal requirements under the decision of the Federal Antimonopoly body on restoring the necessary conditions of competition in the financial services market.
3. the Federal competition authority may revoke its decision that a recognition agreement or concerted action by financial institutions or restricting legitimate competition in the market of financial services or amend its decisions, including the decision to hold an additional verification of the agreement or concerted action upon the expiration of 30 days from the commencement of the notice of agreement or concerted action, subject to:

If there has been a change in the facts that gave rise to the adoption of the decision on recognition of agreements or concerted actions lawful or restricting competition in the market of financial services;
If the parties to the agreement or concerted action violates any of the provisions specified in the decision on the recognition of agreements or concerted actions lawful or restricting competition in the market of financial services;
If the decision on the recognition of agreements or concerted actions lawful or restricting competition in the market of financial services is based on incorrect information received from the parties to the agreement or concerted action.
Article 10. Invalidation of agreements or transactions occurring as a result of concerted action by financial institutions, restrict competition in the market of financial services Agreement or transaction, committed as a result of concerted action by financial organizations, resulting in restriction of competition in the market of financial services, may be declared invalid partly or fully justiciable under the claim of Federal competition authority.
Losses incurred as a result of an agreement or concerted practices restraining competition and (or) were detrimental to the interests of consumers in the market of financial services shall be compensated in accordance with the legislation of the Russian Federation.
Article 11. Creating associations (associations, unions) financial institutions 1. Creating associations (associations, unions) financial institutions is carried out only after obtaining the prior consent of the Federal competition authority in the manner prescribed by this federal law.
2. the parties or one of the participants in associations (associations, unions) financial institutions are required to send in the Federal Antimonopoly body motion for specified in paragraph 1 of this article, consent within 30 days from the date of adoption of the decision on the establishment of associations (associations, unions) financial institutions.
The decision on recognition of the establishment of associations (associations, unions) legitimate financial institutions or restricting competition in the market of financial services was adopted by the Federal Antimonopoly body within 30 days after receipt of all the necessary for the adoption of that decision information.
3. In the case of recognition of the Federal Antimonopoly body that create associations (associations, unions) financial institutions restricts competition in the market of financial services, financial organizations participating in these associations (associations, unions) have a legal obligation to request the Federal Antimonopoly body to change the conditions of their establishment, as well as perform other legal requirements under the decision of the Federal Antimonopoly body on restoring the necessary conditions of competition in the financial services market.
4. the actions referred to in this article instead of financial organizations to establish associations (associations, unions), resulting in restriction of competition in the market of financial services, may be declared invalid partly or fully justiciable under the claim of Federal competition authority.
Losses incurred as a result of the creation of associations (associations, unions), which led to the restriction of competition in the financial services market, are to be compensated in the manner prescribed by the legislation of the Russian Federation.
CHAPTER 4. NORMATIVE LEGAL ACTS and ACTIONS of FEDERAL BODIES of EXECUTIVE POWER, the Central Bank of the Russian Federation, bodies of EXECUTIVE POWER of the CONSTITUENT ENTITIES of the RUSSIAN FEDERATION and bodies of local self-government, AIMED at RESTRICTING COMPETITION in the MARKET of FINANCIAL SERVICES Article 12. Normative legal acts and actions of federal bodies of executive power, the Central Bank of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government, aimed at restricting competition in the financial services market, federal bodies of executive power, the Central Bank of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government shall not have the right to adopt normative legal acts and (or) perform actions, including concerted action with other federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government, financial organizations, restricting competition in the market of financial services aimed at creating an unduly favourable conditions for individual financial institutions and (or) infringing upon the interests of other financial institutions, except for the cases stipulated by the legislation of the Russian Federation.
Federal bodies of executive power, the Central Bank of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government is also prohibited: unreasonably impede the creation of new financial organizations in the financial services market;

limit except on the basis of the Federal law, financial institutions access to market financial services or remove from it the financial organization;
impede the activities of financial organizations in the financial services market;
establish rules limiting consumers of financial services the choice of financial institutions that provide them;
provide one or more financial institutions, which benefits their advantage in relation to other financial institutions, operating on the same market of financial services.
Article 13. The selection of financial institutions for the implementation of individual operations with funds of the relevant budget (the name of the article as amended by the Federal Act of 2/2/2006 N 19-FZ) list of financial organizations for the implementation of individual operations with funds of the relevant budget shall be determined by an open tender or public auction. (As amended by the Federal Act of 2/2/2006 N 19-FZ) Article 14. The procedure of holding open competitions or open auctions for the purpose of determining the financial organizations for the implementation of individual operations with funds of the corresponding budget to open competitions or open auctions for the purpose of determining the financial organizations for the implementation of individual operations with funds of the corresponding budget, as provided for by the Federal law dated July 21, 2005 N 94-FZ "about placing orders for the supply of goods , works and services for public and municipal needs. " (Article 14 as amended by the Federal Act of 2/2/2006 N 19-FZ) CHAPTER 5. UNFAIR COMPETITION Article 15. Forms of unfair competition Prohibits unfair competition in the financial services market between financial institutions, which is expressed in actions aimed at obtaining benefits when carrying out entrepreneurial activities, the conclusion of agreements or conduct of concerted action among themselves or with third parties that are not in conformity with the legislation of the Russian Federation and customs business turnover and can cause or have caused losses of other financial organizations-competitors in the financial services market or damaged their business reputation including: dissemination of false, inaccurate or distorted information liable to cause loss to another financial institution or harm its business reputation;
incorrect comparison of financial organization of financial services financial services provided by other financial organizations;
obtain, use, and disclosure of proprietary or trade secret information without the consent of its holder, if such action is not provided for by the legislation of the Russian Federation.
CHAPTER 6. STATE CONTROL of the CONCENTRATION of CAPITAL in the MARKET of FINANCIAL SERVICES Article 16. State control of the concentration of capital in the market of financial services state monitoring of acquisition of assets or shares (interests in Charter capital) of financial organizations is carried out in the following cases: the acquisition as a result of one or several transactions legal or natural person (Group of people) of more than 20 percent of shares (interests in Charter capital) financial organization;
the acquisition of one or more transactions relating to assignments of rights demands a legal or natural person (Group of people) of the assets of the financial institution, the amount of which exceeds the value of the assets of the financial institution established by the Government of the Russian Federation;
the acquisition of a legal or natural person (Group of people), including on the basis of a contract of trust deed of the contract about joint activity or contract assignments or other transactions, rights to determine the modalities for the implementation of the financial organization of its business activities or to serve as its executive body;
create a financial organization and change of the authorized capital of a financial institution;
merger, accession financial organizations.
Article 17. The procedure for obtaining the prior consent of the Federal competition authority to conduct transactions on the acquisition of assets or shares (interests in Charter capital) financial institutions 1. In cases where the amount of the authorized capital of a financial institution, assets or shares (shares in the Charter capital) which are purchased, exceed the Government of the Russian Federation on the transactions referred to in article 16 of this federal law, requires the prior consent of the Federal competition authority.
While in cases of merger, accession financial organizations these requirements are executed when these requirements match the newly formed as a result of the merger, accession financial institution either at least one participant specified merger, accession.

2. to obtain the prior consent of the transactions referred to in article 16 hereof, the parties to the transactions represent the Federal Antimonopoly body in addition to the documents submitted to the authority responsible for the State registration, an application for obtaining specified prior consent, information about major activities and trafficking on core activities, financial and economic reporting to the Central Bank of the Russian Federation, federal bodies of executive power conducting regulation in the financial services market , information about the possession for any reason shares (interests in Charter capital) commercial organizations and membership information for non-profit organizations, as well as information about the ownership of their assets.
The Federal competition authority does not have the right to ask the financial organizations for the submission of other documents and information.
The Federal competition authority within 30 days of receipt of the documents specified in this clause informs the parties in writing of the decision on the deals preliminary consent to transactions referred to in article 16 hereof.
In case of need, this period may be extended by the Federal competition authority, but not more than 15 days.
Article 18. Rejection of the Federal Antimonopoly body has the right to reject an application for obtaining the prior consent of the transactions referred to in article 16 hereof, if satisfaction can lead to or strengthen a dominant position of the parties to the transactions and limit competition in the market of financial services. When the specified application may be granted in case of execution of requirements aimed at ensuring competition in the financial services market.
While these requirements, as well as the timing of their execution must be contained in the decision of the Federal Antimonopoly body of prior consent to transactions referred to in article 16 hereof.
An application for obtaining the prior consent of the transactions referred to in article 16 hereof cannot be satisfied in the absence of reliable information and documents relevant to the adoption of the above decision.
In case of refusal of the Federal competition authority and the Central Bank of the Russian Federation to give consent to transactions referred to in article 16 hereof, as well as in cases stipulated by the legislation of the Russian Federation, the participants in the transactions are obliged within three months from the date of the adoption of the Federal Antimonopoly body referred to in paragraph 2 of article 17 of this federal law, the decision to pass on their right to participate in the management of a financial institution or assets or shares (shares in the Charter capital) financial organization to third parties who are not members of a group of persons of the parties to the transaction, as well as fulfill other requirements of the Federal Antimonopoly body to re-establish the necessary conditions for competition in the market of financial services.
The Federal competition authority may grant an application on obtaining the prior consent of the transactions referred to in article 16 hereof, in the following cases: If the deals with the possibility of restricting competition in the market of financial services will prove that a positive effect from these transactions, including socio-economic benefits exceed the negative implications for the financial services market;
If the transactions prove that ownership of shares (interests in Charter capital) financial organization is associated solely with the income thereon. In this case, allowed ownership of these shares (interests in Charter capital) within one year from the date of their acquisition and exercise of rights on them, associated only with their sale.
Article 19. Notification of the Federal Antimonopoly body on transactions on the acquisition of assets or shares (interests in Charter capital) financial institutions 1. In cases where the amount of the authorized capital of a financial institution, assets or shares (shares in the Charter capital) which are purchased, does not exceed the established by the Government of the Russian Federation, financial organizations notified of transactions referred to in article 16 of this federal law, the Federal competition authority within 30 days after the Commission of such transactions.
While in cases of merger, accession financial organizations referred to above authorized capital requirements financial institutions are executed when these requirements match the newly formed as a result of the merger, accession, financial institution or one participant specified merger, accession.

2. the participants in the transactions represent the Federal competition authority notification of transactions, information about major activities and trafficking on core activities, financial and economic reporting to the Central Bank of the Russian Federation, federal bodies of executive power conducting regulation in the financial services market, ownership information for any reason shares (interests in Charter capital) commercial organizations and membership information for non-profit organizations, as well as information on the ownership of assets of nonprofit organizations.
The Federal competition authority does not have the right to ask the parties to transactions represent other documents and information.
The Federal competition authority after examining the notification and all documents required within 30 days of receipt of all necessary information when there are indications that the transactions of which it notified may lead to or strengthen a dominant position of the financial institution, the restriction of competition, takes a reasoned decision on recognition of the legitimate transactions or restricting competition in the financial services market and sends it to the applicant.
3. If necessary, specified in paragraph 2 of this article may be extended by the Federal competition authority, but not more than 15 days.
4. If the Federal Antimonopoly body in accordance with paragraph 3 of this article shall decide on the extension of examination of the notification and all documents required before obtaining the consent of the Federal Antimonopoly body of participants did not have the right to participate in the management of the financial institution or dispose of relevant assets or shares (interests in Charter capital) financial organization. Before the adoption of the decision by the Federal competition authority, as well as in cases stipulated by federal laws and decisions of the Central Bank of the Russian Federation, the parties to the transactions shall be entitled to receive the income thereon.
5. In the cases referred to in paragraph 1 of this article, the parties to the transactions may seek consent to transactions specified in article 16 of this federal law, the Federal competition authority, which is obliged to consider the request in the prescribed manner.
6. consent to transactions relating to the acquisition of assets or shares (interests in Charter capital) financial institutions, as well as the rights to determine the conditions for entrepreneurial activity or exercise the functions of the Executive Body, the financial organization, affecting financial organizations in the financial services market, given the Federal competition authority in the manner prescribed by the Federal competition authority.
Article 20. Dispute resolution in relation to the monitoring of the concentration of capital in the market of financial services Transactions referred to in article 16 hereof, committed in violation of the rules established by this federal law, leading to the emergence or strengthening of a dominant position of financial organizations and restrict competition in the market of financial services, may be declared invalid in a judicial procedure at the suit of the Federal competition authority. In case parties to the transactions of the requirements of the Federal Antimonopoly body on restoring the necessary conditions of competition in the financial services market within the prescribed deadlines such transactions may also be declared invalid in a judicial procedure at the suit of the Federal competition authority.
Failure to comply with decisions taken by the Federal Antimonopoly body in accordance with this federal law, is the basis for the recognition of the justiciability of these transactions on the claim of Federal competition authority.
Violation of the requirements of this federal law to prior consent of the Federal Antimonopoly body on the transactions referred to in article 16 hereof, or notification of the amount specified in article 19 of this federal law, shall be a ground for the imposition of the Federal Antimonopoly body fines in accordance with this federal law.
CHAPTER 7. STATE REGULATION of PROTECTION OF COMPETITION in the MARKET of FINANCIAL SERVICES by article 21. Federal antitrust authorities on the financial services market public policies to promote competition and antimonopoly regulation in the financial services market is carried out by the Federal Antimonopoly body: on the securities market-with federal bodies of executive power conducting regulation in the securities market;
in the market of banking services-the Central Bank of the Russian Federation;
in the market of insurance services-with the federal executive body engaged in the regulation of the market of insurance services;
on the market of other financial services, with federal authorities involved in the regulation of the financial services market.

Article 22. Tasks and functions of the Federal Antimonopoly body for the protection of competition in the market of financial services 1. The main tasks of the Federal competition authority, implemented jointly with the Central Bank of the Russian Federation, federal bodies of executive power conducting regulation in the financial services market are: to promote competition in the financial services market;
prevention, control and repression of unfair competition and suppression of abuse of a dominant position of the financial institution on the financial services market;
implement state monitoring of compliance with antimonopoly legislation in the financial services market.
2. the Federal competition authority, taking into account the norms established by this federal law, shall perform the following main functions: to send proposals to the Government of the Russian Federation on the improvement of antimonopoly legislation and other normative legal acts on the protection of competition in the financial services market and their application, as well as opinions on drafts of federal laws and other regulatory legal acts on the functioning of the financial services market and the development of competition on it;
makes recommendations to the Central Bank of the Russian Federation, federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and local authorities to undertake activities aimed at the development of competition in the financial services market;
monitors compliance with the antitrust laws and other normative legal acts on the protection of competition in the financial services market when entering into agreements and conducting concerted action by financial institutions;
monitors financial institutions merger and acquisition of rights, assets or shares (interests in Charter capital) financial institutions;
establishes a violation of the antitrust laws and other normative legal acts on the protection of competition in the financial services market.
Article 23. The powers of the Federal competition authority the Federal Antimonopoly body has the right to: financial institutions to give binding instructions on cessation of violations of antitrust laws and other normative legal acts on the protection of competition in the financial services market and (or) on Elimination of their consequences, about restoring the original provision on termination or variation of contracts, contrary to competition law and other normative legal acts on the protection of competition in the financial services market , on the formation of contracts with another person, to transfer to the federal budget profits earned as a result of a violation of antitrust laws and other normative legal acts on the protection of competition in the financial services market;
sent to the Government of the Russian Federation, the Central Bank of the Russian Federation adopted a proposal to abolish the federal bodies of executive power, the Central Bank of the Russian Federation regulations and other legal acts or on the suspension of their activities, as well as on the dissolution or change their agreements or concerted actions contrary to antitrust and other regulatory legal acts on protection of competition in the financial services market;
sent to the executive authorities of the constituent entities of the Russian Federation and bodies of local self-government provisions repealing or modifying the regulatory legal acts adopted by them, as well as dissolution or change their agreements or concerted actions contrary to antitrust and other regulatory legal acts on protection of competition in the financial services market;
to make the authorities issuing licenses to operate in the market of financial services, the submission of the cancellation from financial institutions that violate antitrust laws and other normative legal acts on the protection of competition in the market of financial services, licenses;
decide on the imposition of penalties on financial institutions and administrative penalties on the heads of those financial institutions, citizens, including individual entrepreneurs, as well as officials of the federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and local government authorities for violation of the antitrust laws and other normative legal acts on the protection of competition in the financial services market;

contact the Court or arbitral tribunal with allegations of violations of the antitrust laws and other normative legal acts on the protection of competition in the financial services market, including recognition of totally or partially null and void agreements contrary to antitrust and other regulatory legal acts on protection of competition in the financial services market, on mandatory entering into a contract with another person, as well as to participate in the consideration by the Court or Court of arbitration cases involving and violation of antitrust laws and other normative legal acts on the protection of competition in the financial services market;
sent to the appropriate law enforcement authorities of allegations of violations of the antitrust laws and other normative legal acts on the protection of competition in the market of financial services, as well as materials to address the question of instituting criminal proceedings on grounds of crimes related to violation of antitrust laws and other normative legal acts on the protection of competition in the financial services market;
establish the existence of a dominant position on the market of financial institutions financial services;
establish the facts of abuse of dominant position financial institutions, violations of the prohibitions on agreements and concerted practices, unfair competition, as well as qualified financial organizations as violating antitrust laws and other normative legal acts on the protection of competition in the financial services market;
issue, including in conjunction with the Central Bank of the Russian Federation, federal bodies of executive power conducting regulation in the financial services market, regulations, recommendations and guidelines for the protection of competition in the market of financial services, including certain types of financial institutions;
give, including in conjunction with the Central Bank of the Russian Federation, federal bodies of executive power conducting regulation in the financial services market, clarifications on the application of the antitrust laws and other normative legal acts on the protection of competition in the financial services market;
exercise other powers provided for by the legislation of the Russian Federation.
Article 24. Coordination of the Federal competition authority and federal bodies of executive power, the regulators in the financial services market, the Central Bank of the Russian Federation 1. Coordination of the Federal competition authority and federal bodies of executive power, the regulators in the financial services market, the Central Bank of the Russian Federation is based on the functional allocation of responsibilities, relevant expertise and responsibilities defined by the legislation of the Russian Federation and the present Federal law.
2. Federal bodies of executive power conducting regulation in the financial services market, the Central Bank of the Russian Federation are required to provide on request the Federal Antimonopoly body taken regulatory and other legal acts, their agreements with financial institutions, as well as the necessary information for the analysis of competition in the financial services market and to monitor her condition.
Article 25. The right of access to information, staff members of the Federal competition authority, authorized by the Federal Antimonopoly body in accordance with the established procedure, with a view to the execution of their duties, have the right to unimpeded access to federal bodies of executive power, the Central Bank of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government, as well as financial institutions and their associations, other organizations and institutions and on the basis of a written request with the necessary documents and information subject to non-disclosure of specified by State , official and commercial secret.
The police are obliged to provide practical assistance to the staff of the Federal competition authority in the performance of their duties, while providing easy access to the necessary documents and information.
Article 26. Duty to provide information to the Federal Antimonopoly body of federal bodies of executive power, the Central Bank of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government (the officials), financial institutions (their leaders), citizens, including individual entrepreneurs, are obliged to submit to the Federal Antimonopoly body of reliable documents, give written and oral explanations and submit other information necessary for the implementation of the Federal competition authority of its legitimate activities except for the information, constituting banking secrecy.
Article 27. Duties and responsibilities of the Federal Antimonopoly body to comply with the commercial

Secrets of the trade secret information collected by the Federal Antimonopoly body, not subject to disclosure.
In case of disclosure by members of the Federal Antimonopoly body of information, which is commercial secret, these employees bear responsibility stipulated by the legislation of the Russian Federation, in the manner prescribed by the legislation of the Russian Federation. Caused by financial institution losses are recoverable in accordance with the civil legislation of the Russian Federation.
CHAPTER 8. LIABILITY for VIOLATION of the ANTITRUST LAWS and other normative legal acts on the protection of competition in the MARKET of FINANCIAL SERVICES by article 28. Obligatoriness of execution of decisions and regulations of the Federal competition authority 1. In case of violation of the antitrust laws and other normative legal acts on the protection of competition in the financial services market, federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government (the officials), financial institutions (their leaders), citizens, including individual entrepreneurs, are obliged, in accordance with the decisions and regulations of the Federal competition authority to terminate a violation of antitrust laws and other normative legal acts restore the original situation, terminate the contract or change it to conclude a contract with another person, to cancel the Act of the Antimonopoly Law and other normative legal acts on the protection of competition in the financial services market, federal budget profits earned as a result of a violation of antitrust laws and other normative legal acts on the protection of competition in the financial services market, perform other actions provided for in decisions and regulations of the Federal competition authority.
2. in case of violation of the antitrust laws and other normative legal acts on the protection of competition on the market of financial services of the Federal Antimonopoly body has the right to administratively impose fines and issue warnings in accordance with legislation of the Russian Federation.
Article 29. Types of liability for violation of the antitrust laws and other normative legal acts on the protection of competition in the market of financial services for unlawful acts that violate the antitrust laws and other normative legal acts on the protection of competition in the financial services market, officials of the federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government, financial institutions (their leaders), citizens, including individual entrepreneurs bear civil, administrative, criminal or other liability in accordance with the legislation of the Russian Federation.
CHAPTER 9. ORDER of ADOPTION, and the EXECUTION of decisions and REGULATIONS of the FEDERAL COMPETITION AUTHORITY Article 30. Grounds for review of cases by the Federal Antimonopoly body about violations of the antitrust laws and other normative legal acts on the protection of competition in the market of financial services 1. The Federal competition authority examines cases of violations of the antitrust laws and other normative legal acts on the protection of competition in the financial services market, takes decisions and directs the provisions within the limits of its competence.
Grounds for consideration of cases concerning violations of the antitrust laws and other normative legal acts on the protection of competition in the financial services market are the statements of the Central Bank of the Russian Federation, federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government, financial organizations, citizens, including individual entrepreneurs, and for the submission of the Prosecutor.
Cases of violations of the antitrust laws and other normative legal acts on the protection of competition in the market of financial services could be considered Federal competition authority on its own initiative.
2. the statements referred to in paragraph 1 of this article, served in the Federal Antimonopoly body in writing with the application documents indicating violations of the antitrust laws and other normative legal acts on the protection of competition in the financial services market.
3. Proceedings on administrative offences provided for in this federal law, as well as the execution of judgments on imposition of administrative penalties in such cases are conducted in the manner prescribed by the code of the Russian Federation on administrative offences. (As amended by federal law from out N 196-FZ)

The order of consideration of cases concerning violations of the antitrust laws and other normative legal acts on the protection of competition in the financial services market is determined by the rules approved by the Federal Antimonopoly body to harmonize with, respectively, the Central Bank of the Russian Federation, federal bodies of executive power conducting regulation in the financial services market.
Article 31. Appeals, regulations of the Federal competition authority (name of the article as amended by the Federal law dated out N 196-FZ dated December 30, 2008) 1. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government (the officials), financial institutions (their leaders), citizens, including individual entrepreneurs, may apply to the Court or the arbitral tribunal a statement of recognition of totally or partially null and void decisions and regulations of the Federal competition authority. (As amended by federal law from out N 196-FZ)
2. the application referred to in paragraph 1 of this article, shall suspend the execution of the decisions and regulations of the Federal competition authority at the time of consideration of the statements in court or arbitration court before the entry into force of the decision of the Court or Court of arbitration enforceable.
Decisions and regulations of the Federal competition authority may be appealed to the limitation period, in accordance with the legislation of the Russian Federation.
Article 32. The order of execution of decisions and regulations of the Federal competition authority 1. Decisions and regulations of the Federal competition authority enforceable according to its terms in their established term. Failure to perform within the time limit specified decisions and orders entails liability under the legislation of the Russian Federation and the present Federal law.
In the event of default decisions and orders repealing or amending Act adopted in violation of antitrust laws and other normative legal acts on the protection of competition in the market of financial services, on the restoration of the situation that existed before the specified violations, Federal Antimonopoly authority may apply to the Arbitration Court to declare that Act to be invalid in whole or in part or for compulsion, to re-establish the situation that existed before the specified violations.
When default decisions and regulations of the Federal competition authority for amendment or of avoidance contrary to antitrust and other regulatory legal acts on protection of competition in the market of financial services agreement, or to conclude a contract with another person the Federal Antimonopoly body has the right to go to court or arbitration court invalidation or wholly or partly for compulsion to conclude a contract.
In the case of non-observance of decisions and regulations of the Federal competition authority to transfer to the federal budget profits earned as a result of a violation of antitrust laws and other normative legal acts on the protection of competition in the financial services market, Federal Antimonopoly body has the right to submit to the Court or arbitral tribunal claim for federal budget unfairly profits.
2. (repealed-federal law N 196 out-FL) CHAPTER 10. FINAL PROVISIONS Article 33. The entry into force of this federal law 1. This federal law shall enter into force six months after the date of its official publication.
2. invite the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N June 23, 1999 117-FZ