On The Protection Of Competition In The Financial Services Market

Original Language Title: О защите конкуренции на рынке финансовых услуг

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Spconsumed by Federal Law since 26.07.2006 N 135-FZ RUSSIAN FEDERATION FEDERAL LAW On Protection of Competition in Financial Services Market Adopted by the State Duma on 4 June 1999 Russian Federation 9 June 1999 (In the wording of the federal laws of 30.12.2001) N 196-FZ; of 02.02.2006 N 19-FZ CHAPTER 1. GENERAL PROVISIONS Article 1. The subject of regulation of this Federal law is the subject of regulation of this Federal Act that affects the competition in the securities market, the banking market, the insurance market, and market for other financial services (hereinafter referred to as the financial services market) and related to the protection of competition in the financial services market. This Federal Law also applies in cases where the acts and agreements committed and concluded by the residents of the Russian Federation outside the territory of the Russian Federation are or may be brought to the Russian Federation. The Federation is a member of the financial services market. Article 2. Russian legislation and other regulatory acts on protection competition in the financial services market 1. Relations affecting competition in the financial services market and related to the protection of competition in the financial services market are regulated by this Federal Law, other federal laws, decrees of the President of the Russian Federation, resolutions OF THE PRESIDENT OF THE RUSSIAN FEDERATION The regulation of the financial services market. 2. If an international treaty to which the Russian Federation is a party establishes rules other than those provided for in the Russian Federation's antitrust legislation, the rules of the international treaty of the Russian Federation shall apply. Article 3. Key concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts apply: financial service-activities involving and The use of funds by legal entities and individuals. For the purposes of this Federal Act, banking transactions and transactions, insurance and securities market services, financial lease agreements (leases) and contracts are considered as financial services. trustful management of money or securities, as well as other financial services; financial organization is a legal entity conducting banking transactions and transactions on the basis of the relevant licence; or providing services in the securities market, insurance services or Other services of a financial nature, as well as a non-State pension fund, its managing company, the management company of the mutual funds fund, the leasing company, credit consumer union and other organization conducting the operations and Financial services market transactions. The provisions of this Federal Act concerning the financial organization apply to individual entrepreneurs who operate on the basis of an appropriate license in the financial services market; financial market Services-the sphere of activity of financial organizations in the territory of the Russian Federation or its part based on the place of financial service provision to consumers; competition in the financial services market-competition between by financial organizations, in which their own actions effectively limit the ability of each one to influence the general conditions of financial services in the financial services market; unfair competition in the financial services market-financial services actions organizations aimed at acquiring advantages in carrying out business activities contrary to the Russian Federation's legislation and business practices that have caused or are likely to cause loss to other financial institutions. competitor organizations in the market of financial services or damage their business reputation; dominant position of financial organization-the financial services provided by the financial organization (several financial institutions) in the financial services market giving it (s) the ability to provide decisive the impact on the general conditions of financial services in the market of financial services or the difficulty of access to this market by other financial institutions; concentration of capital in the financial services market-merger, financial integration organizations, their acquisition of assets or shares (shares in authorized capital) a friend, as well as the acquisition by third persons of assets or shares (shares in the authorized capital) of a financial organization; agreement-contract between financial organizations or between financial (financial) organization (organizations), with one The parties and the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the local authorities, on the other hand, are subject to restrictions on competition in the financial services market. For the purposes of this Federal Law, there are no transactions that indirectly provide financial services; group of individuals is a group of legal entities and (or) individuals recognized by a group of persons according to The law of the Russian Federation; affiliated person-legal and (or) natural person, recognized by the affiliated person in accordance with the legislation of the Russian Federation. The provisions of this Federal Act concerning financial organizations apply to affiliated persons and to a group of persons. CHAPTER 2. DOMINICIENT STATUS OF THE FINANCIAL SITUATION Article 4. Definition of the dominant position of the financial organization 1. The financial organization's dominant position in the financial services market is determined by the Federal Antimonopoly Authority under this Federal Act in the manner approved by the Federal Antimonopoly Authority for each market Financial services in agreement: on the securities market-with federal securities regulators; in the banking services market-with the Central Bank of the Russian Federation Federation; on the insurance market-with the federal authority The executive branch in the market of insurance services; in the market of other financial services-with the federal executive authorities, which regulate the market of these financial services. 2. The share of financial services in the financial services market is determined on the basis of the ratio of turnover to a certain type of financial services to the total turnover of financial organizations within the established boundaries of the financial services market. The Government of the Russian Federation sets out a methodology for determining the financial services of financial services and the financial services market. 3. The dominant position of the financial organization is determined within the financial services market, irrespective of its location as defined in the founding documents. Article 5. Abuse of a financial organization dominant position It is prohibited for a financial organization to dominate the financial services market that makes it difficult for others to gain access to the financial services market Financial organizations and (or) adversely affecting the general conditions of financial services in the financial services market, including: inclusion in a contract of discriminatory conditions that are financial to an unequal position compared to other financial organizations; consent to enter into a contract only if there are provisions in which the financial organization is not interested; establishing an unreasonably high (low) price at the conclusion of the contract; Financial services provided. CHAPTER 3. MONITORING OF RESTRICTIONS ON THE MARKET CONSTITUTION Article 6. Agreements or concerted actions of the financial financial services in the financial services market are not permitted and are recognized in full or in accordance with the procedure established by this Federal Law. partially invalid any agreement or concerted action of financial institutions between or with federal executive authorities implementing regulation of the financial services market with the federal authorities organs of the executive branch of the Russian Federation, local authorities and any legal entities, except agreements or concerted action of financial organizations with the Central Bank of the Russian Federation, if such agreements or The agreed actions may or may result from limiting competition in the financial services market, including if agreements or concerted actions are directly or indirectly aimed at: pricing (maintaining) prices (tariffs), discounts, supplements, surcharges, margins, interest rates; raise, reduce or maintain bids; section of the financial services market by territorial principle, by type of financial services provided in the market of financial services or on consumers of financial services in the market Financial services; limit access to or remove financial services from other financial organizations; establishing unreasonable membership criteria that are barriers to entry into payment and other systems without which no competing financial institutions can participate Provide consumers with the necessary financial services to compete in the financial services market. Article 7. Agreements or concerted actions of financial organizations not subject to prohibition The prohibition is not subject to agreement or concerted action of financial organizations in the cases provided for by Russian law Federations, as well as agreements or concerted action by financial organizations, the terms of which are intended to: Unify the performance standards of the financial organizations participating in the agreements; research and development; the use of common software and technical tools for the processing of information and databases. The Government of the Russian Federation may establish other non-derogable terms and conditions of agreements or concerted action, including certain types of financial organizations. Article 8. Notify the Federal Anti-Monopoly Authority of agreements or concerted action by the financial restrictive competition organizations on the financial services market 1. Financial organizations are required to notify the Federal Anti-Monopoly Authority of all prisoners in any form of agreement or decision to take coordinated action with or with the federal executive authorities The authorities, the executive authorities of the constituent entities of the Russian Federation, the local authorities, as well as any legal persons (hereinafter referred to as the notification) in the manner provided for by this Federal Law, with the exception of agreements, or agreed actions by the financial organizations concerned with or to have a share in the financial services market of a lower standard set by the Government of the Russian Federation. The notification form is set by the Federal Antimonopoly Authority. The notification shall be accompanied by the following documents: copy of the negotiated agreement or decision to take concerted action with all applications; details of the main activities of the parties to the agreement or agreed upon the Central Bank of the Russian Federation, the federal executive authorities responsible for regulating the financial services market. The Federal Antimonopoly Authority is not entitled to request other documents and information from financial organizations. 2. The Federal Antimonopoly Authority shall be notified of the application of the participants or one of the parties to the agreement or concerted action within 15 days of the conclusion of the agreement or the decision to take concerted action. Article 9. How the Federal Antimonopoly has decided to accept agreements or concerted action by financial organizations limiting competition in the market financial services 1. The Federal Antimonopoly Authority, following the examination of the notification and all documents submitted within 30 days of receipt of the notification and documents, provided that the conclusion of the agreement or the decision to order The agreed actions of which he was notified could lead to a restriction of competition in the financial services market, makes a reasoned decision on the recognition of the agreement or concerted action of financial organizations to be lawful, or restrict competition in the financial services market. The Federal Antimonopoly Authority may decide to further verify the notification submitted and all documents in accordance with the procedure established by the Federal Antimonopoly Authority shall notify the parties to the agreement or concerted action. The [ [ Federal Antimonopoly Authority]] within 30 days of the decision to conduct an additional review of the submitted notification and all documents makes a reasoned decision on acceptance of the agreement or agreed upon Actions are legitimate or restricting competition in the financial services market. 2. In the event that the Federal Anti-Monopoly Authority has concluded an agreement or concerted action, the parties to the agreement or concerted action are required by the federal authorities to compete in the financial services market The authority has either terminated the agreement or terminated the agreement or changed the terms of the agreement or agreed actions, as well as the other lawful requirements of the agreement the Federal Antimonopoly Authority for the Restoration of the Competition conditions in the financial services market. 3. The Federal Antimonopoly Authority may revoke its decision to recognize the agreement or concerted action of financial organizations by lawful or limited competition in the financial services market or to amend its decisions in that the number of decisions to perform additional verification of the agreement or concerted action after 30 days from the beginning of the review of the notification of the agreement or concerted action, provided that: The facts that served as the basis for the decision to accept the agreement or of concerted action by lawful or limiting competition in the financial services market; if the parties to an agreement or concerted action violate any of the provisions specified in the decision to accept the agreement, or Concerting actions by lawful or limiting competition in the financial services market; if a decision is made to accept an agreement or concerted action by lawful or restrictive competition in the financial services market is based on unreliable information received from the parties to the agreement or concerted action. Article 10. Recognition of invalid agreements or transactions committed as a result of the agreed action of financial organizations that restrict competition in the financial services market of the Agreement or transaction, The acts committed by financial organizations resulting from concerted action by financial institutions that restrict competition in the financial services market may be declared null and void, in whole or in part, by the courts in the case of the Federal Antimonopoly Service of the Authority. Losses resulting from agreement or concerted action that restrict competition and (or) adversely affect consumers in the financial services market shall be reimbursed in accordance with the procedure established by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 11. Create joins (associations, unions) of financial organizations 1. The establishment of associations (associations, unions) of financial organizations is carried out only after the prior approval of the Federal Antimonopoly Authority in the manner provided for by this Federal Law. 2. Participants or one member of associations (associations, unions) of financial organizations are obliged to submit to the Federal Antimonopoly Authority a request for the receipt of the consent referred to in paragraph 1 of this article within 30 days of adoption Their decisions on the establishment of associations (associations, unions) of financial organizations. The decision to recognize the formation of associations (associations, unions) of financial organizations by lawful or limiting competition in the financial services market is made by the Federal Antimonopoly Authority within 30 days of receipt information that is necessary for the decision to be taken. 3. If the Federal Anti-Monopoly Body recognizes that the formation of associations (associations, unions) of financial organizations restricts competition in the financial services market, financial organizations participating in these associations (Associations, unions) are obliged, at the request of the Federal Anti-Monopoly Authority, to change the conditions for their establishment, as well as to meet other legal requirements as stipulated by the decision of the Federal Antimonopoly Authority to restore the necessary conditions. Competition in the financial services market. 4. The actions of financial organizations (associations, unions) referred to in this article which restrict competition in the financial services market may be declared null and void, in whole or in part, by the courts. The suit of the Federal Antimonopoly Authority. " The losses caused by the creation of associations (associations, unions) that led to the restriction of competition on the financial services market are to be compensated in accordance with the procedure established by the legislation of the Russian Federation. CHAPTER 4. NORMATIVE LEGAL FRAMEWORK AND ACTIONS OF THE FEDERAL BANK OF THE RUSSIAN FEDERATION, THE CENTRAL BANK OF THE RUSSIAN FEDERATION, THE EXECUTIVE AUTHORITIES OF THE EXECUTIVE BOARD OF THE RUSSIAN FEDERATION LOCAL SELF-GOVERNMENT ON CONSTITUTION COMPETITION IN THE MARKET SERVICES COMMUNITY Article 12. Legal acts and actions of the federal executive authorities, the Central Bank of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation and local bodies Self-governments aimed at limiting competition in the financial services market Federal executive authorities, Central Bank of the Russian Federation, executive authorities of Russian regions Federations, local authorities are not entitled to accept -normative legal acts and (or) to perform actions, including coordinated actions, with other federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local authorities, financial institutions organizations that restrict competition in the financial services market to create unreasonably favourable conditions for individual financial organizations and (or) adversely affect the interests of other financial organizations, except in cases where OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal bodies of executive power, the Central Bank of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation, local self-government bodies are also prohibited: unjustifiable The creation of new financial institutions in the financial services market; \na limit otherwise, as in the case of federal law, the access of financial organizations to or from the financial services market; to impede the activities of financial institutions in the market Financial services; set out rules that restrict the consumers of financial services to select the financial organizations that provide them; provide one or more financial organizations with benefits that place them in Priority to other financial organizations working in the same financial services market. Article 13. Select financial organizations, involved in separate operations with the corresponding budget (Title of article in Federal Law 02.02.2006 N 19-FZ) The list of financial organizations involved in individual transactions with the corresponding budget is determined by holding an open auction or open auction. (In the wording of Federal Law of 02.02.2006) N 19-FZ) Article 14. The order of open tenders or open auctions to define financial organizations that are attracted to individual operations with funds corresponding budget Open contests or open auctions for the purpose of identifying financial organizations involved in individual transactions with the respective budget is carried out in the Federal Act No. 94 of 21 July 2005 placing of orders for the delivery of goods, delivery of works, services for state and municipal needs. "(Article 14 of the Federal Law 02.02.2006 N 19-FZ 5. INVALID COMPETITION Article 15. Forms of unfair competition It is prohibited unfair competition in the financial services market between financial organizations, which is expressed in actions aimed at obtaining benefits in the implementation business, the conclusion of agreements or concerted action among themselves or with third parties that contradict the Russian Federation's legislation and the customs of business and may cause or cause loss to other financial organizations-competitors in the financial services market, or have done damage to their business reputation, including: spread false, inaccurate or distorted information that could damage another financial organization or damage its business reputation; incorrect comparison Financial organization of financial services it provides with financial services provided by other financial organizations; receipt, use and disclosure of information constituting a service or business secret, without the consent of its owner, unless such action is provided for OF THE PRESIDENT OF THE RUSSIAN FEDERATION CHAPTER 6. IN THE CONCENTRATION OF CAPITAL ' S CONCENTRATION ON THE MARKET OF FINANCIAL SERVICES Article 16. State control of the concentration of capital in the financial services market State control over the acquisition of assets or shares (shares in the authorized capital) of financial organizations is carried out in the following cases: acquisition as a result of one or more transactions by a legal or natural person (group of persons) more than 20 per cent of the shares (shares in the authorized capital) of the financial organization; acquisition resulting from one or more transactions, the assignment of claims by a legal or natural person (a group of persons) of the assets of a financial organization whose value exceeds the value of the financial organization fixed by the Government of the Russian Federation; acquisition by a legal or natural person (group of persons), including The basis of the agreement on the trustee, the agreement on joint activities or the contract of instruction or other transactions, rights allowing to determine the conditions for the financial management of its business activities or to carry out functions of its executive body; Financial organization and changes in the charter capital of the financial organization; mergers, accession of financial organizations. Article 17. The procedure for obtaining the prior consent of the Federal Antimonopoly Authority for the acquisition of assets or shares (shares in authorized capital) of financial organizations 1. In cases where the authorized capital of a financial institution, assets or shares (shares in the authorized capital) exceeds the amount established by the Government of the Russian Federation for the transactions referred to in article 16 This Federal Act requires the prior approval of the Federal Antimonopoly Authority. However, in cases of mergers, accession of financial organizations, the requirements are fulfilled when the requirements are reconstituted as a result of the merger, the accession of the financial institution or at least one of the following: the members of the specified merge, the accession. 2. In order to obtain prior consent for the transactions referred to in article 16 of this Federal Law, the parties shall submit to the Federal Antimonopoly Authority in addition to the documents submitted to the authority conducting the transaction. State registration, application for the said prior consent, details of main activities and turnover in major activities, financial and economic reporting to the Central Bank of the Russian Federation THE RUSSIAN FEDERATION regulation of the financial services market, information on ownership on any grounds (shares in the authorized capital) of commercial organizations and information on membership in non-profit organizations, as well as information on ownership of their assets. The Federal Antimonopoly Authority is not entitled to request other documents and information from financial organizations. The Federal Antimonopoly Authority shall, within 30 days of receipt of the documents listed in this paragraph, inform the parties in writing of the decision on prior consent to commit the transactions specified in Article 16 of this Federal Act. If necessary, the period may be extended by the federal competition authority, but not for more than 15 days. Article 18. The rejection of the application The Federal Anti-Monopoly Authority has the right to reject the application for prior consent to the transactions referred to in article 16 of this Federal Act if its satisfaction may result in The emergence or reinforcement of the dominant position of the parties involved and the restriction of competition in the financial services market. In so doing, the application may be granted in the event of enforcement of the requirements for competition in the financial services market. However, these requirements, as well as the time limits for their execution, must be contained in the decision of the Federal Antimonopoly Authority on prior consent to commit the transactions referred to in article 16 of this Federal Law. The application for prior consent to the transactions referred to in article 16 of this Federal Law may not be granted in case of failure to submit reliable documents and information of importance to the Adoption of the above decision. In cases of refusal of the Federal Antimonopoly Authority and the Central Bank of the Russian Federation to consent to the transactions referred to in article 16 of this Federal Law, as well as in cases established by law In the Russian Federation, the parties are obliged to transfer their rights to participate in the management of the financial administration within a period of three months from the date of the Federal Anti-Monopoly Body's adoption of the decision referred to in article 17, paragraph 2, of this Federal Act. organization or equity (shares in the authorized capital) of a financial institution third parties who are not part of the group of parties to the transaction, as well as to fulfill other requirements of the Federal Antimonopoly Authority to restore the necessary conditions of competition in the financial services market. The Federal Antimonopoly Authority may grant a request for prior consent to the transactions referred to in article 16 of this Federal Law, in the following cases: if the parties to the transactions are The ability to restrict competition in the financial services market will prove that the positive effects of these transactions, including socio-economic effects, will exceed the negative impact on the financial services market; will prove that ownership of shares (shares in the authorized capital) of financial The organization is linked solely to the receipt of income from the organization. In this case, the ownership of these shares (shares in the authorized capital) is permitted only within one year of acquisition and realization of rights related only to their sale. Article 19. The procedure for notifying the Federal Antimonopoly of the acquisition of assets or shares (shares in the authorized capital) of the financial organizations 1. In cases where the size of the capital of a financial organization, assets or shares (share in the authorized capital) of which is acquired does not exceed the amount established by the Government of the Russian Federation, financial organizations shall be notified of the commission of the commission. Transactions referred to in article 16 of this Federal Act, the Federal Anti-Monopoly Authority within 30 days of the said transactions. However, in cases of mergers, the accession of financial organizations, the above requirements with respect to the authorized capital of financial organizations shall be executed when the requirements are reconstituted as a result of the merger, accession by the financial organization or by one of the participants in the said merger, accession. 2. The participants in the transactions submit to the Federal Antimonopoly Authority notifications of transactions, information on main activities and turnover of major activities, financial and economic reports submitted to the Central Bank of the Russian Federation. Federations, federal executive authorities exercising regulation in the financial services market, knowledge of ownership on any grounds (shares in authorized capital) of commercial organizations and information on membership of non-profit organizations. organizations, as well as information on the ownership of the assets of organizations. The Federal Antimonopoly Authority is not entitled to ask for other documents and information from the participants. The Federal Antimonopoly Authority, after examining the notification and all necessary documents within 30 days of the receipt of all the necessary information, if there is evidence that the transactions have been notified, may cause or strengthen the dominant position of a financial institution, restrict competition, make a reasoned decision on the recognition of transactions by lawful or limited competition in the financial services market, and The complainant. 3. If necessary, the period referred to in paragraph 2 of this article may be extended by a federal competition authority, but not for more than 15 days. 4. In the event that the Federal Antimonopoly Authority decides, in accordance with paragraph 3 of this article, to extend the period of examination of the notice and all necessary documents until the consent of the Federal Antimonopoly Body is obtained by the participants The transactions are not entitled to participate in the management of the financial organization or to dispose of the relevant assets or shares (shares in the authorized capital) of the financial organization. At the same time, prior to the adoption of the decision by the Federal Antimonopoly Body and in the cases established by federal laws and decisions of the Central Bank of the Russian Federation, the participants of the deals are entitled to receive income on them. 5. In the cases referred to in paragraph 1 of this article, the parties to the transaction have the right to seek prior consent for the transactions referred to in article 16 of this Federal Law to the Federal Antimonopoly Authority, which is obliged to consider this query is in the specified order. 6. Consent to transactions relating to the acquisition of assets or shares (shares in the authorized capital) of financial organizations, as well as the rights to determine the conditions of business or to carry out functions The executive body of the financial organization that affects the financial organization's financial services market is provided by the Federal Anti-Monopoly Authority in accordance with the procedure established by the Federal Antimonopoly Authority. Article 20. The procedure for resolving disputes in connection with the control of the concentration of capital in the financial services market Transactions referred to in article 16 of this Federal Act, committed in violation of the order of the present The federal law, which causes or increases the dominant position of financial institutions and limits competition in the financial services market, may be declared invalid by the courts in the case of the Federal Antimonopoly Service of the Authority. In case of non-compliance by the parties to the said transactions of the requirements of the Federal Anti-Monopoly Authority to restore the necessary conditions of competition in the financial services market within the time limits set by them, such transactions may also be recognized The courts are not competent to take legal action on the claim of the Federal Anti-Monopolis Authority. Failure to comply with decisions taken by the Federal Antimonopoly Authority under this Federal Act is the basis for the annulment of the transactions in the Federal Antimonopoly Act. of the Authority. Violation of the requirements of this Federal Act in obtaining the prior consent of the Federal Antimonopoly Authority to commit the transactions referred to in article 16 of this Federal Law or the notification referred to in Article 19 of this Federal Act provides for the imposition of fines by the Federal Anti-Monopoly Authority under this Federal Act. CHAPTER 7. State regulation ON THE PROTECTION OF COMPETITION IN THE MARKET SERVICES SECTION Article 21. Federal authorities implementing antimonopoly regulation on the market financial services State policy on competition and antimonopoly regulation in the financial services market It is implemented by the Federal Antimonopoly Authority: on the securities market-with federal executive authorities implementing regulation on the securities market; on the banking services market-with the Central Bank OF THE PRESIDENT OF THE RUSSIAN FEDERATION The executive branch is responsible for regulating in the market of insurance services; in the market of other financial services-with federal executive authorities, which regulate the market of these financial services. Article 22. The tasks and functions of the Federal Antimonopoly Service of the Financial Services Competition Authority Services 1. The main tasks of the Federal Anti-Monopoly Authority, implemented jointly with the Central Bank of the Russian Federation, the federal executive authorities implementing regulation of the financial services market are: To promote competition in the financial services market; prevention, restriction and suppression of unfair competition and suppression of abuses arising from the dominant position of the financial organization in the market financial services; Compliance with competition law in the financial services market. 2. The Federal Antimonopoly Authority, taking into account the norms established by this Federal Act, performs the following main functions: Legislation and other regulations on the protection of competition in the financial services market and the practice of their application, as well as on draft federal laws and other regulatory instruments on the functioning of the financial market services and competition; makes recommendations OF THE PRESIDENT OF THE RUSSIAN FEDERATION Financial services; supervises the enforcement of competition laws and other regulatory legal acts to protect competition in the financial services market when entering into agreements and the conduct of concerted action by financial organizations; controls merge, financial integration organizations and acquisition of rights, assets or shares (shares in the authorized capital) of financial organizations; Financial services. Article 23. The powers of the Federal Antimonopoly Authority [ [ Federal Antimonopoly Authority]] have the right: to provide financial organizations with mandatory rules to stop violations of antitrust laws and other Legal instruments for the protection of competition in the financial services market and (or) the removal of their effects, the restoration of the original provision, the avoidance or modification of contracts contrary to competition law and other Legal instruments for the protection of competition in the financial market Services, the conclusion of contracts with another person, the transfer to the federal budget of profits resulting from the violation of antimonopoly laws and other regulatory acts on the protection of competition in the financial services market; " To submit proposals to the Government of the Russian Federation and the Central Bank of the Russian Federation on the abolition of regulatory and other legal acts adopted by the federal executive authorities, the Central Bank of the Russian Federation, or of their suspension, as well as on the termination or modification of their prisoners Agreements or concerted acts contrary to antitrust laws and other regulatory legal acts on the protection of competition in the financial services market; to send to the executive authorities of the constituent entities of the Russian Federation Federation and local authorities regulations on the repeal or amendment of their legal acts, as well as on the termination or modification of their agreements or concerted action contrary to the antitrust law and other regulatory instruments for the protection of competition in the market Financial services; to make representations to the licensing authorities for financial services, cancellations from financial institutions that violate competition law and other regulatory legal systems. Acts on the protection of competition in the financial services market, licences; take decisions to impose fines on financial organizations and administrative penalties on the heads of these financial organizations, citizens, including individual for entrepreneurs, as well as federal officials OF THE PRESIDENT OF THE RUSSIAN FEDERATION apply to a court or arbitral tribunal with statements of violations of antitrust laws and other regulatory legal acts on the protection of competition in the financial services market, including recognition as invalid in whole or in part agreements contrary to competition law and other Legal acts for the protection of competition in the financial services market, the compulsory conclusion of a contract with another person, and also to participate in cases involving the application and violation of competition law by a court or tribunal. Legislation and other regulatory legal acts on the protection of competition in the financial services market; to apply to the relevant law enforcement agencies for violations of competition law and other regulatory legal instruments. on the protection of competition in the financial services market, as well as materials for the The question of the institution of a criminal case on the grounds of offences relating to the violation of antimonopoly laws and other regulatory instruments for the protection of competition in the financial services market; Financial services market situation in the financial services market; to determine the abuse of dominant positions by financial organizations, breaches of the prohibitions of agreements and concerted action, unfair competition, and also define the actions of financial organizations as Violating antitrust laws and other regulatory acts on the protection of competition in the financial services market; , including in conjunction with the Central Bank of the Russian Federation, by the federal executive authorities Authorities involved in regulation of the financial services market, regulations, recommendations and guidelines for the protection of competition in the financial services market, including certain types of financial organizations; the Central Bank of the Russian Federation, the Federal The executive authorities, which regulate the financial services market, explain the application of anti-monopoly legislation and other regulatory legal acts on the protection of competition in the financial services market; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 24. Coordination of the Federal Antimonopoly Service of the authority and federal executive bodies of the Financial Services Regulatory Authority, Central Bank of the Russian Federation 1. The coordination between the Federal Antimonopoly Authority and the federal executive authorities regulating the financial services market of the Central Bank of the Russian Federation is based on functional distribution. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The federal executive authorities, which regulate the financial services market, the Central Bank of the Russian Federation is obliged to provide, at the request of the Federal Antimonopoly Authority, the regulatory and other legal acts that they have adopted, Their agreements with financial organizations, as well as the necessary information to analyse and monitor competition in the financial services market. Article 25. The right of access to information Employees of the Federal Antimonopoly Authority, authorized by the Federal Antimonopoly Authority in the manner prescribed by them, have the right of unimpeded access for the performance of official duties. OF THE PRESIDENT OF THE RUSSIAN FEDERATION institutions and familias with the written request with the necessary documents and information, provided that they are not disclosed State, official and commercial secrets. The police are obliged to provide practical assistance to the employees of the Federal Antimonopoly Authority in the performance of their duties, while ensuring unimpeded access to the necessary documents and information. Article 26. Responsibility for reporting to the Federal Antimonopoly Authority Federal executive authorities, the Central Bank of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation and bodies Local government (their officials), financial institutions (their leaders), citizens, including individual entrepreneurs, are obliged to submit to the Federal Antimonopoly Authority reliable documents, to provide written and oral documents. of the explanation and other information required for the The Federal Anti-Monopoly Body, with the exception of bank secrecy. Article 27. The Federal Anti-Monopoly Body's duties and responsibilities of the Federal Antimonopoly Authority are not subject to the confidentiality of the information obtained by the Federal Anti-Monopoly Body. Disclosure. If the employees of the Federal Anti-Monopoly Authority reveal information that constitutes a commercial secret, the employees are liable under the law of the Russian Federation, in the manner prescribed by the law of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Loses shall be compensated in accordance with the civil law of the Russian Federation. Chapter 8: RESPONSIBILITY FOR VIOLATION OF THE ANTI-COMPILENT AND OTHER LEGAL INSTRUMENTS CONCERNING THE PROTECTION OF COMPETITION LAW ON MARKET SERVICES Article 28. The obligation to enforce the decisions and requirements of the Federal Antimonopoly Authority 1. In case of violation of antimonopoly legislation and other regulatory acts on the protection of competition in the financial services market, federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and local authorities Self-government (their officials), financial organizations (their leaders), citizens, including individual entrepreneurs, are obliged, in accordance with the decisions and requirements of the Federal Antimonopoly Authority, to cease the violation. Antimonopoly legislation and other regulatory legal acts, restore the original provision, terminate or amend the contract, conclude a contract with another person, annul an act that does not comply with the competition law and other regulatory instruments for the protection of competition in the market Financial services, transfer to the federal budget the profit obtained as a result of violation of antimonopoly laws and other regulatory acts on the protection of competition in the financial services market, perform other actions envisaged in the budget. The decisions and prescriptions of the Federal Anti-Monopoly Authority. 2. In the event of violation of competition law and other regulatory acts on the protection of competition in the financial services market, the Federal Anti-Monopoly Authority has the right to impose fines and to issue warnings in administrative order. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 29. Types of responsibility for breach of antitrust laws and other regulatory legal acts on protection of competition in the financial services market For wrongful acts violating antitrust laws Legislation and other legal acts on the protection of competition in the financial services market, officials of federal executive authorities, executive bodies of the constituent entities of the Russian Federation and local authorities, Financial organizations (their leaders), citizens, including Individual entrepreneurs have civil, administrative, criminal or other liability in accordance with the legislation of the Russian Federation. CHAPTER 9. THE PROCEDURE FOR ADOPTION OF THE DECISIONS AND ACTIONS OF THE FEDERAL ANTI-MODAL ANTILENT AUTHORITY Article 3O. Grounds for the consideration of cases by the Federal Antimonopoly Authority of violations of the competition law and other competition law enforcement regulations in the financial services market 1. The Federal Antimonopoly Authority considers cases of violations of antimonopoly legislation and other regulatory legal acts on the protection of competition in the financial services market, takes decisions on them and directs orders within its own limits. competence. The statements of the Central Bank of the Russian Federation and the federal authorities are grounds for considering cases of violations of antitrust laws and other regulatory acts on the protection of competition in the financial services market. The executive authorities, the executive authorities of the constituent entities of the Russian Federation, local authorities, financial organizations, citizens, including individual entrepreneurs, and the submission of the prosecutor's office. The Federal Antimonopoly Authority, on its own initiative, may consider cases of violations of antitrust laws and other regulatory acts on the protection of competition in the financial services market. 2. The applications referred to in paragraph 1 of this article shall be submitted to the Federal Antimonopoly Authority in writing with the application of documents indicating violations of antimonopoly laws and other legal acts on protection Competition in the financial services market. 3. The administrative offences referred to in this Federal Act, as well as the enforcement of administrative penalties for such cases, are carried out in accordance with the procedure set out in the regulations. The Code of the Russian Federation on Administrative Offences. N 196-FZ) The rules adopted by the Federal Antimonopoly Committee determine the procedure for dealing with violations of antitrust laws and other regulatory acts on the protection of competition in the financial services market by the Central Bank of the Russian Federation, the federal executive authorities responsible for regulating the financial services market, respectively. Article 31. Procedure for appeals against decisions, injunctions of the Federal Antimonopoly Authority (Name of article as amended by Federal Law from 30.12.2001 N196-FZ) 1. The federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the local authorities (their officials), financial organizations (their leaders), citizens, including individual entrepreneurs, have the right to apply to a court or to an arbitral tribunal with a declaration that the decisions and requirements of the Federal Antimonopoly Authority are null and void. (In the wording of Federal Law No. N196-FZ) 2. The application referred to in paragraph 1 of this article shall suspend the execution of the decisions and orders of the Federal Antimonopoly Authority for the time of consideration of the said application before a court or arbitral tribunal before the decision of the court takes effect, or The arbitral tribunal is legally enforceable. Decisions and Rules of the Federal Antimonopoly Authority may be appealed against during the period of limitation in accordance with the law of the Russian Federation. Article 32. The execution of the decisions and orders of the Federal Antimonopoly Authority 1. The decisions and orders of the Federal Antimonopoly Authority are enforceable within the time limit fixed by them. Failure to comply with these decisions and regulations entails liability under the laws of the Russian Federation and this Federal Act. In the event of failure to execute decisions and orders to repeal or amend an act which violates the competition law and other regulatory legal acts on the protection of competition in the financial services market, to restore the situation, prior to the alleged violation, the Federal Anti-Monopoly Authority may apply to the arbitral tribunal to declare the act void, in whole or in part, or to restore the situation prior to the date of the violation. the specified violation. In case of failure to comply with the decisions and requirements of the Federal Anti-Monopoly Authority on the modification or avoidance of antitrust laws and other regulatory acts on the protection of competition in the financial services market of the contract or the conclusion of a contract with another person, the Federal Antimonopoly Authority may apply to a court or an arbitral tribunal to declare the contract null or void, in whole or in part, or to the conclusion of the contract. In case of non-compliance with decisions and orders of the Federal Anti-Monopoly body about transfer to the federal budget revenues obtained as a result of violation of antimonopoly laws and other normative legal acts on protection Competition in the financial services market, the Federal Antimonopoly Authority is entitled to bring an action against the federal budget for improperly obtained profits to a court or an arbitral tribunal. 2. (Spconsumed by Federal Law of 30 December 2001) N196-FZ) CHAPTER 10. FINAL PROVISIONS Article 33. Entry into force of this Federal Law 1. The law comes into force six months after 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. President of the Russian Federation B. Yeltsin Moscow, Kremlin 23 June 1999 N 117-FZ