RUSSIAN FEDERATION FEDERAL LAW Adopted July 8, 2006 GosudarstvennojDumoj competition Ozaŝite year Approved 14 July 2006 SovetomFederacii (in red. Federal law dated December 1, 2007 N 318-FZ-collection of laws of the Russian Federation, 2007, no. 49, St.
6079; Federal zakonaot April 29, 2008 N 58-FZ-collection of laws of the Russian Federation, 2008, no. 18, art. 1941;
Federal law dated June 30, 2008 N 108-FZ-collection of laws of the Russian Federation, 2008, no. 27, art. 3126;
Federal law dated November 8, 2008 N 195-FZ-collection of laws of the Russian Federation, 2008, no. 45, art. 5141;
Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601;
Federal law dated July 17, 2009 N 173-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3610;
Federal law dated December 27, 2009 N 374-FZ-collection of laws of the Russian Federation, 2009, no. 52, art. 6450;
Federal law dated December 27, 2009 N 379-FZ-collection of laws of the Russian Federation, 2009, no. 52, art. 6455;
Federal law dated April 5, 2010 N 40-FZ-collection of laws of the Russian Federation, 2010, N 15, art. 1736;
Federal law dated May 8, 2010 N 83-FZ-collection of laws of the Russian Federation, 2010, N 19, art. 2291;
Federal law dated November 29, 2010 N 313-FZ-collection of laws of the Russian Federation, 2010, no. 49, St. 6409;
Federal law dated March 1, 2011 N 22-FZ-collection of laws of the Russian Federation, 2011, N 10, art. 1281;
Federal law dated June 27, 2011 N 162-FZ-collection of laws of the Russian Federation, 2011, N 27, art. 3873;
Federal law dated July 1, 2011 N 169-FZ-collection of laws of the Russian Federation, 2011, N 27, art. 3880;
Federal law dated July 11, 2011 N 200-FZ-collection of laws of the Russian Federation, 2011, N 29, art. 4291;
Federal law dated July 18, 2011 N 242-FZ-collection of laws of the Russian Federation, 2011, N 30, art. 4590;
Federal law dated November 21, 2011 (N) 327-FZ-collection of laws of the Russian Federation, 2011, N 48, art. 6728;
Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343;
Federal law dated July 28, 2012 N 145-FZ-collection of laws of the Russian Federation, 2012, N 31, art. 4334;
Federal law dated December 30, 2012 N 318-FZ-collection of laws of the Russian Federation, 2012, N 53, art. 7643;
Federal law dated July 2, 2013 N 144-FZ-collection of laws of the Russian Federation, 2013, N 27, art. 3436;
Federal law dated July 2, 2013 N 185-FZ-collection of laws of the Russian Federation, 2013, N 27, art. 3477;
Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, N 30, art. 4084;
Federal law dated November 2, 2013 (N) 294-FZ-collection of laws of the Russian Federation, 2013, N 44, art. 5633;
Federal law dated December 21, 2013 N 375-FZ-collection of laws of the Russian Federation, 2013, N 51, art. 6695;
Federal law dated December 28, 2013 N 396-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6961;
Federal law dated December 28, 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988;
Federal law dated June 4, 2014 N 143-FZ-collection of laws of the Russian Federation, 2014, N 23, art. 2928;
Federal law dated July 21, 2014 N 265-FZ-collection of laws of the Russian Federation, 2014, N 30, art. 4266;
Federal law dated June 29, 2015 N 156-FZ-collection of laws of the Russian Federation, 2015, N 27, art. 3947;
Federal law dated July 13, 2015 N 213-FZ-collection of laws of the Russian Federation, 2015, N 29, art. 4339;
Federal law dated July 13, 2015 N 216-FZ-collection of laws of the Russian Federation, 2015, N 29, art. 4342;
Federal law dated July 13, 2015 N 250-FZ-collection of laws of the Russian Federation, 2015, N 29, art. 4376;
Federal law dated October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629) Chapter 1. Article Obŝiepoloženiâ 1. Iceli item 1 of the present Federal law. NastoâŝijFederal′nyj law defines the institutional and legal framework for the protection of competition, including the prevention and suppression of: 1) monopolistic activity and unfair competition;
2) prevent, restrict, eliminate competition by federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, in other operating functions of these bodies or organizations, as well as State non-budgetary funds, Central Bank of the Russian Federation.
2. the objectives of this federal law âvlâûtsâobespečenie the unity of the economic space, free movement of goods, freedom of economic activity in the Russianfederation, protection of competition and the creation of conditions for effective functioning of commodity markets.
Article 2. Antimonopoly legislation of the Russian Federation iinye normative legal acts on zaŝitekonkurencii 1. Antimonopoly legislation of the Russian Federation (hereinafter referred to as antitrust law) is based on the Constitution of the Russian Federation, the Civil Code of the Russian Federation and consists of this federal law, other federal laws regulating the relations indicated in article 3 of this federal law.
2. relations referred to in article 3 of this federal law may be governed by decisions of the Government of the Russian Federation, the regulations of the Federal competition authority in cases provided by antitrust law.
3. If an international treaty of the Russian Federation stipulates other rules than those predusmotrenynastoâŝim federal law, rules of the International Treaty of the Russian Federation.
Article 3. Sferaprimeneniâ 1 of this federal law. This federal law rasprostranâetsâna relations that are related to the protection of competition, including the prevention and suppression of monopolistic activity and unfair competition, and in which the Russian legal entities and foreign legal persons, organizations, federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, other performing functions of these bodies or organs of the Organization, as well as public vnebûdžetnyefondy, the Central Bank of the Russian Federation natural persons, including individual entrepreneurs (in red. Federal law dated July 17, 2009 N 164-FZ collection zakonodatel′stvaRossijskoj Federation, 2009, no. 29, art. 3601). 2. The provisions of this federal law apply to reached outside the territory of the Russian Federation agreements between Russian and (or) foreign individuals or organizations, as well as to their actions, if such agreements or actions have an impact on the State of competition in the territory of the Russian Federation (as restated by federal law from December, 2011. N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 3. The provisions of this Federal Act does not apply to the relations regulated by uniform rules of competition in cross-border markets, control of which falls within the competence of the Eurasian Economic Commission in accordance with the International Treaty of the Russian Federation.
Criteria to cross-border market shall be established in accordance with an international agreement of the Russian Federation (part 3 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art.
5629, comes into effect from January 5, 2016).
Article 4. Osnovnyeponâtiâ used in this Federal′nomzakone in this Federal′nomzakone uses the following concepts: 1) the goods object of civil rights (including the work of the service, including financial service), intended for sale, Exchange, or other introduction into circulation;
2) financial service-banking service, strahovaâusluga service on securities market, service under a contract of lease, as well as the service provided by a financial institution and is associated with involvement and (or) placing funds of legal entities and individuals;
3) interchangeable goods-goods that can be compared according to their functional purpose, use, quality and technical characteristics, prices and other parameters in such a way that getting really replaces or is ready to replace one item to others through consumption (including consumption for production);
4) commodity market-scope treatment goods (including goods of foreign manufacture), which cannot be replaced by another product or substitutable products (hereinafter referred to as the opredelennyjtovar),
within the boundaries of which (including geographical) based on economic, technical, or any other possibility or desirability of acquirer may buy the goods, and this opportunity or desirability of missing abroad;
5) entity-a commercial organization, non-profit organization conducting it income-generating activities, individual′nyjpredprinimatel′, otherwise the physical person who is not registered as an individual entrepreneur, but exercising professional income-generating activities, in accordance with the federal laws on the basis of State registration and (or) licenses, as well as by virtue of membership in the self-regulatory organization (in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
6) finansovaâorganizaciâ-entity providing financial services, a credit institution, professional securities market participant, the organizer of the trade, clearing organization, MFI, kreditnyjpotrebitel′skij cooperative, insurance company, insurance broker, mutual insurance, pension fund, the management company investment funds paevyhinvesticionnyh funds, private pension funds, specialized depository of investment funds, mutual funds, private pension funds, Lombard (podnadzornaâ, Central Bank of the Russianfederation) leasing company (a financial institution , financial institution, do not podnadzornaâ to the Central Bank of the Russian Federation) (as amended by the Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, no. 30, art. 4084; federal law dated December 21, 2013 N 375-FZ-collection of laws of the Russian Federation, 2013, N 51, art. 6695);
7) competition rivalry of economic entities, in which the independent actions of each of the nihisklûčaetsâ or restrict the possibility of each vodnostoronnem order affect the General conditions for the treatment of products in the relevant market;
8) diskriminacionnyeusloviâ-goods market access conditions, usloviâproizvodstva, Exchange, consumption, purchasing, selling, a peredačitovara, in which the entity or multiple business entities placed in an unequal position compared with other economic entity governmental laws and other business entities;
9) nedobrosovestnaâkonkurenciâ-any activity of managing subjects (Group of people) who are focused on polučeniepreimuŝestv when carrying out entrepreneurial activities, contrary to the legislation of the Russian Federation, customs business turnover, the requirements of reasonableness and fairness, decency and caused or might cause losses to other business entities-competitors either caused or could harm their business reputation;
10)-abuse of monopolistic activity managing subject, a group of people their dominiruûŝimpoloženiem, agreements or concerted practices prohibited by the antitrust laws, and takžeinye actions (omission) recognized in accordance with the federal laws of monopolistic activities;
11) systematic implementation of monopolistic activities-implementation of the economic entity of monopolistic activity identified in the manner prescribed by this Federal law more than two times in the years tečenietreh;
12) unreasonably high price financial services unreasonably low price financial services-price financial services or financial services, which is the dominant financial institution is significantly different from the competitive prices of financial services and (or) complicates access to the commodity market to other finansovymorganizaciâm, and (or) has a negative effect on competition;
13) competitive cenafinansovoj services-the price at which a financial service may be provided in a competitive environment;
14) coordination of economic activities-coordination of managing subjects by a third person who is not a member of the same group of persons with any of such business entities and not carrying out the activity in the product market, which is carried out by the coordination of economic entities. Coordination of economic activities are not the actions of businesses, carried out within the framework of the "vertical" agreements (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
15) anti-monopoly body-federal′nyjantimonopol′nyj body and its territorial bodies;
16) acquisition of stocks (shares) of economic companies purchase, as well as getting a possible implementation of the provided shares of companies the right to vote on the basis of contracts of fiduciary asset management, sovmestnojdeâtel′nosti treaties, treaties, orders and other transactions or on other grounds;
17) signs of restriction of competition-reducing the number of business entities that do not belong to the same group of persons, natovarnom, market growth or decline in the prices of goods that are not associated with changes in other common conditions for the treatment of tovarana commodity market, otkazhozâjstvuûŝih actors, non-vodnu group of individuals, from independent action on the commodity market, the definition of common treatment of the goods on the market agreement between businesses or in accordance with their instructions binding a person either by soglasovaniâhozâjstvuûŝimi actors vhodâŝimiv not one group of people, their actions on the commodity market, other circumstances that create the opportunity to dlâhozâjstvuûŝego the subject or multiple business entities to unilaterally affect the General conditions of treatment of the goods on tovarnomrynke, as well as the establishment of bodies of State power, bodies of local self-government, organizations involved in the provision of public or municipal services, priučastii in the provision of such services or goods requirements to managing subjects who not stipulated by the legislation of the Russian Federation (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
18) agreement-an agreement in writing, the information contained in the document or multiple documents, as well as the agreement orally;
19) "vertical" agreement-an agreement between businesses, one of which buys the goods, and the other provides (selling) product. Is not a "vertical" agreement, agency agreement (in red. Federal law dated December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343);
20) State or municipal preference-granting federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, in other operating functions of these bodies bodies or organizations separate business entities that provides favorable conditions for imbolee activities through the transfer of State or municipal property, other objects of civil law rights liboputem provide property benefits, State or municipal bonds (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation , 2009, no. 29, art. 3601; Federal law dated December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art.
7343);
21) economic concentration transactions, other actions, the implementation of which has an impact on the State of competition;
22) a person subject to economic concentration, a person whose shares (shares), assets, fixed facilities and (or) intangible assets are acquired or made vustavnyj capital and (or) a person in respect of which rights are acquired in the manner prescribed by Chapter 7 of this federal law (paragraph 22 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art.
7343);
23) user-a legal entity or natural person purchasing goods (paragraph added by federal law of 23 October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
Article 5. Dominantthe situation 1. Dominiruûŝimpoloženiem recognizes the position of an entity (or group of individuals) or multiple business units (groups) in the market for a particular product, giving such a railway body (Group of people) or by such entities (groups) to exert a decisive influence on the General conditions of treatment of the goods in the relevant product market, and (or) addressed this market other business entities, and (or) make it difficult to access this drugimhozâjstvuûŝim commodity market actors. The dominant position of the recognized entity (except for financial institutions): 1) which share a particular product market exceeds 50 percent, only in case of violation
antitrust laws or State control over the èkonomičeskojkoncentraciej will not install that, despite exceeding the specified values, the position of an entity on the commodity market is not dominant;
2) share on the market of a certain product is less than 50 percent, if the dominant position of such an economic sub″ektaustanovleno the competition authority on the basis of unchanged or prone to minor changes in the proportion of an entity natovarnom market, the relative size of this commodity market shares belonging to competitors access to this commodity market of new competitors or on the basis of other criteria that characterize commodity market.
2. May not be recognized by the dominant position of an entity (except for financial institutions), whose share in the market for a particular product does not prevyšaettridcat′ five percent, except for those mentioned in parts 3, 6 and 6-1 of the present article (as amended by the Federal law dated July 17, 2009 N 164-FZ collection zakonodatel′stvaRossijskoj Federation, 2009, no. 29, art. 3601). 3. Dominiruûŝimpriznaetsâ the position of each business entity from multiple business units (except for financial institutions), in which the following conditions are met: 1) proportion exceeding three economic entities, each of which share more share of other hozâjstvuûŝihsub″ektov in the relevant product market exceeds 50 percent, or the combined share of no more than five businesses, each of which share more share of other economic entities in the relevant product market exceeds seventy percent (this provision does not apply if at least one of the managing subjects less than eight per cent);
2) tečeniedlitel′nogo period (for a period of not less than one year or, if takojsrok is less than one year, during the lifetime of the relevant product market) the relative size of the share of economic entities are unchanged or are prone to minor changes, as well as access to the relevant product market of new competitors is difficult;
3) implemented or acquired businesses product cannot be replaced by other commodity pripotreblenii (including consumption for production purposes), the rise of the price of the goods does not entail a corresponding to such growth, decline in demand for this product, price information on the conditions of implementation or purchase this product on the relevant product market is available to an unlimited range of entities.
4. the Hozâjstvuûŝijsub″ekt shall be entitled to submit to the competition authority or in court evidence that provision of this entity in the product market cannot be considered dominant.
5. Dominiruûŝimpriznaetsâ the position of the managing subject-a subject of natural monopoly on the commodity market, which is in a State of natural monopoly.
6. Federal laws may be installed in cases of recognition of dominant position of an entity whose share in the market of a certain product is less than thirty-five per cent.
6-1. the competition authority of competition analysis of dominant position recognizes an entity whose share in the market of a certain product is less than thirty-five per cent of the iprevyšaet shares of other economic entities in the sootvetstvuûŝemtovarnom market, but which may have a decisive influence on the obŝieusloviâ treatment of the goods on the market, if the following conditions are met cumulatively: 1) entity has the ability to unilaterally determine the level of prices of goods and provide rešaûŝeevliânie to the General conditions of sale of goods in the relevant product market;
2) access to relevant product market novyhkonkurentov reach, including as a result of economic, technological, administrative or other restrictions;
3) implemented by ilipriobretaemyj managing subject goods cannot be replaced by other commodity consumption (including consumption for production);
4) change the price of the goods does not entail a corresponding reduction in demand such change to the product.
(Part 6-1 vvedenaFederal′nym Act of July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601; lose effect from January 5, 2015 on the basis of the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629) 6-2. The position of an entity specified in part 6-1 of the present article the grounds can be priznanodominiruûŝim if the competition authority provision of such an entity is not recognized on the grounds provided by the dominant parts 1, 3 and 6 of this article (part 6-2 introduced by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601;
lose effect from January 5, 2015 on the basis of the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629). 7. The conditions for the recognition of the dominant position of the financial institution, the Bank podnadzornojCentral′nomu of the Russian Federation, subject to the limitations provided for in this federal law, shall be established by the Government of the Russian Federation by agreement with the Central Bank of the Russian Federation. The conditions for the recognition of dominant provisions of a financial institution subject to the limitations provided for in this federal law, shall be established by the Government of the Russian Federation. Dominant financial institution controlled by the Central Bank of the Russian Federation, the competition authority is established in the manner approved by the Government of the Russian Federation by agreement with the Central Bank of the Russian Federation. The procedure for establishing the dominance of the competition authority a financial organization is approved by the Government of the Russian Federation. Cannot be considered a dominant organization položeniefinansovoj, which does not exceed ten percent on a single commodity market in the Russian Federation or twenty per cent on the commodity market that on which the goods is also drawn to other commodity markets in the Russianfederation (ed. Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, N 30, art. 4084). 8. When paragraph 3 provedeniipredusmotrennogo part 2 of article 23 of the present Federal law analysis of the competition the competition authority gives an assessment of the circumstances affecting the State of competition, including natovarnyj access conditions, market shares of economic entities of a certain commodity markets, the ratio of the proportion of buyers and sellers of goods, the period of existence of opportunities have a decisive influence on the General conditions of treatment of the goods on the market (part 8 introduced by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601). 9. Time interval analysis of the competition is determined depending on the purpose of the study characteristics of the product market and the availability of information. The smallest time interval analysis of competition for the purposes of establishing the dominant position of an entity must be one year or the lifetime of the product market, if onsostavlâet is less than one year (part 9 introduced the Federal law of December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343).
Article 6. Monopol′novysokaâ price 1. Exclusively high price of the goods is the price established by the dominant economic entity, if that price exceeds the amount required to produce and goods realizaciitakogo expenditure and profit and the price, which was formed in the conditions of competition in the product market, comparable in composition of buyers or sellers of goods, the conditions for the treatment of goods, the conditions of access to the goods market, government regulation, including taxation and customs-tariff regulation (hereinafter referred to as the comparable commodity market) When you have such a market in the territory or outside the Russianfederation, including installed: 1) by raising cenytovara already installed, if you run the following conditions: a) expenses required for production and realizaciitovara, remained unchanged or changes do not change to reflect the price of the goods;
b) composition ilipokupatelej sellers of goods remained unchanged or change the composition of the sellers or buyers of goods is insignificant;
in terms of the treatment of goods at) commodity market, including those resulting from measures of government regulation, including taxation, tarifnoeregulirovanie, remained unchanged or modified disproportionately price change of the goods;
2) by maintaining or nesniženiâ previously installed price if run together sleduûŝieusloviâ: a) expenses required for production and realizaciitovara, significantly decreased;
b) the sellers or buyers of goods determines the ability to change product prices downwards;
in terms of the treatment of goods at) commodity market, including those resulting from measures of government regulation, including taxation, tarifnoeregulirovanie, provide the ability to change product prices downwards.
2. When soblûdeniiuslovij for part 1 stat′i13 of this federal law, shall not be regarded as exclusively a high price as a result of innovation, that is, activities leading to the creation of novogonevzaimozamenâemogo a product or a new product while lowering fungible rashodovna production and (or) improve its quality.
3. The price of the product is not recognized by the monopolistically high, if it is a subject of natural monopoly within the tariff on such goods defined in accordance with the legislation of the Russian Federation.
4. Price of the goods is not recognized in the case of exceedance of the high monopoly prices, which was formed in konkurenciina conditions comparable product market.
5. nepriznaetsâ high monopoly price if it is installed on the Exchange at odnovremennomsoblûdenii the following conditions: 1 prodavaemogona volume goods Exchange) produced and (or) implemented by the economic entity, when in a dominant position on the relevant product market is not less than the value established by the Federal competition authority and federal executive body engaged in regulatory activities that includes the production of the product concerned;
2) transactions are economic entity, when in a dominant position on the relevant product market in the course of exchange trading, which correspond to the requirements specified by the Federal competition authority and federal executive body engaged in regulatory activities that includes the production of the product concerned, including the requirements for the minimum number of participants of the exchange trading during the trading session;
3) hozâjstvuûŝijsub″ekt occupying a dominant position on the relevant product market, accredited and (or) involved in trades (including through the submission of applications for participation in trades to the broker, brokers) provides Exchange list licv the order established by the Federal Antimonopoly body;
4) subject dejstviâhozâjstvuûŝego zanimaûŝegodominiruûŝee in the relevant product market, and (or) its affiliates not related to market manipulation;
5) placing on the stock exchange the goods economic entity, when in a dominant position on the relevant market, shall be carried out regularly with a uniform item for raspredeleniemob″ema trading sessions in a calendar month.
The Government of the Russian Federation shall have the right to establish criteria for regularity and uniformity of the sale of goods to exchange for individual commodity markets;
6) hozâjstvuûŝijsub″ekt occupying a dominant position on the relevant product market, carries out registration of OTC transactions for goods traded on this market, in the cases and pursuant to procedure established by the Government of the Russian Federation;
7) the minimum size of the stock of the lot does not preclude access to the relevant product market;
8) realization of goods economic entity, when in a dominant position on the relevant market, shall be carried out on the stock exchange, the relevant requirements of the legislation of the Russian Federation of organized trades, including compliance requirements on persons konfidencial′nostiinformacii podavšihsootvetstvuûŝie applications for participation in trades, including by submitting such applications to the broker, brokers.
(Part 5 introduced the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343)
6. do not priznaetsâmonopol′no high price product installed in the light osobennostejformirovaniâ the starting prices for the products in its sale on the stock exchange, agreed with the competition authority (part 6 introduces the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art.
7343). 7. Not priznaetsâmonopol′no a high price if it does not exceed the price of the stock exchange in accordance with parts 5 and 6 of this article, the terms and conditions, and economic (commercial) terms of the transaction are comparable in quantity and (or) the volume of supplied goods, terms of execution of obligations, terms of payment, commonly used in transactions of this kind, as well as the poinym reasonable conditions which may affect price (part 7 introduced the Federal law from December, 2011. N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 8. When defining exclusively high prices of goods in accordance with part 1 of this article, učityvaûtsâbirževye and OTC price indicators that are set on the world market of similar goods (part 8 introduced the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) (article 6 as amended. Federal law dated July 17, 2009 N 164-FZ collection zakonodatel′stvaRossijskoj Federation, 2009, no. 29, art. 3601) article 7. Monopol′nonizkaâ price 1. Product nizkojcenoj monopoly is a price established by the dominant economic entity, eslièta price is lower than the amount required for the production and sale of such commodity costs and profits and lower prices, kotoraâsformirovalas′ in the conditions of competition on a comparable product market, if there is such a market in the territory of the Russian Federation or outside it, including installed: 1) by lowering the previously installed product prices, if you run the following conditions : a) expenses required for production and realizaciitovara, remained unchanged or changes do not change to reflect the price of the goods;
b) composition ilipokupatelej sellers of goods remained unchanged or change the composition of the sellers or buyers of goods is insignificant;
in terms of the treatment of goods at) commodity market, including those resulting from measures of government regulation, including taxation, tarifnoeregulirovanie, remained unchanged or modified disproportionately price change of the goods;
2) by maintaining or eliminated previously ustanovlennojceny product, if you are running together sleduûŝieusloviâ: a) expenses required for production and realizaciitovara, have increased significantly;
b) the sellers or buyers of goods determines the possibility of changing price upwards;
in terms of the treatment of goods at) commodity market, including those resulting from measures of government regulation, including taxation, tarifnoeregulirovanie, provide the ability to change product prices upward.
2. do not priznaetsâmonopol′no low price goods if: 1) it ustanovlenasub″ektom natural monopoly within the tariff on such goods defined in accordance with the legislation of the Russian Federation;
2) it does not lower prices, which formed in the conditions of competition on a comparable product market;
3) its establishment of the seller of goods did not or could not result in a restriction of competition in connection with the reduction in the number of outside with sellers or buyers of goods in one group of those economic entities in the relevant product market.
(Article 7 in red. Federal law dated July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) article 8. Out mutually agreedaction economic entities 1. Soglasovannymidejstviâmi of managing subjects activity are economic entities on the market in the absence of an agreement that meets the following conditions: 1 together) the result of the takihdejstvij corresponds to the interests of each of the specified business entities;
2) zaraneeizvestny each participating business entities in connection with the public announcement of one of them to commit such acts;
3) each of the managing subjects caused by other business entities engaged in concerted action, INE are the result of circumstances, equally affect all economic entities in the relevant product market. Such circumstances, in particular, can be regulated tariffs, change izmeneniecen to the raw materials used for the production of the goods, price changes for goods in world commodity markets, a significant change in the demand for this product for a period of not less than one year, or during the lifetime of the relevant product market, if that period is less than one year.
2. Soveršenielicami, specified in part 1nastoâŝej article, action under the agreement does not apply to soglasovannymdejstviâm, as is the Convention.
(Article 8 as amended. Federal law dated December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343) article 9. Group of persons 1. Group of persons recognized by the combination of natural persons and/or legal entities that match one or more of the following criteria: 1 priznakamiz) economic society (Association, commercial partnership) and the natural person or legal person eslitakoe person or such legal person has by reason of its
participation in this economic society (partnership, economic partnership) or in accordance with the mandate received, uncounted on the basis of a written agreement from others, boleečem fifty per cent of the total number of votes per voting shares (shares) in the company's Charter capital (aggregate) this economic society (or, hozâjstvennogopartnerstva);
2) economic society (Association, commercial partnership) and the natural person or legal person if such person or such legal licoosuŝestvlâet as the company's sole executive body of the company (partnership, economic partnership);
3) economic society (Association, commercial partnership) and the natural person or legal person if such person or such legal person on the basis of the constituent documents of the commercial society (partnerships, economic partnership) or concluded with the economic society (Sociedad Anónima, hozâjstvennympartnerstvom) of the Treaty shall have the right to give this economic society (partnership, economic partnership) mandatory instructions;
4) economic society (Association, commercial partnership), where more than fifty percent of the membership's collective executive body, and (or) Board of Directors (Supervisory Board) are the same individuals;
5) economic society (economic partnership) and the natural person or legal entity, if, upon the proposal of such person or such legal entity appointed iliizbran's sole executive body of the company (economic partnership);
6) hozâjstvennoeobŝestvo and the natural person or legal entity, if, upon the proposal of such a natural person or a legal person elected by more than fifty percent of quantitative sostavakollegial′nogo the executive body or the Board of Directors (Supervisory Board) of the company;
7) a natural person, his spouse, parents (including adoptive parents), children (including adopted), siblings and half siblings;
8) persons, each of whom on any of those referred to in paragraphs 1-7nastoâŝej part of the grounds is included in the group with one and the same person, and the person takžedrugie with any such person to any izukazannyh in paragraphs 1-7 of this part;
9) economic society (Association, commercial partnership), fizičeskielica and (or) legal entities which, by any of the 1-8 pips of this part of the signs are part of a group of persons eslitakie persons by virtue of their joint participation in this economic society (partnership, economic partnership) or in accordance with the mandate received from other persons have more than fifty percent of the obŝegokoličestva votes per voting shares (shares) in the company's Charter (aggregate) capital ètogohozâjstvennogo company (or partnership economic partnership).
2. Ustanovlennyeantimonopol′nym law prohibitions on actions (omissions) of an entity on the commodity market apply to actions (inaction) of a group of persons, if the Federal law provides otherwise.
(Article 9 in the red. Federal law dated December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343) Chapter 2. Monopolistic activity. Unfair competition Article 10. Ban nazloupotreblenie economic entity dominiruûŝimpoloženiem 1. Prohibited actions (inactivity) of the dominant entity, which âvlâûtsâili may be preventing, restricting, ustraneniekonkurencii and (or) the infringement of the interests of other persons, including the following actions (inaction): 1) establishing, maintaining monopolistically high or low monopoly prices;
2) seizure of the goods, if the result of such an exception was the increase in the price of the goods;
3) imposition of counterparty terms and conditions of the agreement, disadvantageous for him or not relevant to the subject-matter of the Treaty (economically or technologically not feasible and (or) not expressly provided for by federal laws, regulatory acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the Commissioners of the federal bodies of executive power or judicial acts requirements on the transfer of funds, other property, including property rights , as well as an agreement to conclude a treaty, subject to provisions on goods in which the contractual partner is not interested, and other requirements);
4) economically not justified ilitehnologičeski the reduction or elimination of production of the goods, if this demand tovarimeetsâ or placed orders for delivery, subject to availability of its rentabel′nogoproizvodstva, as well as if the takoesokraŝenie or the cessation of the production of the product not expressly envisaged by federal laws, regulatory acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the Commissioners of the federal bodies of executive power or judicial acts;
5) economically or technologically not reasoned refusal or evasion from conclusion of the contract with private buyers (customers) in case of availability of the production or supply of the product concerned, as well as if such refusal or such evasion is not expressly provided for by federal laws, regulatory acts of the President of the Russian Federation, normative legal acts of the Pravitel′stvaRossijskoj Federation, normative legal acts of the upolnomočennyhfederal′nyh Executive or judicial acts;
6) economically, technologically and otherwise justified setting different prices (tariffs) for one and the same product, unless otherwise stipulated in the Federal law;
7) establishing financial institution inappropriately high or unreasonably low prices of financial services;
8) sozdaniediskriminacionnyh conditions;
9) creating prepâtstvijdostupu on the commodity market or exit the market other business entities;
10) violation of the established regulations of the order pricing;
11) manipulirovaniecenami at wholesale and/or retail markets for electric energy (power) (item 11 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 2. Entity has the right to submit evidence that his actions (inaction), referred to in part 1nastoâŝej of the article (except for the actions referred to in paragraphs 1, 2, 3, 7, 10 and 5.6 part 1 of this article) can be recognized by the dopustimymiv accordance with the requirements of part 1 of article 13 hereof.
3. in order to prevent the establishment of discriminatory conditions may be established in federal law or regulations of the Government of the Russian Federation, non-discriminatory access rules on commodity markets and (or) to goods produced or implemented by the actors estestvennyhmonopolij, regulation of activity which is carried out in accordance with the Federal law of August 17, 1995 N 147-FZ "on natural monopolies", as well as to the infrastructure used by the subjects of natural monopolies directly to provide services in the areas of natural monopolies. These rules must contain (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343): 1) the list of goods, infrastructure, non-discriminatory access to be available (in the red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
2) the list of information to ensure the ability to map the participants in the relevant product market treatment products on the market and (or) natovarnyj market access, as well as inojneobhodimoj to access the commodities market and (or) treatment of goods, pertinent information on the commodity market;
3) porâdokraskrytiâ information under paragraph 2 of this part, including on goods manufactured or sold by business entities referred to in the first paragraph of this part of the cost of these goods and fees zadostup on the commodity market, the possible volume of production or sale of the goods, on the technical and technological possibilities of providing these goods;
4) procedure for economically viable costs of economic agents referred to in the first subparagraph, nastoâŝejčasti the production and (or) implementation of relevant goods and (or) the organization access to the commodity market;
5) conditions for competitive access procedures natovarnyj market where operating entities referred to in the first subparagraph of this article when there are economic, technological or other means, unless other procedures for access to the commodities market is not provided for by the legislation of the Russian Federation;
6) substantial contracts and (or) model contracts for access to the commodities market and (or) products
business entities referred to in the first subparagraph nastoâŝejčasti;
7) order opredeleniâpotrebitelej subject to obligatory service, a minimum level of security and priority access to the commodity markets and (or) products in the event of failure to meet the full requirements for the product, produced and (or) implemented economic agents referred to in the first subparagraph of this article with učetomneobhodimosti to protect the rights and legitimate interests of citizens, protect the security of the State, protection of nature and cultural values;
8) conditions of access to natovarnyj market, and (or) products, and (or) to the infrastructure entities referred to in the first paragraph of this part, and in prescribed cases the requirements relating to the implementation of technological and (or) technical activities, including when you connect (technological accession) (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343; Federal′nogozakona from December 30, 2012 N 318-FZ-collection of laws of the Russian Federation , 2012, N 53, art.
7643);
9) kharakteristikam requirements of the product concerned, unless otherwise provided by the legislation of the Russian Federation.
(Part 3 in red. Federal law dated July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) 4. The requirements of nastoâŝejstat′i shall not apply to actions for the implementation of exclusive rights to results of intellectual activity and means of individualization of related legal person, sredstvaindividualizacii products, works or services.
5. In case of detected abuses of dominant position economic entity, established by a final decision of the competition authority, in order to prevent the establishment of discriminatory conditions rule of non-discriminatory access to goods produced and (or) are implemented by the economic entity, when in a dominant position and is not a subject of natural monopoly, whose share in the relevant product market is over seventy percent are established by an act of the Government of the Russian Federation (the rule of non-discriminatory access to financial institutions , supervised by the Central Bank of the Russian Federation, approved by the Federal Antimonopoly body in consultation with the Central Bank of the Russian Federation).
These rules must include: 1) the list of goods, to which is granted non-discriminatory access;
2) the list of information to ensure the ability to map the participants in the relevant product market treatment products on the market, as well as other required for access to the commodities market and (or) treatment of goods, pertinent information on the commodity market;
3) porâdokraskrytiâ information under paragraph 2 of this part, including the cost of goods ètihtovarov or principles for the determination of price and payment, possible production or implementation of these goods, technical and technological possibilities of providing these goods;
4) significant usloviâdogovorov and (or) model contracts for access to goods;
5) order opredeleniâpotrebitelej subject to obligatory service, establish a minimum level of security and order granting access to goods in slučaenevozmožnosti meet the unmet need in a product taking into account the need to protect the rights and legitimate interests of citizens, protect the security of the State, protection of nature and cultural values.
(Part 5 introduced by federal law 5oktâbrâ, 2015. N 275-FZ-Sobraniezakonodatel′stva Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) 6. Referred to in paragraph 5 of this article, the rules may contain mandatory condition sold at auction (čast′6 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art.
5629, comes into effect from January 5, 2016).
7. Pravilanediskriminacionnogo access to services provided by the operator of a national system of payment cards payment infrastructure services operators, and a national system of payment cards of payment system operated by the Central Bank of the Russian Federation, the operator of the payment infrastructure services payment system of the Central Bank of the Russian Federation, shall be determined in the manner prescribed by the Federal law "on the national payment system" (part 7 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
Article 11. Ban naograničivaûŝie competition soglašeniâhozâjstvuûŝih subjects 1. Recognized by the cartel and prohibits agreements between competing actors, i.e. between economic agents involved in sale of goods naodnom commodity market, if such agreements have or are likely to: 1) the establishment or maintenance of prices (tariffs), discounts, allowances (additional fees) and (or) charge;
2) raise, sniženiûili keeping prices at the auction;
3) section of the market on a territorial basis, the volume of sales or purchases of goods assortment of goods sold or composition of sellers or buyers (customers);
4) reduce iliprekraŝeniû production of goods;
5) renunciation of the conclusion of contracts with certain sellers or buyers (customers).
2. It is prohibited to "vertical" agreements mežduhozâjstvuûŝimi actors (with the exception of "vertical" agreements, which are recognized as valid in accordance with article 12 hereof), if: 1) such soglašeniâprivodât or can lead to prices of resale of the goods, unless the seller sets the buyer maximum resale price of the goods;
2) such soglašeniâmipredusmotreno buyer's obligation not to sell the goods to an entity that is a competitor of the seller. This prohibition does not apply to the agreement for the organizaciipokupatelem sale of goods under a trademark or other means of individualization of the seller or manufacturer.
3. Zapreŝaûtsâsoglašeniâ economic entities that are members of the wholesale and retail markets (or) èlektričeskojènergii (power), commercial infrastructure, organizations technology infrastructure, networks, if takiesoglašeniâ lead to the manipulation of prices at wholesale and/or retail markets for electric energy (power).
4. Prohibited inyesoglašeniâ between economic actors (with the exception of "vertical" agreements, which are recognized as valid in accordance with article 12 hereof), if it is established that such agreements have or are likely to restrict competition. Such agreements can be attributed, in particular, agreements: 1) on navâzyvaniikontragentu terms and conditions of the agreement, nevygodnyhdlâ it or not relevant to the subject-matter of the Treaty (unreasonable demands on peredačefinansovyh means, inogoimuŝestva, including property rights, as well as consent to enter into a contract subject to negopoloženij on goods which the contractual partner is not interested, and other requirements);
2) on economically, technologically and otherwise sound economic entity setting different prices (tariffs) for one and the same product;
3) about creating other obstacles to economic actors on the commodity market or commodity market exit;
4) on establishing the conditions of membership (participation) in professional and other associations.
5. Individuals, businesses and nonprofit organizations are prohibited to coordinate economic activities of business entities, if such coordination causes any of the consequences of kotoryeukazany in parts 1-3 of this article, which may not be recognized as valid in accordance with articles 12 and 13 of this federal law or which are not covered by federal laws.
6. Business entity has the right to submit evidence that concluded agreements referred to in paragraphs 2-4 of the present article, may be recognized as valid article B3.3 12 or with part 1 of article 13 of the present Federal′nogozakona.
7. the provisions of this article shall not apply to agreements between businesses, comprising odnugruppu individuals, if one such business entities in relation to another business entity established control or eslitakie entities are controlled by the same person, except for agreements between economic entities engaged in activities, simultaneous vypolneniekotoryh one economic entity is not allowed in accordance with the legislation of the Russian Federation.
8. Under the supervision of this article, in articles 11-1 and 32 of the present Federal Act means the possibility of a natural or legal person directly or indirectly (through a legal entity or through several legal persons) determine the decisions made by another entity, through one or more of the following measures:
1) more than 50% of the total number of votes per voting shares (shares) constituting the statutory (total) capital of a legal entity;
2) osuŝestvleniefunkcij executive body of a legal entity.
9. The requirements of this article shall not apply to agreements and (or) on the alienation of the right to use the results of intellectual activity or means of individualization of legal entity, means of individualization of products, works or services.
10. The requirements of this article shall not apply to agreements on joint activities with prior approval of the Antimonopoly authority received in order ustanovlennomglavoj 7 hereof (part 10 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
(Art. 11 as amended. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) article 11-1. Ban nasoglasovannye actions of economic agents which restrain competition 1. Prohibit concerted actions of economic agents-competitors, if such concerted action resulted in: 1) the establishment or maintenance of prices (tariffs), discounts, allowances (additional fees) and (or) charge;
2) raise, sniženiûili keeping prices at the auction;
3) section of the market on a territorial basis, the volume of sales or purchases of goods assortment of goods sold or composition of sellers or buyers (customers);
4) reduce iliprekraŝeniû production of goods;
5) renunciation of the conclusion of contracts with certain sellers or buyers (customers) if such refusal is not expressly provided for by federal laws.
2. Zapreŝaûtsâsoglasovannye actions of economic agents that are members of the wholesale and/or retail markets for electric energy (power), commercial infrastructure, organizations technology infrastructure, network organizations, if such concerted action lead to the manipulation of prices at wholesale and/or retail markets for electric energy (power).
3. Prohibited other than referred to in paragraphs 1 and 2 of this article, the concerted actions of economic agents-competitors, if it is established that such concerted action resulted in restriction of competition. Such concerted action can be attributed to actions: 1) the imposition of terms and conditions of the agreement, the counterparty is disadvantageous for him or not related to the subject-matter of the Treaty (unreasonable demands on peredačefinansovyh means, inogoimuŝestva, including property rights, as well as consent to enter into a contract subject to negopoloženij on goods which the contractual partner is not interested, and other requirements);
2) economically, technologically and otherwise reasonable economic entity setting different prices (tariffs) for one and the same product;
3) create barriers for actors drugimhozâjstvuûŝim commodity market or exit the market.
4. Entity entitled to provide proof that it has taken concerted action referred to in paragraphs 1-3 of this article may be priznanydopustimymi in accordance with paragraph 1 of article 13 hereof.
5. the vnastoâŝej article bans do not apply to coordinated actions of business entities, the combined market share does not exceed dvadcat′procentov and the share of each of them on the market does not exceed eight percent.
6. The provisions of this article shall not apply to the concerted action of managing subjects belonging to the same group of persons, if one such economic entities for another hozâjstvuûŝegosub″ekta or control if such entities are under the control of one person.
(Article 11-1 of the Act of December 6, 2011 vvedenaFederal′nym N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) article 12. Dopustimost′"vertikal′nyh" agreements 1. "Vertical" agreements in writing (with the exception of "vertical" agreements between financial institutions), if these agreements are treaties of commercial concession.
2. "vertical" agreements mežduhozâjstvuûŝimi actors (with the exception of "vertical" agreements between financial institutions), the share of each of them on any product market does not exceed twenty percent.
Article 13. Dopustimost′dejstvij (inaction), agreements, concerted action, deals, other actions 1. Actions (inaction) of managing subjects, referred to in paragraph 1 of article 10 of the present Federal law (with the exception of the actions (inaction), referred to in paragraphs 1 (except in establishing or maintaining the prices of the products which are the result of innovation), 2, 3, 5, 6, 7 and 10 of part 1 of article 10 hereof), the agreements and concerted practices referred to in paragraphs 2-4 of article 11, article 11-1 of this federal law deals, inyedejstviâ, referred to in articles 27-29 of this federal law may be declared valid if such actions (inaction), agreements and concerted actions, transactions in other actions not created an opportunity for individuals to eliminate competition in the relevant product market, not imposed on participants or third parties restrictions that do not match the achievement of the objectives of such actions (inaction), agreements and concerted actions, transactions, acts as if their result is or may be (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601;
Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343;
Federal law dated December 28, 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988): 1) improvement of production, sales or promotion of technical or economic progress, improving the competitiveness of Russian goods proizvodstvana the world commodity market;
2) getting the buyers advantages (benefits), proportionate benefits (benefits) received by businesses as a result of the actions (inaction), agreements and concerted action, deals.
1-1. The agreement on joint activity of economic agents, which mogutprivesti to the effects mentioned in paragraph 1 of article 11 hereof, may be recognized as valid, eslitakimi agreements is not created for the individual vozmožnost′ustranit′ competition in the relevant product market, is not subject to the restrictions on third parties and the result of such agreements is or may be in the aggregate: 1) improving production, sale of goods or the promotion of technical , economic progress or implementation of its participants direct investments on the territory of the Russian Federation (including the introduction of new production capacities, the modernisation of the existing production capacity);
2) getting the buyers advantages (benefits), proportionate benefits (benefits) received by businesses as a result of the actions (inaction), agreements and concerted action, deals.
(Part 1-vvedenaFederal′nym Act of 1 December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343; lose effect from January 5, 2015 on the basis of the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629) 2. Pravitel′stvoRossijskoj of the Federation shall have the right to determine cases of permissibility of agreements, the relevant conditions specified in paragraphs 1 and 2 of part 1 of this article (obŝieisklûčeniâ). General exceptions with respect to agreements and concerted action specified in parts 2-11 5stat′i of this federal law, shall be determined by the Government of the Russian Federation, on the proposal of the Federal Antimonopoly body entered into specific terms include (as amended by the Federal law of December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343): 1) type of agreement (as amended. Federal law dated December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343);
2) conditions that cannot be considered kakdopustimye with respect to such agreements (as restated by federal law 6dekabrâ, 2011. N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343);
3) mandatory conditions for competition, which should be contained in such agreements;
4) (para. 4 of the Federal law of December 6 lost 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343) 3. Common exceptions can be envisaged, along with specified in part 2 of this article, the terms and other conditions that must be met by the agreement (in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
Article 14. Ban nanedobrosovestnuû competition 1. Not dopuskaetsânedobrosovestnaâ competition, including: 1) spreading false, inaccurate or distorted information, which may cause damages to the railway body libonanesti damage to his business reputation;
2) introduction vzabluždenie in respect of the nature, method and place of manufacture, consumer characteristics, quality and quantity of the goods or in relation to the producers;
3) nekorrektnoesravnenie economic entity manufactured or sold them goods with goods produced or implemented other economic agents;
4) sale, Exchange or otherwise, the introduction of the goods, the higher that illegally used the results of intellectual activity and means of individualization of related legal persons means of individualization of products, works, services;
5) unlawful obtaining, use, disclosure of information constituting commercial, official or other secret protected by the law.
2. do not dopuskaetsânedobrosovestnaâ the competition, related to the acquisition and use of all rights, whether exclusive or means of individualization of legal entity, means of individualization of products, works or services.
3. Decision federal′nogoantimonopol′nogo of the authority of the violation of the provisions of part 2 of this article with respect to the acquisition and use of exclusive trademark rights shall be sent by the interested person to the federal body of Executive vlastipo intellectual property for the annulment of the provision of legal protection of a trademark.
(Art. 14 January 5, 2015 year silus lose on the basis of the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629) 2-1. Unfair competition (Chapter 2-1 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 14-1. Nanedobrosovestnuû ban competition by discrediting not allowed by discrediting the unfair competition, that is untruthful, inaccurate or distorted information, which may cause damages to the railway body and (or) cause harm to its business reputation, mixing on: 1) ipotrebitel′skih quality properties of the goods offered for sale to other economic entity-competitor, the appointment of such goods, the ways and conditions of manufacture or of use, results expected from the use of such goods , its suitability for certain purposes;
2) quantity of goods offered for sale to other economic entity-competitor, the availability of such goods in the market, its acquisition under certain conditions, the actual size of the demand for such goods;
3) conditions on kotoryhpredlagaetsâ to sell goods to other economic entity-competitor, in particular the price of the item.
(Article 14-1 of the Act of October 5, 2015 vvedenaFederal′nym N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 14-2. Nanedobrosovestnuû ban competition by introducing a vzabluždenie Not dopuskaetsânedobrosovestnaâ competition by misrepresentation, including: 1) ipotrebitel′skih quality properties of the goods offered for sale a product, methods and conditions of manufacture or of use, results expected from the use of this product, its suitability for certain purposes;
2) quantity of goods offered for sale, the availability of such product on the market, its acquisition under certain conditions, the actual size of the demand for such goods;
3) place of manufacture of the goods offered for sale, the manufacturer of such goods, the warranty obligations of the seller or manufacturer;
4) conditions under which the product is offered for sale, in particular prices of such goods.
(Article 14-2 of the Act of October 5, 2015 vvedenaFederal′nym N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 14-3. Nanedobrosovestnuû ban competition by comparison is incorrect, unfair competition is not allowed by an incorrect comparison of the business entity and (or) its goods with another economic entity-competitor and (or) its goods, including: 1) sdrugim economic entity comparison-competitor and (or) its goods through the use of the words "best", "first", "number one", "most", "only", "only", other words or symbols that create an impression of superiority of goods and (or) an entity without reference to specific characteristics or parameters compare with objective confirmation, or if claims that contain the specified words are false, inaccurate or misleading;
2 sdrugim managing subject) comparison-competitor and (or) its goods in which no specific characteristics or parameters being compared or rezul′tatysravneniâ cannot be objectively verified;
3) sdrugim economic entity comparison-competitor and (or) its goods, based solely on the minor or disparate facts and contains a negative assessment of a business entity is competitor and (or) its goods.
(Article 14-3 vvedenaFederal′nym Act of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 14-4. Ban nanedobrosovestnuû competition svâzannuûs acquisition and exclusive right to use means of individualization of legal entity, means of individualization of goods, works or services 1. Do not dopuskaetsânedobrosovestnaâ the competition, related to the acquisition and use of all rights, whether exclusive or means of individualization of legal entity, means of individualization of goods, works or services (hereinafter referred to as the means of individualization).
2. Rešenieantimonopol′nogo authority of the violation of the provisions of part 1 of this article with respect to the acquisition and use of exclusive trademark rights shall be sent by the interested person to the federal body of Executive vlastipo intellectual property for the annulment of the provision of legal protection of a trademark.
(Article 14-4 vvedenaFederal′nym Act of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 14-5. Ban nanedobrosovestnuû competition svâzannuûs the use of the results of intellectual activity is not dopuskaetsânedobrosovestnaâ by the Commission of competition managing subject of action for sale, Exchange or otherwise introduce into circulation goods when it illegally used results of intellectual activity, with the exception of means of individualization belonging to the railway body-competitor (art. 14-5 introduced the Federal law of October 5, 2015 N 275-FZ-Sobraniezakonodatel′stva Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
Article 14-6. Ban nanedobrosovestnuû competition, svâzannuûs creation nedobrosovestnaâkonkurenciâ not allowed mixing by managing subject actions (inaction), can cause mixing with the activities of an entity-konkurentalibo with goods or services, imposed economic entity-competitor in the civil circulation on the territoriiRossijskoj Federation, including: 1) illegal use of designations, the sameness of the trademark, trade name, the commercial designation, name of place of origin subject tovarahozâjstvuûŝego-competitor or similar to them to through its placement on goods, labels, packages, or use otherwise in respect of goods that are sold or otherwise introduced into civilian circulation on the territory of the Russian Federation, as well as by its use in the field of information and telecommunications network, the Internet, including the domain name and other ways of addressing;
2) copying iliimitaciâ the appearance of the goods entered into civil circulation economic entity-competitor, packing such goods, labels, names, colours, branding as a whole (collectively branded apparel, trading hall design, showcases) or other elements of identity of an entity is competitor and (or) its goods.
(Article 14-6 vvedenaFederal′nym Act of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 14-7. Ban nanedobrosovestnuû competition svâzannuûs illegal obtaining, use, disclosure of information constituting commercial or other secret ohranâemuûzakonom not allowed unfair competition related to the illicit acquisition, use or disclosure of information constituting commercial or other secret protected by the law, including:
1) iispol′zovanie this information, the holder of which is another entity-competitor, without the consent of the person entitled to dispose of it;
2) use or disclosure of this information, the holder of which is another entity-competitor, as a result of breach of contract with the person entitled to dispose of it;
3) use or disclosure of this information, the holder of which is another competitor and hozâjstvuûŝijsub″ekt which is obtained from a person who has or who had access to the information because of their official duties, unless a statute or contract expired term of its non-disclosure.
(Article 14-7 vvedenaFederal′nym Act of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 14-8. Prohibition of nainye forms of unfair competition unfair competition inyeformy are not allowed along with articles 14-1-14-7 nastoâŝegoFederal′nogo of the law (art. 14-8 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
Chapter 3. Ban naograničivaûŝie competition acts, actions (inaction) of the agreement, the agreed dejstviâfederal′nyh organovgosudarstvennoj executive authorities of subjects of the Russian Federation, bodies of local self-government, other specified osuŝestvlâûŝihfunkcii iliorganizacij bodies, bodies of the organizations participating in the predostavleniigosudarstvennyh or municipal services and extrabudgetary funds takžegosudarstvennyh Central′nogobanka of the Russian Federation (the name in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) article 15. Ban naograničivaûŝie competition acts and acts (or omissions) of federal bodies of executive power, bodies of State authorities of the Russian Federation vlastisub″ektov mestnogosamoupravleniâ other funkciiukazannyh bodies implementing bodies or organizations, involved providing State or municipal services and extrabudgetary funds takžegosudarstvennyh Central′nogobanka of the Russian Federation (name of harm. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) 1. Federal bodies of executive power, bodies of State power of constituent entities of the Russian Federation, bodies of local self-government, other performing the functions of these bodies or organizations involved in the provision of public or municipal services, as well as State extrabudgetary funds, the Central Bank of the Russian Federation prohibits taking acts and (or) perform actions (inaction) that lead or could lead to prevent, control, eliminate competition, except as provided by Federal zakonamislučaev the adoption of the acts and (or) the implementation of such actions (inaction) in particular prohibited (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343): 1) vvedenieograničenij on the establishment of economic subjects in any sphere of activity, and takžeustanovlenie prohibitions or restrictions with regard to the implementation of individual activities or the production of certain products;
2) unjustified obstruction of the activities of the economic entities, including by establishing not stipulated by the legislation of the Russian Federation trebovanijk goods or hozâjstvuûŝimsub″ektam (in red. Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601);
3) establishing prohibitions or restrictions on the free movement of goods in the Russian Federation, other limitations of rights of managing subjects on sale, purchase, otherwise acquire, exchange of goods;
4) dacha subjects guidance on priority deliveries of goods for a certain category of customers (customers) or on the conclusion of treaties as a matter of priority;
5) establishing dlâpriobretatelej goods restrictions of choice of business entities that provide such products;
6) predostavleniehozâjstvuûŝemu subject access to information as a matter of priority (para. 6 was introduced by the Federal law dated July 17, 2009 N 164-FZ collection zakonodatel′stvaRossijskoj Federation, 2009, no. 29, article 3601);
7) the provision of State or municipal preferences in violation of the requirements established by Chapter 5 of this Federal′nogozakona (item 7 was introduced by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601; in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
8) establishment of discriminatory conditions (item 8 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
9) establishing and (or) charging not stipulated by the legislation of the Russian Federation payments in the provision of public and municipal services as well as services that are necessary and indispensable for the provision of public or municipal services (para. 9 of the Act of December 6, 2011 vvedenFederal′nym N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
10) dacha subjects instructions on purchasing products for isklûčeniemslučaev, predusmotrennyhzakonodatel′stvom of the Russian Federation (paragraph 10 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 2. Prohibits the conferral of the State authorities of the constituent entities of the Russian Federation, bodies of local self-government powers, osuŝestvleniekotoryh leads or may lead to prevent, limit, ustraneniûkonkurencii, except for the cases stipulated by federal laws.
3. it is prohibited to combining functions of federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, other authorities, bodies of local self-government and the functions of managing subjects, except for cases stipulated by federal laws, decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation, as well as empowering the business entities the functions and rights of these bodies, including the functions and rights of Government control and supervision, unless otherwise stipulated in the Federal law of October 30, 2007 year N 238-ФЗ "about the State korporaciipo the construction of Olympic venues and
development of Sochi as Alpine climatic resort, "federal law, dated December 1, 2007 year N 317-ФЗ" about the State Atomic Energy Corporation "Rosatom" and the Federal law on State korporaciipo of space activities "Roskosmos (in red. Federal zakonaot July 13, 2015 N 216-FZ-collection of laws of the Russian Federation, 2015, N 29, art. 4342). Article 16. Ban naograničivaûŝie competition agreement ilisoglasovannye actions of federal bodies of executive power, bodies of State vlastisub″ektov of the Russian Federation, bodies of local self-government and other implementing bodies funkciiukazannyh bodies or organizations and extrabudgetary funds takžegosudarstvennyh Central′nogobanka of the Russian Federation prohibits agreements between the federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, in other operating functions of these bodies or organizations, as well as State non-budgetary funds the Central Bank of the Russian Federation, or between them and the businesses or the implementation of these bodies and organizations for concerted action if such agreements or concerted actions have or are likely to prevent, restrict, ustraneniûkonkurencii, and in particular to: 1) increase, decrease or maintain prices (tariffs), except if such agreements are stipulated by federal laws ilinormativnymi the legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation;
2) economically, technologically and otherwise sound setting different prices (tariffs) for one and the same product;
3) section of the market on a territorial basis, the volume of sales or purchases of goods assortment of goods sold or on the composition of the sellers or buyers (customers);
4) limitation of dostupana commodity market, commodity market or eliminate him.
Chapter 4. Anti-monopoly requirements for tenders, request
quotations of valuable goods, request for proposals, financial instruments osobennostizaklûčeniâ organizaciâmii features of contracts for public and municipal′nogoimuŝestva (name as amended by the Federal law of December 28, 2013 N 396-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6961) article 17. Antitrust requirements for trading, search for kotirovokcen on goods, request for proposals 1. At provedeniitorgov, request for quotations of prices of goods (hereinafter referred to as request for quotations), request for proposals prohibit actions that lead or could lead to prevent, restrict or eliminate competition, including: 1) coordination by the organizers of the auction, request for quotations, request for proposals or customers of their participants;
2) establishment of a bidder, request for quotations, request for proposals or more bidders request for quotations, request for proposals priority conditions for participation in tenders, request for quotations, request for proposals, including through access to information, unless otherwise stipulated in the Federal law;
3) violation porâdkaopredeleniâ winner or winners of the tenders, request for quotations, request for proposals;
4) učastieorganizatorov bids, request for quotations, request for proposals or customers and/or employees of customers or employees of organizers to bid, request for quotations, request for proposals.
2. in addition, sustanovlennymi part of the present article 1 prohibitions tendering, request for quotations, request for proposals, if the organizers of the auction, request for quotations, request for proposals or customers are federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government, State non-budgetary funds, as well as tendering, request for quotations, zaprosapredloženij in the case of procurement of goods, works and services for public and municipal needs, it is prohibited any federal laws or regulations restricting access to tender , request for quotations, request for proposals.
3. in addition, sustanovlennymi parts 1 and 2 of the present article bans tendering, request for quotations, request for proposals or in the case of procurement of goods, works and services for public and municipal needs are prohibited from restricting competition between bidders, the participants request for quotations, request for proposals, the participants by incorporating he lots of goods, works and services technologically and functionally related to the goods, works, services, delivery, fulfillment, delivery of which are the subject of trades , request for quotations, request for proposals.
4. Violation of the rules established in this article, is the basis for the recognition of the Court relevant tenders, request for quotations, request for proposals and prisoners as a result of such tenders, request for quotations, request for proposals or transactions, including at the suit of the competition authority.
5. the provisions of part 1nastoâŝej article shall apply including all procurement of goods, works and services implemented in accordance with the Federal law of July 18, 2011 year N 223-FZ "on procurement of goods, works and services certain kinds of legal persons".
(Article 17 as amended. Federal law dated December 28, 2013 N 396-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6961) article 17-1. peculiarities of otnošeniigosudarstvennogo treaties and municipal property 1. Conclusion of lease agreements, contracts, gratuitous use of dogovorovdoveritel′nogo property management, other instruments that provide for the transition of ownership rights and (or) use with respect to the State or municipal property, not pinned on the right of vedeniâili operational management, can only be carried out by the results of auction or provedeniâkonkursov on the right of the conclusion of these treaties, with the exception of granting those rights to such property: 1) on osnovaniimeždunarodnyh agreements of the Russian Federation (including intergovernmental agreements) , federallaws, establishing a procedure for the disposition of that property, acts of the President of the Russian Federation, the acts of the Government of the Russian Federation, court decisions that have entered into legal force;
2) publicbodies, bodies of local self-government, as well as State extrabudgetary funds, the Central Bank of the Russian Federation;
3) State and municipal institutions (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
4) nekommerčeskimorganizaciâm established in the form of associations and unions, religious and public organizations (associations) (uncounted political parties, social movements, community foundations, public agencies, public bodies, trade unions and their associations (associations), the primary trade-union organizations), employers ' associations, homeowners ' associations, socially oriented non-profit organizations provided their implementation of activities aimed at solving social problems, razvitiegraždanskogo society in the Russian Federation, as well as other activities under article 31-1 January 12, 1996 federal law N 7-"Onekommerčeskih" (as amended by the Federal law of April 5, 2010 N 40-FZ-collection of laws of the Russian Federation, 2010, N15, art. 1736);
5) lawyer, notary, Chambers;
6) medical organizations, organizations carrying out educational activities (in red. Federal law dated July 2, 2013 N 185-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 27, art. 3477);
7) to host setejsvâzi, postal service (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
8) person having ownership and (or) use network engineering, if the transferred property is part of the network engineering and data portion of the network and the network are technologically connected in accordance with the law on urban planning;
9) in the manner prescribed by Chapter 5 of this federal law;
10) person with kotorymzaklûčen State or municipal contract as a result of the tender or auction held in accordance with the Federal law of April 5, 2013 year N 44-ФЗ "about the contract system in the area of procurement of goods, works and services for public and municipal needs," If these rights have been provided for contest documentation, documentation on the auction for the purposes of ispolneniâètogo State or municipal contract. Term of granting those rights to such property may not exceed the term of performance of State or municipal contract (as amended by the Federal law of December 28, 2013 (N) 396-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6961);
11) for a term of not more than thirty calendar days during six consecutive calendar months (granting those rights to such property to one person in total more than thirty calendar days during six consecutive calendar months bezprovedeniâ contests or auctions is prohibited);
12) instead of real estate, rights in respect of which stopped the demolition or renovation of buildings, structures, facilities, or part of which is immovable property, libov, with regard to the provision of rights to such real property for State or municipal organizations carrying out educational activities, medical organizations. When the immovable property, the right to which is granted, shall be equivalent to a previously imevŝemusâ real estate by location, area, iopredelâemoj in accordance with the legislation of the Russian Federation governing the assessment activities cost. The conditions under which real estate recognized equivalent imevŝemusâ previously immovable property shall be established by the Federal Antimonopoly body (as amended by the Federal law of December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343; Federal law dated 2iûlâ, 2013. N 185-FZ-Sobraniezakonodatel′stva Russian Federation, 2013, N 27, art. 3477);
13) pravopreemnikuprivatizirovannogo unitary enterprise in the case if such property is not included in the subject to privatization of assets privatised unitarnogopredpriâtiâ, but technologically and functionally connected with the privatized property and related federal laws to objects of civil law rights, turnover not stack, or objects that can only exist in State or municipal ownership;
14) a čast′ûili parts of premises, buildings, structures or installations, if the total area of the transferred property is not more than twenty square meters and not exceeding
ten per cent of the relevant premises, buildings, structures or buildings that belong to the person sending such property (item 14 was introduced by the Federal zakonomot December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343);
15) a person submitting a single application for competition or auction, in case if the application complies with the requirements and conditions of contest documentation or documentation about the auction, as well as the person who is the only participant of the competition or auction conditions and costs, which are provided for in the application for participation in the contest or an auction and tender documentation or documentation on the auction, but at a price not less than the starting (minimum) cenydogovora (lot) specified in the notice on the competition or auction. While bidding for the Organizer conclude treaties nastoâŝejčast′û envisaged in these cases is required (paragraph 15 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
16) passed to the vsubarendu or gratuitous use of the person to whom the ownership of and (or) use with respect to the State or municipal property provided on the results of the bidding or if such trades annulled or if these rights are granted on the basis of State or municipal contract or on the basis of paragraph 1 of this part (item 16 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation 2011, N, 50, art. 7343). 2. Specified in časti1 of this article, the procedure for the award of contracts shall not apply to property disposal is carried out in accordance with the land code of the Russian Federation, the water code of the Russian Federation forest code of the Russian Federation, the Russian Federation Law on subsoil, the legislation of the Russian Federation on concession agreements.
3. In the manner provided by paragraph 1 of this article, is carried out by the conclusion of lease agreements, contracts of gratuitous use of other instruments that provide for the transition of ownership rights and (or) use for: 1) State or municipal′nogonedvižimogo property, which is on the right of economic conducting or operative management of State or municipal′nymunitarnym enterprises;
2) State or municipal′nogonedvižimogo the property assigned to the operational management of public or municipal autonomous institutions;
3) State or municipal property, which belongs to operational management state or municipal budget and Treasury agencies, State bodies, local self-government bodies (as restated by federal law May 8, 2010 N 83-FZ-collection of laws of the Russian Federation, 2010, no. 19, item 2291; federal law dated December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343.) 3-1. Conclusion of lease agreements in respect to the State or municipal property State or municipal educational institutions which are budgetary institutions, autonomous institutions, budgetary and autonomous naučnyhučreždenij is carried out without conducting contests or auctions in porâdkei under conditions determined by the Government of the Russian Federation, while respecting the following requirements (in red. Federal law July 2, 2013. N 185-FZ-collection of laws of the Russian Federation, 2013, N 27, art. 3477): 1) tenants are economic society created the institutions referred to in the first paragraph of this part;
2) activity of tenants is practical application (implementation) of the results of intellectual activity (of computer programs, databases, poleznyhmodelej inventions, industrial designs, plant varieties, layout-designs or topographies, sekretovproizvodstva (know-how), which made pravoispol′zovaniâ as a contribution to their statutory capital;
3) lease prohibits the surrender of sublease the equipment provided hozâjstvennymobŝestvam on such leases, transfer of economic rights and duties of obŝestvamisvoih on such leases to others, the provision of the property donated, bail such lease rights.
(Part 3-1 vvedenaFederal′nym Act of March 1, 2011 N 22-FZ-collection of laws of the Russian Federation, 2011, N10, art. 1281) 3-2. Conclusion of the leasing contracts, contracts concerning gratuitous use of State or municipal property of State or municipal organizations engaged in educational activity is carried out without conducting contests or auctions in the event of the conclusion of these agreements with: 1) medicinskimiorganizaciâmi for students and health workers organizations carrying out educational activities;
2) organizations catering to create the necessary conditions for catering students and workers organizations carrying out educational activities;
3) physical sportivnymiorganizaciâmi to create conditions for the students classes in physical culture and sport.
(Part 3-2 introduced by the Federal law dated July 2, 2013 N 185-FZ-collection of laws of the Russian Federation, 2013, N 27, art. 3477) 4. (Part 4 has lost the Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343)
5. The procedure for holding contests or auctions for the right to conclude treaties specified in parts 1 and 3 of this article, and a list of property in respect of which the treaties of zaklûčenieukazannyh can be done by bidding in the form of a contest, establishes the Federal competition authority.
5-1. In accordance with part 6 of this stat′iizveŝenie resides on competition not less than thirty days before the date of expiry of the filing of applications for the participation of the competition, a notice of the auction is placed at least twenty days before the date of expiry of the filing of applications for participation in the auction (part 5-1 introduced by the Federal law of December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art.
7343). 6. January 1, 2011 year with information about provedeniikonkursov or auctions for the right to conclude treaties specified in parts 1 and 3 of this article, published on the official website of the Russian Federation in the field of information and telecommunications seti"Internet" for information about bidding, defined by the Government of the Russian Federation (hereinafter-the official website of the trades) (as amended by the Federal law dated July 11, 2011 N 200-FZ-collection of laws of the Russian Federation , 2011, N 29, art.
4291; Federal zakonaot December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 7. Do not dopuskaetsâzaklûčenie the treaties referred to in paragraphs 1 and 3 of this article, raneečem in ten days from the date of placing information about the results of the competition or auction at oficial′nomsajte trades (part 7 introduced the Federal law of December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343). 8. At the conclusion and/or execution referred to in častâh1 and 3 of this article of the treaties their price may be increased by agreement of the parties in the manner prescribed by the contract (part 8 introduced the Federal law of December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art.
7343). 9. Upon expiration of the lease srokadogovora specified in parts 1 and 3 of this article, the conclusion of such a treaty for a new term with the tenant properly discharged their duties, shall be carried out without competition, auction, unless otherwise stated in the contract and the contract term is not restricted by the legislation of the Russian Federation, while the following conditions: 1) amount of rent is determined by the market value of the rezul′tatamocenki object that is carried out in accordance with the laws of the governing Russian Federation assessment activities, unless otherwise stipulated by other legislation of the Russian Federation;
2) the minimum period for which perezaklûčaetsâ lease, shall be not less than three years. The term may be reduced only on the basis of the application of the lessee.
(Part 9 of the Act of December 6, 2011 vvedenaFederal′nym N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343) 10. Landlord nevprave deny the tenant in the new term of the lease in the manner and under the conditions kotoryeukazany in part 9 of this article, except in the following cases: 1) adoption, in accordance with established procedure decision involving another procedure for the disposition of such property;
2) arendatorazadolžennosti have the rent for such property, assessed penalties (fines, have elapsed) $ higher than rents for more than one periodplateža set by the rental agreement.
(Part 10 of the Act of December 6, 2011 vvedenaFederal′nym N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343)
11. in case of refusal of the landlord in zaklûčeniina a new term of the lease, covered in parts 1 and 3 of this article, on grounds not provided by paragraph 10 of this article, and conclusion within one year from the date of expiry of the lease contract with another person, the lessee duly performed its obligations under the lease, the right to demand the transfer of the rights and obligations under the contract and for damages caused by the refusal to renew a lease with them, in accordance with civil law (part 11 introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
(Article 17-1 of the Act of June 30, 2008 vvedenaFederal′nym N 108-FZ-Sobraniezakonodatel′stva Russian Federation, 2008, no. 27, art. 3126; as amended by the Federal law dated 17th July 2009 N 173-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3610) article 18. Osobennostizaklûčeniâ contracts with financial institutions 1. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government, State non-budgetary funds, regardless of the amount of the transaction conclude contracts with financial institutions only on the results of public tender or public auction, in accordance with the provisions of the Federal law of April 5, 2013 year N 44-ФЗ "about the contract system in the area of procurement of goods, works and services for public and municipal needs to provide the following financial services "(as amended by the Federal law of December 28, 2013 N 396-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6961): 1) attracting money funds as deposits (deposits);
2) opening and maintaining bank accounts, payment on these accounts;
3) vedeniûreestra services of securities owners (paragraph 3 would lose strength with ânvarâ2015 5 years on the basis of the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629);
4) doveritel′noeupravlenie securities;
5) negosudarstvennoepensionnoe.
2. When conducting an open competition or otkrytogoaukciona in accordance with the requirements of this article, the federal body of executive power, the Executive authority of the Russian Federation, local government, State extra-budgetary Fund may establish requirements aimed at assessing financial stability and financial solvency of the Organization, except for requirements on availability: 1) a certain size of the authorized capital, own funds, assets, and other characteristics of the compliance of the financial institution and (or) its activities in absolute terms If the only requirement of sootvetstviitakim characteristics are not prescribed by the legislation of the Russian Federation;
2) rossijskihili rating international rating agencies;
3) branches, representative offices and other out-of-area strukturnyhpodrazdelenij providing financial services.
2-1. If provedeniiotkrytogo competition or public auction in accordance with the requirements of this article, the federal body of executive power, the Executive authority of the Russian Federation, local government, State extra-budgetary Fund shall have the right to set higher requirements for the assessment of financial stability and solvency of the financial institution as defined under spokazatelâmi, provided for by the legislation of the Russian Federation and established on the basis of economic and financial and other reporting financial institution provided the Central Bank of the Russian Federation. Federal Agency ispolnitel′nojvlasti, the Executive authority of the Russian Federation, local government, State extra-budgetary Fund may require certain rating onaličii rating agencies accredited in accordance with the legislation of the Russian Federation, only in case of inconsistency between the financial institution specified higher requirements for the assessment of its financial stability and solvency (part 2-1 introduced by the Federal law of October 5, 2015 N 275-FZ-Sobraniezakonodatel′stva Russian Federation , 2015, N 41, art. 5629, comes into effect from January 5, 2016).
3. modification and termination of contracts of service okazaniifinansovyh entered into by federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government, State non-budgetary funds in the manner prescribed by this article, shall be permitted in the cases and pursuant to procedure established by the Federal law of April 5, 2013 year N 44-ФЗ "about the contract system in the area of procurement of goods, works and services for public and municipal needs" (as amended by the Federal law of December 28, 2013 N 396-FZ-collection of laws of the Russian Federation , 2013, N 52, art. 6961). 4. Validity of contracts for the provision of financial services in the manner prescribed by part 1 of this article (excluding contracts of non-government pension provision) may not be more than five years, unless otherwise provided by other federal laws.
5. Violation of the provisions of this article, âvlâetsâosnovaniem for the recognition by the Court of the relevant trades or prisoners as a result of such torgovsdelok as invalid, including at the suit of the competition authority.
(Article 18 as amended. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) article 18-1. Porâdokrassmotreniâ competition organomžalob for violation of the tender procedure and porâdkazaklûčeniâ treaties 1. According to the rules of the present article the competition authority deals with complaints on actions (inaction) of a legal person, the auction Organizer, electronic platform operator, competition Commission or auction Commission in organizing and conducting the bidding, zaklûčeniidogovorov on trades or in case if the bidding, which is required in accordance with the legislation of the Russian Federation, priznanynesostoâvšimisâ, as well as in organizing and conducting the procurement in accordance with the Federal law of July 18, 2011 year N 223-FZ "on procurement of goods, and services certain types of legal entities, except for complaints that are stipulated by the legislation of the Russian Federation on the contract system in the area of procurement of goods, works, services for obespečeniâgosudarstvennyh and municipal needs (as amended by the Federal law of 28 dekabrâ2013 N 396-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6961).
2. Actions (inactivity) of the auction Organizer, electronic platform operator, competition or auction Commission can be appealed to the Antimonopoly authority nominating persons to participate in the auction, and if, if such an appeal is related to the violation of the established regulations of the order placing the information about tenders, filing zaâvokna bid, also by another person (the applicant), ilizakonnye rights interests which may be infringed or violated by violation of the order of organization and realization of auctions (hereinafter in this article-the applicant).
3. the appeal of actions (inactivity) of the auction Organizer, electronic platform operator, competition or auction Commission in the competition authority is not an obstacle to appeal the actions (inaction) by the courts.
4. Appeal the actions (inactivity) of the auction Organizer, electronic platform operator, competition or auction Commission in the competition authority in the manner prescribed by the nastoâŝejstat′ej, no later than ten days from the date of the debriefing of the trades or eslipredusmotreno posting results of trades on site in information and telecommunication seti"Internet", from the date of such posting, except in the cases provided for in this federal law.
5. If the conclusion of a treaty is not implemented on trades, or in the case of recognition of the trades failed appeal against actions (inactivity) of the auction Organizer, electronic platform operator, competition or auction Commission in Antimonopoly authority order, established by the nastoâŝejstat′ej, allowed within three months from the date of the debriefing of the trades or eslipredusmotreno posting results of trades on site in information and telecommunication seti"Internet", from the date of such posting.
5-1. Appeal against acts, and (or) actions (inaction) of the authorized body and (or) the institution carrying out the exploitation networks divested prescribed by this article, shall be permitted no later than within three months after the dnâprinâtiâ Act and (or) an action (inaction) of the authorized body and (or) the institution carrying out the exploitation of networks (part 5-1 introduced by the Federal law dated July 13, 2015 N 250-FZ-collection of laws of the Russian Federation, 2015, N 29, art.
4376, comes into effect from January 10, 2016).
6. The complaint of actions (inactivity) of the auction Organizer, electronic platform operator, competition or auction Commission (hereinafter-the complaint) is filed in writing to the competition
body and shall include: 1) the name, location, mail address, contact telephone number of the organizer of the auction, the operator of electronic platform, actions (inaction) of which are appealed;
2) name, information about the location (for legal entities), the surname, name, patronymic, information about mestežitel′stva (for individuals) claimant's mailing address, e-mail address, phone number, fax number;
3) naobžaluemye trades if the placement of information on these trades on the site for information and telecommunication network "Internet" is required in accordance with the legislation of the Russian Federation, the website address, kotoromona posted;
4) naobžaluemye actions (inactivity) of the auction Organizer, operatoraèlektronnoj fields, a competitive iliaukcionnoj commissions, relevant arguments;
5) list of prilagaemyhk the complaint documents.
7. the complaint may be sent to the competition authority by mail or facsimile, electronic počtylibo otherwise.
8. the complaint must be signed by the applicant or egopredstavitelem. The complaint the complainant, podannojpredstavitelem shouldbe accompanied by power of attorney or other representative of the applicant confirming authority for signing the complaint document.
9. complaint vozvraŝaetsâzaâvitelû in the following cases: 1) the complaint does not contain the information referred to in paragraph 6 of this article;
2) complaint is not signed, or signed by the individual whose powers are not documented;
3) naličievstupivšego enforceable judicial act, which contains the conclusions about the presence or absence of narušeniâv these actions (omission) auction Organizer, electronic platform operator, tender or auction Commission;
4) competition authority decision concerning these actions (inactivity) of the auction Organizer, electronic platform operator, tender or auction Commission;
5) acts and (or) actions (omissions) of an authorized body have been appealed in the manner prescribed by the Federal law dated July 27, 2010 year N 210-FZ "on the Organization of the provision of public and municipal services" (paragraph 5 was introduced by the Federal law dated July 13, 2015 N 250-FZ-collection of laws of the Russian Federation, 2015, N 29, art. 4376, comes into effect from January 10, 2016).
10. Decision concerning the return of a complaint may be made within three working days from the date of its reception by the competition authority, which on the day of adoption of the decision to return the complaint shall notify the applicant in writing of the decision specifying the reasons for the return of the complaint.
11. In the case of prinâtiâžaloby consideration of the Antimonopoly authority places within three working days from the date of eepostupleniâ information about the complaint and its contents on the official website of the trades or on the website of the competition authority, shall send to the applicant, organizatorutorgov, operator of the electronic platforms, competition or auction Commission notice on postupleniižaloby and on the suspension of trading until the complaint on the merits (further in this article-notification). In uvedomleniiukazyvaûtsâ a brief summary of the complaints (for consideration), the address of the official bidding site hosts information on receipt of complaints, the competition authority, ilisajta informationabout the place and the time of the complaint. Notification shall be sent by mail or facsimile or èlektronnojpočty.
In the case of napravleniâuvedomleniâ, by email sent to the organizer of the auction, the bidding or auction Commission to the e-mail address specified in the notification of tenders, operator of the electronic platforms to the email address listed on the website of the electronic platform for information and telecommunication network "Internet", the claimant to the e-mail address specified in the complaint.
12. the organizer of the auction, the operator of electronic platforms, competition or auction Commission, actions (inaction), which will be appealed, in tečenieodnogo working day from the receipt of the notice must tell applicants applications for participation in trades, the fact of the postupleniâžaloby, its contents, the place and the time of its consideration.
13. the organizer of the auction, the operator of electronic platforms, competition or auction Commission, the applicant, as well as persons who filed applications for participation in trades were entitled to send to the Antimonopoly authority objection to a complaint or supplement thereto and to participate in the examination of a complaint personally or through their representatives. Objection to the complaint shall contain the information referred to in paragraph 6 of this article. Objection to the complaint shall be sent to the vantimonopol′nyj body no later than two working days before the date of the complaint.
14. The competition authority is obliged to examine the complaint on the merits within seven working days from the date of receipt of the complaint.
14-1. If prirassmotrenii complaint Commission antitrust authority must obtain additional information, the period of time for taking a decision may be extended once for a period established by part 14 of this article (part 14-1 introduced by the Federal law dated July 13, 2015 N 250-FZ-collection of laws of the Russian Federation, 2015, N 29, art. 4376, comes into effect from January 10, 2016).
15. the organizer of the auction, the operator of electronic platforms, competition or auction Commission, actions (inaction), which will be appealed, obâzanypredstavit′ for consideration by the complaint on the merits of the bid documentation, the changes made in the tender documentation, documentation about the auction, bids for participation in the competition, applications for participation in the auction, autopsy reports envelopes with bids for participation in the contest, protocols, consideration of applications for participation in the contest, protocols, consideration of applications for participation in the auction evaluation and comparison of the protocols of application forms for participation in the contest, auction protocols, audio, videos and other documents and information compiled in the course of organization and realization of auctions.
15-1. Upolnomočennyjorgan and (or) organization conducting operation networks, obâzanypredstavit′ for consideration by the complaint a written justification of the legality of the Act and (or) committed actions (omissions) indicating those provisions of normative legal acts establishing the order of prinâtiâtakogo of the Act and (or) commit such actions (omissions) (part 15-1 introduced by the Federal law dated July 13, 2015 N 250-FZ-collection of laws of the Russian Federation, 2015, N 29, art. 4376, comes into effect from January 10, 2016).
15-2. Antimonopol′nyjorgan if necessary sends to Organizer, operator of the electronic trading platforms, competition or auction Commission authorized body and (or) Organization, making the operation of the networks, the applicant request appearance does this other information and documents for consideration by the complaint. Request for other data and documents shall be forwarded in the manner prescribed by part 11 of this article. The requested information and documents shall be submitted in the competition authority pending consideration of the merits (part 15-2 introduced by the Federal law dated July 13, 2015 N 250-FZ-collection of laws of the Russian Federation, 2015, N 29, art. 4376, comes into effect from January 10, 2016).
16. consideration of the merits carried out by the Commission of competition authority. The absence of the persons duly notified (uvedomlennyhposredstvom the direction of the competition authority a notice under paragraph 11 of this article) of the time and place of examination of the complaint on the merits, does not constitute an obstacle to such a review.
17. in considering the complaint Commission antitrust authority considers valid actions (inactivity) of the auction Organizer, electronic platform operator, tender or auction Commission. If during the examination of the complaint by the Commission of competition authority establishes violations in the actions (inaction) of the auction Organizer, electronic platform operator, competitively or aukcionnojkomissii, the competition authority, the Commission shall decide, taking into account all violations.
18. from the day napravleniâuvedomleniâ under paragraph 11 of this article, shall be suspended until the rassmotreniâžaloby actions (inactivity) of the auction Organizer, electronic platform operator, tender or auction Commission on the merits.
19. in the case of the complaints to consider bidding Organizer, which, in the manner prescribed by part 11 of this article, notice is not entitled to conclude an agreement before the adoption of the decision on the complaint by the competition authority. Contract concluded with the violation of the requirements established by this paragraph is void.
20. following the examination of the complaint suŝestvukomissiâ the competition authority takes a decision on recognition of complaints justified or unjustified and if the complaint is substantiated or if other is not subject to appeal against violations (violations of the procedure for organizing and conducting the bidding, contracting on trades or in the case of recognition of the trades canceled) shall decide on the necessity of issuing regulations under paragraph 3-1 part 1 article 23 hereof.
21. the Board ceases consideration of complaints in cases stipulated in points 3 and 4 of part 9 of this article.
22. Within trehrabočih days from the date of adoption of the decision on
the complaint of the Antimonopoly authority shall send to the applicant, the organizer of trades, operator of the electronic platform, the competition Commission iliaukcionnuû, actions (inaction), which will be appealed, kopiirešeniâ, prescriptions, taken following consideration of the complaint, and hosts information about such decision, rule on the official website of the trades or on the website of the competition authority.
23. A decision or order of the Commission, the competition authority can be appealed judicially within trehmesâcev decision or the issuance of regulations.
24. The applicant vpraveotozvat′ the complaint before deciding on the merits of the complaint. The applicant, which withdrew them filed a complaint shall not have the right to lodge a complaint again the same actions (inactivity) of the auction Organizer, electronic platform operator, konkursnojili auction Commission in the manner prescribed by this article.
25. The competition authority deals with complaints on actions (inactivity) of the State or municipal property the seller and/or organizer of sale of State or municipal property, provodimojv electronic form (hereinafter referred to in this article, as well as in paragraph 3-1 part 1 of article 23nastoâŝego of the Federal law-the organizer of the sale), sale of State or municipal property, in accordance with the Federal law of December 21, 2001 N 178-FZ "on privatization of State and municipal property" in order prescribed by this article, with the following features: 1) appeal against the actions (inaction) of State or municipal property the seller and/or organizer of sale in antimonopol′nyjorgan permitted within five working days from the date of posting on the official website in the information and telecommunication network "Internet" defined in accordance with article 15 of the Federal law of December 21, 2001 N 178-FZ "on privatizaciigosudarstvennogo and municipal property", or eslirazmeŝenie on this site is not provided from the date of signature of the Protocol on recognition candidates by bidders (Protocol of recognition candidates in conducting the učastnikamiprodaži sale of State or municipal property through public offerings or sell ads without prices) or within pâtirabočih days from the date of posting on this site or, if the accommodation is not provided on this site, sodnâ the signing of the Protocol concerning the outcome of the sale subject to privatization;
2) complaint on the actions (inaction) of prodavcagosudarstvennogo or municipal property and (or) the organizer of the sale by the competition authority considered within five rabočihdnej from the date of receipt of the complaint;
3) If a complaint on the seller's actions (omissions) of State or municipal property and (or) the organizer of the sale is considered dodaty the end of filing applications for participation in trades (applications for participation in the sale when conducting a sale of State or municipal property through public offerings or sales without advertisement prices), the competition authority may not make a decision on extradition regulations;
4) complaint on the actions (inaction) of prodavcagosudarstvennogo or municipal property and (or) the organizer of sale relating to the recognition of the contenders trading participants (participants in conducting sales sale of State or municipal property through public offerings or sales without advertisement prices) or denial of such recognition cannot be filed after five working days from the date of posting on the specified in paragraph 1 of this part, the official website for information and telecommunications network, Internet or If accommodation is not provided on the site, from the date of signature of protokolao recognition candidates by bidders (Protocol on recognition of candidates participants in conducting sales sale of State or municipal property through public offerings or sales without advertisement prices).
(Article 18-1 vvedenaFederal′nym Act of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) Chapter 5. Predostavleniegosudarstvennyh or municipal′nyhpreferencij (name as amended by the Federal law dated July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) article 19. Gosudarstvennyeili municipal preferences 1. State or municipal preferences can be granted on the basis of legal acts of the federal body of executive power body of State power of constituent entities of the Russian Federation, local government or other conducting these functions of the organs of the authority or organization solely for the purpose of: 1) ensure livelihoods in rajonahKrajnego North and similar areas;
2) development of education and science;
3) naučnyhissledovanij;
4) protection factors;
5) conservation, use, promote igosudarstvennoj protection of objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation;
6) development of culture, art, and preservation of cultural values;
7) fizičeskojkul′tury and development of sport;
8) to ensure the country's defense capability and security of the State;
9) proizvodstvasel′skohozâjstvennoj products;
10) Socialand population (in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
11) protection of labour;
12) zdorov′âgraždan protection;
13) support sub″ektovmalogo and medium-sized businesses;
13-1) support for socially oriented non-profit organizations in accordance with the Federal law of January 12, 1996 year N 7-FZ "on non-commercial organizations" (para. 13-1 was introduced by the Federal law of April 5, 2010 N 40-FZ-collection of laws of the Russian Federation, 2010, N 15, art. 1736);
14) defined by other federal laws, normative legal acts of the President of the Russian Federation and the normative legal acts of the Government of the Russian Federation (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
2. Zapreŝaetsâispol′zovanie preferences in State or municipal purposes, does not match the specified vzaâvlenii of consent to the provision of State or municipal preference objectives.
3. State or municipal preference in order to provided by paragraph 1 of this article shall be granted with the prior consent in writing of the Antimonopoly authority, except if such preference is available: 1) on osnovaniifederal′nogo the law, legal acts of the President of the Russian Federation, the legal act of the Government of the Russian Federation, the laws of the constituent entities of the Russian Federation on the budget, regulatory legal acts of local self-government bodies on the budget, containing either spell out the procedure for determining the level of State or municipal preferences and its specific recipient (in red. Federal law dated 6dekabrâ, 2011. N 401-FZ-collection of laws of the Russianfederation, 2011, N 50, art. 7343);
2) by sending nafinansovoe to ensure contingency funds reserve funds in accordance with the budgetary legislation of the Russian Federation;
3) amounting to neprevyšaûŝem, established by the Central Bank of the Russian Federation the size limit cash settlements in the Russianfederation between legal entities on one transaction, if such preference is granted to no more than odinraz per year to one person;
4) in accordance with state programs (sub-programs) Russian Federation gosudarstvennymiprogrammami (sub-programs) subjects of the Russian Federation and municipal programs (sub-programs) that contain activities aimed at the development of small and medium-sized enterprise development (paragraph 4 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343; harm.
Federal law dated June 29, 2015 N 156-FZ-collection of laws of the Russian Federation, 2015, N 27, art. 3947). 4. Not âvlâetsâgosudarstvennoj or municipal preferenciej: 1) the provision of property and (or) other objects of civil law rights bidding process organized in accordance with the legislation of the Russian Federation, as well as rezul′tataminyh procedures predusmotrennyhzakonodatel′stvom the Russian Federation on the contract system in the area of procurement of goods, works and services for public and municipal needs (as amended by the Federal zakonaot December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343; Federal law dated December 28, 2013 (N) 396-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, no. 52, art. 6961);
2) transfer, allocation, distribution of State or municipal property to individuals in order to eliminate the consequences of emergencies, military actions, conducting counter-terrorism operations;
3) docking state or municipal property for economic entities on economic management or operative management right;
4) predostavlenieimuŝestva and (or) other objects of civil law rights based on federal′nogozakona or on the basis of a court decision that has entered into force;
5) predostavlenieimuŝestva and (or) other objects of civil law rights equally to each participant in the market (paragraph 5 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
6) providing koncedentom to the concessionaire of State or municipal property rights guarantees under the concession agreement, signed in accordance with parts 4-1-4-37 12stat′i July 21, 2005 federal law N 115-FZ "on concession agreements" (paragraph 6 was introduced by the Federal law dated July 21, 2014 N 265-FZ-Sobraniezakonodatel′stva Russian Federation, 2014, N 30, art. 4266). (article 19 in red. Federal law dated 17th July, 2009. N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601) article 20. Porâdokpredostavleniâ State or municipal′nojpreferencii 1. The federal body of executive power body of State power of constituent entities of the Russian Federation, local government or other conducting the functions of these bodies or organizations with the intention to provide public or municipal preference, serves in the competition authority a statement of consent to the provision of such preferences in the form defined by the Federal competition authority. To the statement shall be accompanied by: 1) a draft Act which provides for the provision of State or municipal preferences, indicating the purpose of the grant and the amount of such preferences, if it is available through the transfer of property;
2) list of activities and (or) carried out by the economic entity in respect of which there is the intention to provide public or municipal preference, during the two years preceding the date of filing the application or within the lifetime of the activity, eslion is less than two years, as well as copies of documents confirming and (or) confirming the right to engage in these activities, if, in accordance with the legislation of the Russian Federation for their implementation requires and (or) required specific authorization;
3) name vidovtovarov, the volume of goods produced and (or) realizovannyhhozâjstvuûŝim subject otnošeniikotorogo has the intention to provide public or municipal preference, during the two years preceding the date of filing the application or within the lifetime of the activity, eslion is less than two years, including codes of products;
4) accounting balanshozâjstvuûŝego entity in respect of which there is the intention to provide public or municipal preference, as of the last otčetnuûdatu that precedes the date of filing the application or, if the entity does not submit to the tax authorities, other balance sheet provided by the legislation of the Russian Federation on taxes and fees documentation;
5) list of individuals belonging to the same group of persons shozâjstvuûŝim entity in respect of which there is the intention to provide public or municipal preference, stating the reasons for the occurrence of such persons in this group;
6) notarized copies of founding documents of an entity.
2. The competition authority examines the submitted zaâvlenieo consent to the provision of State or municipal documents and preferences is one of those listed in part 3 of this article, decisions in a period not exceeding one month from the date of receipt of such application and documents. In the slučaepredstavleniâ statement and (or) documents not conforming to the requirements established by part 1 of this article, the competition authority within ten days from receipt of the specified zaâvleniâprinimaet the reasoned decision onesootvetstvii submitted statements and/or documents in the manner prescribed by the Federal Antimonopoly body ivozvraŝaet a statement of consent to the provision of State or municipal preferences by registered letter with acknowledgment of receipt with the application certified in the prescribed manner a copy of such decision. When the period of storage of the documents submitted, the competition authority in tečeniekotorogo the complainant has the right to recover them is fourteen days from the date of receipt of the notification by the claimant. If during the examination of the statement of consent to the provision of State or municipal preferences competition authority concludes that the acts for which consent is sought in the statement of the Antimonopoly authority, are not state or municipal preferenciej, German Antimonopoly authority within ten days from the date of submission of the application in the manner prescribed by the Federal Antimonopoly body adopts landmark decision that the consent of the competition authority to osuŝestvlenietakih action is required about what puts this decision shall notify the applicant accordingly by registered letter with acknowledgment of receipt with the application in the prescribed manner certified copy of the decision.
3. Antimonopol′nyjorgan based on the results of consideration of the statement of consent to the provision of public ilimunicipal′noj preferences in the manner prescribed by the Federal Antimonopoly body accepts one izsleduûŝih motivated decisions than on the day of adoption of the decision, notify the applicant by registered letter with acknowledgment of receipt with the application certified in the prescribed manner a copy of that decision: 1) of consent to the provision of State or municipal, gosudarstvennaâili municipal, if preferences preference is given to referred to in paragraph 1 of article 19 hereof, and it may not lead to the elimination or prevention of competition;
2) on the extension of srokarassmotreniâ this statement, if during its consideration of the competition authority will come to conclusions notes that the provision of such preferences may lead to eliminate or prevent competition, or that such preference may not correspond to the goals identified in part 1 of this federal law, stat′i19, and more information was needed for the adoption of a decision under paragraphs 1, 3 or 4nastoâŝej parts. At the specified address term of consideration of this statement may be extended for not more than Nadwa month;
3) refusing State or municipal preferences, if the State or municipal preference does not match the purposes specified in article 19 of part of this federal law, or if it might lead to eliminate or prevent competition;
4) of consent to the provision of State or municipal preferences and the introduction of restrictions on the provision of State or municipal preferences. this reasoned decision justifying the application of the limitations or restrictions taken antitrust organomdlâ ensure compliance with State or municipal preference objectives identified in part 1 of the article 19 of this federal law, and to reduce its negativnogovliâniâ on competition. Restrictions may be: (a) the deadline for State) or municipal preferences;
b) the circle of persons who may be predostavlenagosudarstvennaâ or the municipal preference;
in razmergosudarstvennoj) or municipal preferences;
g) the provision of State or municipal preferences;
d) inyeograničeniâ, the application of kotoryhokazyvaet impact on the competition.
4. In case if the decision on consent for provision of State or municipal preference given in accordance with paragraph 4 of part 3 of this article, the claimant shall submit the documents confirming compliance with restrictions, the list whereof shall be determined by the competition authority, within one month from the date on which the State or municipal preferences.
(Article 20 as amended. Federal law dated 17th July, 2009. N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601) article 21. Posledstviânarušeniâ requirements of this Federal′nogozakona when granting and (or) use of State or municipal preferences (name of harm. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) if priosuŝestvlenii monitoring and the use of State or municipal preferences competition authority in the manner prescribed by the Federal competition authority will establish the facts predostavleniâpreferencij in violation of the rules established in article 20 of this federal law, or non-conformity of its ispol′zovaniâzaâvlennym in the statement of objectives, the anti-monopoly authority shall issue to the railway body, which allowed such preference, the Federal Executive authority, Executive authority of the Russian Federation vlastisub″ekta, local self-governing body other performing the functions of these bodies or organizations, provided such preference, the adoption of measures to
return of property, other objects of civil law rights, provided that the State or the municipal preference was granted by a State or municipal property, other objects of civil rights, or the adoption of measures to eliminate the use of advantages of economic entity that received State or municipal preference, provided that public or municipal preference was given in another form (art. 21 as amended by the Federal law dated July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601; Federal law dated 6dekabrâ, 2011. N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343). Chapter 6. Features and polnomočiâantimonopol′nogo body Article 22. Antimonopoly body Funkciiantimonopol′nogo organvypolnâet the following main functions: 1) provides state monitoring of compliance with antimonopoly legislation federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, in other operating functions of these bodies or organizations, as well as State non-budgetary funds, businesses, individuals, including land use, mineral resources, water resources and other natural resources (as amended by the Federal law dated July 17, 2009 N 164-FZ collection zakonodatel′stvaRossijskoj Federation , 2009, no. 29, art.
3601);
2) identifies violations of antitrust laws, takes measures to halt violations of the Antimonopoly Law and prosecuted for takienarušeniâ;
3) prevents monopolistic activity, unfair competition, and other violations of the antitrust laws by federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, in other operating functions of these bodies or organizations, as well as State non-budgetary funds, business entities, individuals;
4) carries out the State control over economic concentration, including land use, mineral resources, water resources and other natural resources, as well as priprovedenii trades in cases stipulated by federal law (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601).
Article 23. Polnomočiâantimonopol′nogo body 1. Antimonopol′nyjorgan has the following powers: 1) excites and hears cases concerning violations of the antimonopoly legislation;
2) in the cases referred to in this federal law, business entities mandatory requirements: a) on the prekraŝeniiograničivaûŝih competition agreements and/or concerted action by economic actors and performing actions aimed at safeguarding competition;
b) on termination of the abuses of dominance and economic entity having committed actions aimed at ensuring competition;
prekraŝeniinarušeniâ rules in) the non-discriminatory access to goods;
g) of prekraŝeniinedobrosovestnoj competition;
d) on nedopuŝeniidejstvij, which could constitute an obstacle to the emergence of competition and (or) could cause kograničeniû, eliminate competition and violation of the antimonopoly legislation;
e) on Elimination of the consequences of the violation of the antimonopoly legislation;
f) on cessation of other violations of antitrust laws;
w) of vosstanovleniipoloženiâ, existed before the violation of the antimonopoly legislation;
and on zaklûčeniidogovorov) about the changing conditions of termination dogovorovili agreements in case when reviewing competition authority of antitrust cases by persons whose rights have been violated or are likely to be violated, was zaâvlenosootvetstvuûŝee the petition, or in the case of the antimonopoly body of State control over economic concentration;
k) about transferring to the federal budget income received as a result of the violation of antimonopoly legislation;
l) for changes or restrictions on the use of company names in case if, in the consideration of the case by the competition authority of narušeniiantimonopol′nogo law of persons whose rights have been violated or are likely to be violated, was told an application, or in the case of the antimonopoly body of State control over economic concentration;
m) of vypolneniièkonomičeskih, technical, informational and other requirements on the removal of discriminatory conditions and on preventing their creation;
n) of committing actions aimed at ensuring competition, including on security ustanovlennomfederal′nym the law or other normative legal acts of porâdkedostupa to the production capacity or information for the established federal′nymzakonom or other normative legal acts of the rights to objects of industrial property protection, the transfer of property rights or banning the transfer of property rights, on preliminary informing antimonopol′nogoorgana of intent provided by predpisaniemdejstviâ about selling a certain amount of products on the Exchange, on a preliminary agreement with the antimonopoly body features of the starting prices for the products in its sale on the stock exchange in the manner prescribed by the Government of the Russian Federation (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, article 3601; federal law dated November 21, 2011 (N) 327-FZ-collection of laws of the Russian Federation 2011, N, 48, art. 6728);
3 federal′nymorganam) issues of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government, other performing the functions of these bodies or organizations, as well as State extrabudgetary funds, ihdolžnostnym, except for the cases stipulated in clause 4 of this part, the mandatory requirements: a) repealing or amending acts which violate the antitrust laws;
b) on termination or variation of agreements that violate the antitrust laws;
in) to close the other violations of antitrust laws, including measures to vozvratuimuŝestva, other objects of civil law rights passed as State or municipal preferences (in red. Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601);
g) of committing actions aimed at ensuring competition;
3-1) is the organizer of the tenders, the tender or auction Commission, prodavcugosudarstvennogo or municipal property, sale Organizer binding instructions to commit acts aimed at eliminating violations of the order of organization, bidding, sale of State or municipal property (hereinafter in this paragraph-bidding), the order of the conclusion of treaties on trades or in the case of recognition of the trades failed, including prescriptions obotmene protocols drawn up in the course of bidding about making changes to the documentation, notification of tenders, the annulment of the bidding (para 3-1 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
3-2) issues a warning to discontinue actions (inaction), which contain signs of narušeniâantimonopol′nogo legislation vslučaâh referred to in this Federal Act (paragraph 3-2 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
4) direct to the Central Bank of the Russian Federation proposals for bringing into line with competition law adopted acts and (or) the termination action if such acts and (or) violate antitrust law (as amended by the Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, no. 30, art. 4084);
4-1 vpis′mennoj) sends a form signed by the head or Deputy Head of the competition authority cautions about inadmissibility of violating antitrust laws, officials of businesses, publicly denouncing the planned behavior on the commodity market, if such conduct may violate antitrust laws (para 4-1 was introduced by the Federal law of 6dekabrâ 2011, 2011. N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343);
4-2) deals with complaints on violation procedure required in accordance with the legislation of the Russian Federation the trades, sale of State or municipal property (item 4-2 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
5) prosecuted for narušenieantimonopol′nogo legislation businesses and non-profit organizations, their officials, federal officials
executive bodies, executive bodies of the constituent entities of the Russian Federation, bodies of local self-government, other performing functions of these bodies bodies or organizations, as well as the officers of the gosudarstvennyhvnebûdžetnyh funds, natural persons, including individual entrepreneurs, in the cases and pursuant to procedure established by the legislation of the Russian Federation;
5-1) appeals to the Court of appeal statements contrary to competition law, regulatory legal acts of the federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, other performing functions of these bodies bodies or organizations, as well as State non-budgetary funds, the Central Bank of the Russian Federation (paragraph 5-1 was introduced by the Federal law of June 4, 2014 N 143-FZ-collection of laws of the Russian Federation, 2014, N 23, art.
2928);
6) appeals to the Court of arbitration claims, allegations of antitrust violations, including claims, statements: (a)) on priznaniinedejstvuûŝimi either totally or partially null and void, contrary to competition law, including creating unreasonable obstacles to entrepreneurial activity, non-legislative acts of federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, other performing functions of these bodies bodies or organizations as well as State non-budgetary funds, the Central Bank of the Russian Federation (ed. Federal′nogozakona of July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601; Federal law dated 4 iûnâ2014 N 143-FZ-collection of laws of the Russian Federation, 2014, N 23, art. 2928);
b) recognizing totally or partially null and void contracts that do not meet anti-monopoly legislation;
in obâzatel′nomzaklûčenii of the Treaty);
g) to change or orastorženii of the Treaty;
d) on likvidaciiûridičeskih persons in the cases provided for by the antimonopoly legislation;
e) on payment to the federal budget income received as a result of the violation of antimonopoly legislation;
f) on bringing to responsibility for infringement of antitrust law those responsible for takoenarušenie;
w) on recognition of torgovnedejstvitel′nymi;
and) for compulsion to the enforcement of decisions and regulations of the competition authority;
7) participates in the consideration by the Court or Court of arbitration cases involving and (or) a violation of antitrust laws;
8): a) hozâjstvuûŝihsub″ektov register (except for financial institutions) with dolûna of a certain commodity market of more than thirty-five per cent or occupying a dominant position on the market of a certain commodity, if in respect of such a market for other federal laws in order to apply them there were established cases of recognition of the dominant položeniâhozâjstvuûŝih entities (hereinafter referred to as the register). The procedure for the formation and maintenance of the register shall be established by the Government of the Russian Federation;
b) a roster of persons brought to administrative responsibility for violation of antitrust laws. The information included in the register shall not be published in the media and placement in information and telecommunication network "Internet". The procedure for the formation and maintenance of the roster is established by the Government of the Russian Federation;
(Para. 8. Federal law dated December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343) 9) places on the site of the competition authority in the field of information and telecommunications network, Internet solutions and requirements zatragivaûŝieinteresy an indeterminate number of persons (in red. Federal law dated July 11, 2011 N 200-FZ-collection of laws of the Russian Federation, 2011, N 29, art. 4291);
10) establishes the dominant position of an entity with rassmotreniizaâvlenij materials, antitrust cases and State control over economic concentration (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
11) inspects compliance with antimonopoly legislation by commercial entities, non-profit organizations, federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, in other operating functions of these bodies or organizations, as well as State non-budgetary funds, individuals receive from them the necessary documents and information, an explanation in writing or orally, in the manner prescribed by the legislation of the Russian Federation appealed to the bodies carrying out investigative activities the carrying out of operatively-search actions;
12) both headquarters locations for the activities of legal persons, ensuring the Organization of trade in the markets for certain goods, such as on the market of electric energy (power), under the State regulirovaniâcen (tariffs) for such products, and also monitors the handling cenamina wholesale and/or retail markets for electric energy (power) (in red. Federal zakonaot July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601;
Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
12-1) is responsible for the provision and use of public or municipal preferences (para 12-1 was introduced by the Federal law of October 5, 2015 N 275-FZ collection zakonodatel′stvaRossijskoj Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016);
13) exercise any other stipulated by law nastoâŝimFederal′nym, other federal laws, decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation the powers.
2. in addition to the ukazannymiv part 1 of this article, the powers of the Federal Antimonopoly body has the following powers: 1) approves the submission form in the competition authority information transactions and (or) the actions provided for in article 32 of this federal law;
2) says posoglasovaniû with the Central Bank of the Russian Federation method for determining the inappropriately high and inappropriately low price services credit organization (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
3) says porâdokprovedeniâ analysis of competition for the purposes of establishing the dominant position of an entity and to identify other cases prevent, restrict or eliminate competition (order analysis the State of competition in order to establish a dominant položeniâfinansovoj organization podnadzornojCentral′nomu Bank of the Russian Federation, asserted federal′nymantimonopol′nym authority in consultation with the Central Bank of the Russian Federation) (as amended by the Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, N 30, art. 4084);
4) publishes normativnyepravovye acts provided for in this federal law;
5) gives explanations round ofdiscussions on use of antitrust law;
6) gives in the prescribed manner the conclusions about impacts of special protective, antidumping measures ikompensacionnyh change impacts rates of customs duties at the nakonkurenciû market of the Russian Federation (in red. Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601);
7) introduced the vlicenziruûŝie authorities proposals for annulment, revocation of licenses for businesses that violate antitrust laws, certain types of activities or to suspend such licenses;
8) osuŝestvlâetsotrudničestvo with international organizations, Governments of foreign States, prinimaetučastie in the development and implementation of international treaties of the Russian Federation in the work of intergovernmental or inter-ministerial commissions, coordinating international cooperation Russian Federation osuŝestvleniimeždunarodnyh of programmes and projects for the protection of competition;
9 ianaliziruet) generalizes the practice of anti-monopoly legislation, develops recommendations on its implementation;
10) ežegodnopredstavlâet to the Government of the Russian Federation report on the State of competition in the Russian Federation makes it available on the website of the competition authority in the field of information and telecommunications network "Internet" (as amended by the Federal law dated July 11, 2011 N 200-FZ-collection of laws of the Russian Federation, 2011, N 29, art. 4291).
3. in order to address the issues identified in part 4 of this article, the Federal Antimonopoly body formed by collegiate bodies, which utverždaetsârukovoditelem
the Federal competition authority (part 3 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
4. Kollegial′nyeorgany: 1) review materials study and generalize practice of antitrust and competition authorities give clarifications on its application;
2) peresmatrivaûtrešeniâ and (or) the prescriptions of the territorial bodies of the Federal competition authority (hereinafter referred to as the territorial competition authority) on antitrust cases if such decisions and (or) Regulations violate the uniformity in the application of Antimonopoly bodies of rules of antimonopoly legislation.
(Part 4 of the Act of October 5, 2015 vvedenaFederal′nym N 275-FZ-Sobraniezakonodatel′stva Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) 5. For peresmotrarešenij and (or) the territorial requirements of antimonopoly authorities on antitrust cases against organizations-operators of payment systems payment infrastructure services operators in carrying out their activities in accordance with Federal′nymzakonom "on national payment system", as well as finansovyhorganizacij, supervised by the Central Bank of the Russian Federation, in the composition of the collegiate body included representatives of the Central Bank of the Russian Federation, which accounted for half of the members of the collegial body (part 5 introduced the Federal law of October 5, 2015 N 275-FZ-Sobraniezakonodatel′stva Russian Federation , 2015, N 41, art. 5629, comes into effect from January 5, 2016).
6. persons učastvovavšiev the antitrust, represent the federal anti-monopoly complaint against the decision and (or) a precept of the territorial authority, violate the uniformity in the application of Antimonopoly bodies of rules of antimonopoly legislation, within one month from the date of the decision or the issuance of prescriptions (part 6 introduces the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41 , art. 5629, comes into effect from January 5, 2016).
7. persons učastvovavšiev antitrust case, the territorial competition authority notified of during the consideration of appeals against the decision and (or) a precept of the territorial authority and the results of its consideration by placing sootvetstvuûŝejinformacii on the official website of the Federal Antimonopoly body in the field of information and telecommunications network "Internet" (part 7 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41 , art. 5629, comes into effect from January 5, 2016).
8. Decision on the complaint is accepted by the collegial body within two months from the date of its receipt. The specified term notbe extended in case of identifying the need for additional research documents (information) required for the consideration of complaints, but no more than naodin month (part 8 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
9. persons učastvovavšiev antitrust case, the territorial competition authority has the right to take part in a meeting of the collegial body for reviewing decisions and (or) the territorial requirements of the competition authority. Individuals involved in the antitrust case, the territorial competition authority may participate in a meeting of the collegial body on peresmotrurešeniâ and (or) the prescriptions of the territorial authority through the use of video-conferencing, provided their statements about this petition and if there antimonopoly body in the corresponding territorial technical feasibility of the implementation of the video-conferencing (part 9 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
10. Following the consideration of appeals against the decision and (or) a precept of the territorial authority collegial body may: 1) complaint bezudovletvoreniâ;
2) to reverse the decision and (or) a precept of the territorial authority;
3) to change the decision and (or) a precept of the territorial authority.
(Part 10 of the Act of October 5, 2015 vvedenaFederal′nym N 275-FZ-Sobraniezakonodatel′stva Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) 11. Reason for change or cancellation of the decision of the territorial authority is a violation of the uniform application of the Antimonopoly bodies of rules of Antimonopoly Law (part 11 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
12. the collegial body is competent to take decisions in the presence of at least half of its composition (part 12 was introduced by the Federal law dated October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
13. decisions of the collegial body should be motivated (Part 13 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
14. Rešeniekollegial′nogo body, the decision based on the results of the review of the decision and (or) the territorial requirements of the competition authority, is subject to manufacturing in full within five working days from the date of announcement of the operative part of the decision and placement within pâtirabočih days from the date of manufacture in full, the official website of the Federal Antimonopoly body in the field of information and telecommunications network "Internet" (part 14 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art.
5629, comes into effect from January 5, 2016).
15. Rešeniekollegial′nogo body, the decision based on the results of the review of the decision and (or) the territorial requirements of the competition authority, shall enter into force on the date of its posting on the official website of the Federal Antimonopoly body in the field of information and telecommunications network "Internet" (part 15 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art.
5629, comes into effect from January 5, 2016).
16. The modus operandi of the collegiate bodies shall be determined by the Federal Antimonopoly body (part of the Federal law of October 5, 2015 16vvedena N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
Article 24. Pravarabotnikov priosuŝestvlenii of the Antimonopoly authority monitoring compliance with antimonopoly legislation when monitoring compliance with antimonopoly legislation, employees of the Antimonopoly authority in accordance with the powers entrusted to them upon presentation of imislužebnyh identity and order of the head of the competition authority to perform the verification of compliance with antimonopoly legislation (hereinafter-test) have the right to unimpeded access to federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government, other performing functions of these bodies or organizations as well as in the State budget funds, commercial entities, non-profit organizations to obtain the necessary documents and information to the competition authority (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601).
Article 25. Obâzannost′predstavleniâ information vantimonopol′nyj body 1. Businesses and non-profit organizations (officials), federal bodies of executive power (the officials), the State authorities of the constituent entities of the Russian Federation (the officials), local authorities (officials) and other osuŝestvlâûŝiefunkcii these bodies or organizations (officials), as well as the State budget funds (officials), natural persons, including individual entrepreneurs, are obliged to submit to the competition authority (its officials) to its reasoned request within the prescribed period the necessary competition authority in accordance with the powers entrusted to him the documents explanations, information, respectively, in written and oral form (čisleinformaciû, which is a commercial, proprietary, and other secrets protected by law), including acts, agreements, certificates, business correspondence and other documents and materials that are made in the form of digital zapisiili in the form of records in electronic media (ed. Federal′nogozakona of July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601; Federal law dated 6dekabrâ
2011 g. N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343). 2. Central bankRossijskoj of the Federation shall be obliged to provide to the Federal competition authority on the written request of that body adopted by the Central Bank of the Russian Federaciinormativnye acts, as well as information (with the exception of information constituting bank secrecy), necessary for the conduct of the Federal Antimonopoly body of analysis of the State of competition in the market for services provided by the Central Bank of the Russian Federation to the supervised financial institutions and monitoring of competition (as amended by the Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation , 2013, N 30, art. 4084). 3. Information constituting commercial, official, other secret protected by the law, is submitted in the competition authority in accordance with the requirements of federal laws.
Article 25-1. Provedenieproverok competition authority 1. In order to monitor the enforcement of antitrust laws, the competition authority has the right to conduct scheduled and unscheduled checks of federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, other performing functions of these bodies bodies or organizations, as well as State non-budgetary funds, commercial and noncommercial organizations, natural persons, including individual entrepreneurs (hereinafter also referred to as-tested).
Non-profit organizaciipodležat verification solely in part of their compliance with the provisions of articles 10, 11, 14-17-1, 19-21 of this federal law when carrying out entrepreneurial activity or coordination of economic activities of other businesses. Under this federal law shall be subjected to the verification of compliance of the activities of non-profit organizations, the objectives of the founding documents of such organizations. Planned ivneplanovye checks are carried out in the form of visiting and documentary checks (in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 2. Osnovaniemprovedeniâ routine inspection is the expiration of three years from the date on which: 1) sozdaniâûridičeskogo persons or organizations, individual entrepreneur's State registration in the order established by the legislation of the Russian Federation;
2) end of the Antimonopoly authority last routine inspection the inspected person.
3. Routine inspection shall be conducted not more than once every three years. The subject is planovojproverki compliance with antimonopoly legislation verifiable person in carrying out its activities.
4. the grounds dlâprovedeniâ unplanned checks are: 1) inputs from law enforcement and other State bodies, bodies of mestnogosamoupravleniâ, from public associations, from an authorized the President of the Russian Federation for the protection of the rights of entrepreneurs, Commissioners for the protection of the rights of entrepreneurs in the constituent entities of the Russian Federation and to indicate violations of the Antimonopoly Law (as amended. Federal law dated November 2, 2013 N 294-FZ-collection of laws of the Russian Federation, 2013, N 44, art. 5633);
2) messages and statements of natural persons, legal persons, media reports indicating that violations of the antimonopoly legislation;
3) expiry of execution of prescriptions issued in the case on violation of the Antimonopoly Law, or in the exercise of State control over economic concentration in the manner prescribed by Chapter 7 of this federal law (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
4) order PrezidentaRossijskoj of the Federation and the Government of the Russian Federation (paragraph 4 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
5) detection of the competition authority signs antitrust violations (item 5 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
5. Subject to unscheduled inspection is antimonopol′nogozakonodatel′stva verifiable compliance person in carrying out its activities or, if such a review is osnovaniemprovedeniâ para 3 of part 4 of this article, pursuant to a previously issued order.
6. verification shall be carried out in accordance with prikazomrukovoditelâ of the competition authority.
7. the order of the head of the Antimonopoly authority verification oprovedenii must contain the following information: 1) naimenovanieantimonopol′nogo body;
2) surnames, names, patronymics, post officer or officers authorized to perform the verification, and the inspection of the experts, the expert organizations;
3) ûridičeskogolica name or surname, name, patronymic of the individual businessman, tested, address location or place of residence of the person being validated (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
4) goals, objectives, and the period for its implementation;
5) legal osnovaniâprovedeniâ audits;
6) dates and list verification activities required to achieve the goals and objectives of the audit;
7) list of administrative regulations for the control;
8) date of commencement of the audit iokončaniâ.
8. Standard form of order of holding proverkiutverždaetsâ the Federal competition authority.
9. the term provedeniâproverki is not more than one month from the date of its execution specified in the order until the date the transfer or mailed to the person being scanned checking Act. In exceptional cases, on the basis of motivated proposals officials conducting checks, specified term notbe extended by two months, the head of the competition authority.
10. To the base extension of spending proverkiotnositsâ need to conduct examinations, research, testing, narusskij the language of documents submitted audited entity in a foreign language, and other necessary measures, without which it is impossible to assess the compliance of the activities of the examinee to requirements of antimonopoly legislation. But the extension of inspection shall be established by the Federal competition authority.
11. Within the framework of the audit antimonopol′nyjorgan is entitled to verify the activity of structural subdivisions of proverâemogolica, including branches and representative offices.
12. To test the person is notified of a conduct routine check at least three working days before the beginning of its spending by sending him a copy of an order of the head of the competition authority for inspection by registered post with return receipt uvedomleniemo or other accessible way (ed. Federal zakonaot July 18, 2011 N 242-FZ-collection of laws of the Russian Federation, 2011, N 30, art. 4590). 13. Proverâemoelico notified conduct unscheduled checks are not less than twenty-four hours prior to its conduct in any way possible (Part 13 introduced by the Federal law dated July 18, 2011 N 242-FZ-collection of laws of the Russian Federation, 2011, N 30, art. 4590). 14. Prior notification of initiation of the examinee unplanned checks in case verification of compliance with the requirements of articles 11 and 16 of the Federal law is not allowed (part 14 introduced by the Federal law dated July 18, 2011 (N) 242-FZ-collection of laws of the Russian Federation, 2011, N 30, art. 4590).
(Article 25-1 vvedenaFederal′nym Act of July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) article 25-2. Dostupdolžnostnyh persons of the Antimonopoly authority or onterritory in provedeniâproverki 1. Dolžnostnyhlic access of the Antimonopoly authority conducting the inspection, the territory or premises of the scanned person is carried out upon presentation of these identities and licamislužebnyh officials order the head of the competition authority on the conduct of the scanned person. It is not allowed to access officials conducting checks, housing examinee.
2. While preventing access by officials of the Antimonopoly authority carrying out the verification, onterritory or premises of a person to validate these officials shall be drawn in the manner prescribed by the Federal Antimonopoly body. in case of failure of the examinee to sign the Act, an appropriate entry is made in it.
3. the form of the Act shall be approved by the Federal competition authority.
(Art. 25-2 vvedenaFederal′nym Act of July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) article 25-3. Inspection 1. Officials of the competition authority, conducting
check with a view to determining the facts, imeûŝihznačenie for completeness check, vpraveosuŝestvlât′ inspection of territories, premises (except žiliŝaproverâemogo), documents ipredmetov examinee.
2. In carrying out the inspection shall have the right to participate the validated person, his/her representative, as well as other involved competition authority to participate in the verification of the person. Inspection is performed in the presence of at least two witnesses. As witnesses can be caused by any interested in the outcome of delafizičeskie persons. Not dopuskaetsâučastie as witnesses, officials of the antimonopoly authorities. Incase, if the implementation of the inspection requires special knowledge to his conduct on the initiative of the competition authority may be specialists and (or) experts.
3. Where necessary, in carrying out the inspection are made photo and filming, video recording, copy documents, and made copies of electronic nositelejinformacii (in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art.
7343). 4. On rezul′tatamosuŝestvleniâ examination record.
The form of the Protocol shall be approved by the Federal competition authority.
(Article 25-3 vvedenaFederal′nym Act of July 17, 2009 N 164-FZ collection zakonodatel′stvaRossijskoj Federation, 2009, no. 29, art. 3601) article 25-4. Discovery of documents and information in provedeniiproverki 1. Job licaantimonopol′nogo body kotoryeprovodât vpraveistrebovat′ validation from examinee is required to conduct a verification of the documents and information. When carrying out the documentary check reasoned request for documents and information shall be communicated to the person being scanned popočte with advice of delivery or shall be served on him or his representative against signature. During the on-site inspection a reasoned request for documents and information shall be served on the person concerned or his representative a verifiable signature. Form of requirement to provide documents and information shall be approved by the Federal Antimonopoly body (ed. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 2. The claimed documents are submitted in the form of copies, certified in the manner prescribed by the legislation of the Russianfederation order. In the caseneed of the competition authority officials conducting checks, spodlinnikami the right to examine documents.
3. Documents and information that have been obtained in the course of the audit, shall be submitted within three working days from the date of delivery of the relevant requirements. If licone has the possibility to submit documents claimed secondhand information communicated within three rabočihdnej it during the day, following the day of receipt of the requirement of submission of documents and information, shall notify in writing the competition authority officials performing the verification, the impossibility of submission within the prescribed period the documents and information indicating the reasons forhow they cannot be submitted within the prescribed period, and the period of during which the validated person may submit to the claimed documents and information. Within two working days from the date of receipt of the uvedomleniâdolžnostnoe face the competition authority on the basis of this notice in the manner prescribed by the Federal Antimonopoly body takes a reasoned decision on the establishment of a new deadline for the submission of documents, disclosures or takes a reasoned decision to refuse the extension of time indicating obosnovaniâotkaza.
A copy of the decision, certified in the prescribed manner shall be communicated to the person being scanned in any way possible.
4. failure to submit on time a verifiable person or submission of deliberately false information and information, claimed in the manner prescribed by this federal law, shall be protected in the manner established by legislation of the Russian Federation (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
(Art. 25-4 vvedenaFederal′nym Act of July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) article 25-5. Obŝietrebovaniâ Protocol requirements established when carrying out action on osuŝestvleniûantimonopol′nogo control 1. In cases stipulated by this federal law, when carrying out action poosuŝestvleniû antimonopoly control (hereinafter referred to as the Act) shall be drawn up protocols. These protocols are written in Russian.
2. protokoleukazyvaûtsâ: 1) the content of the action;
2) place and dataprovedeniâ action;
3) start time iokončaniâ action;
4) post, surname, name and patronymic of the person who made the Protocol;
5) surname, first name, middle name of each person involved in the conduct of the action or witnessed them, and, where appropriate, address and nationality of such a person and whether he owns the Russian language;
6) content action sequence;
7) identified by the action of the essential facts and circumstances.
3. the Protocol is read by all individuals who participated in the action and the present. The persons concerned shall be entitled to make observations to be made in the Protocol.
4. ' Protokolpodpisyvaetsâ its official competition authority, as well as all persons who participated in the action and the present. A copy shall be served or by registered letter with acknowledgment of receipt to the person being scanned.
5. The protocol attached photographic snimkii negatives, films, videos, and other materials made during the action.
(Art. 25-vvedenaFederal′nym Act of 5 July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) article 25-6. Oformlenierezul′tatov check 1. The audit aktproverki is drawn up in two copies, one is awarded were renovated or shall be sent by certified mail with return receipt requested verifiable the person concerned or his representative (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
2. the form of the Act shall be approved by the Federal competition authority.
3. The verification results, containing the information representing State, commercial, utility, other secret protected by the law, are issued in compliance with the requirements stipulated by the legislation of the Russian Federation.
(Art. 25-6 vvedenaFederal′nym law of July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) article 25-7. warning about inadmissibility of violation of antimonopoly legislation 1. In order to prevent violations of antitrust law antitrust authority directs an entity dolžnostnomulicu warning in writing on the inadmissibility of an action which may lead to violation of the Antimonopoly Law (hereinafter referred to as the warning).
2. the reason for the direction of caution is a public statement of an official entity of the intended behavior on the commodity market, if such povedeniemožet lead to the violation of antimonopoly legislation and there is no basis to proceed and deal with the case on violation of the Antimonopoly Law.
2-1. the reason for the direction of official warnings of a federal body of executive power, the organ of State power of constituent entities of the Russian Federation, local government organization participating in the provision of public or municipal services, State non-budgetary Fund is planned in such official actions (inaction) to cause violation of antimonopoly legislation, if there is no basis to proceed and consider the case on violation of the Antimonopoly Law (part 2-1 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
3. a decision on the direction of caution is made by the head of the Antimonopoly authority not later than within ten days from the date when the antimonopol′nomuorganu became aware of the public statement of an official entity of the intended behaviour on the market.
4. Predostereženiedolžno contain: 1) conclusions on the naličiiosnovanij to direct warnings;
2) normyantimonopol′nogo legislation which may be violated economic entity.
5. The procedure for sending warnings and its form are approved by the Federal competition authority.
(Art. 25-7 introduced the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) article 26. Obâzannost′antimonopol′nogo compliance body of a commercial, proprietary, and other secrets protected by the law 1. Information constituting commercial, official, other secret protected by the law and the Antimonopoly organompri
the exercise of his powers, not subject to disclosure, except for the cases stipulated by federal laws.
2. Disclosure of information constituting commercial, official, other secret protected by the law, the employees of the Antimonopoly authority bear the civil, administrative and criminal responsibility.
3. Harm caused to a person or entity as a result of disclosure by the competition authority or its officials of information constituting commercial, official, other secret protected by the law, shall be compensated at the expense of the Treasury of the Russian Federation.
Chapter 7. State control over economic concentration Article 26-1. Transactions and other actions to State control 1. According to the rules of this chapter, subject to State control of transactions and other actions against the assets of the Russian financial and situated on the territory of the Russian Federation of basic production assets and (or) intangible assets or voting stock (shares) rights for Russian commercial and non-profit organizations, as well as foreign persons and (or) organizations engaged in the supply of goods into the territory of the Russian Federation amounting to more than one billion rubles during the year preceding the date of the transaction, inogodejstviâ, podležaŝihgosudarstvennomu (in red. Federal law dated July 28, 2012 N 145-FZ-collection of laws of the Russian Federation, 2012, N 31, art. 4334). 2. The provisions of this chapter shall not apply to agreements concluded by the Central Bank of the Russian Federation in accordance with the Federal law of July 10, 2002 N 86-FZ "OCentral′nom Bank of the Russian Federation (Bank of Russia)" repurchase agreements (part 2 is introduced by the Federal law dated July 28, 2012 N 145-FZ-collection of laws of the Russian Federation, 2012, N 31, art. 4334). 3. The Central Bank of the Russian Federation is the Antimonopoly authority notice of its transactions on the acquisition of shares in commercial companies, shares and assets financial institutions under repo arrangements for forty pâtidnej after the date of such operations in the manner prescribed by the Federal Antimonopoly body in consultation with the Central Bank of the Russian Federation (part 3 introduced the Federal zakonomot July 28, 2012 N 145-FZ-collection of laws of the Russian Federation, 2012, N 31, art. 4334; lose effect from January 5, 2015 on the basis of the Federal law of October 5, 2015 N 275-FZ collection zakonodatel′stvaRossijskoj Federation, 2015, N 41, art.
5629) (article 26-1 introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) article 27. Establishment of ireorganizaciâ commercial organizations spredvaritel′nogo consent of the antitrust authority 1. With the prior consent of the antitrust authority, the following occurs: 1) Fusion kommerčeskihorganizacij (except for financial institutions), if the total value of their assets (assets ihgrupp persons) on the balance sheets as of balance sheet date previous naposlednûû datepredstavleniâ application (hereinafter also referred to as-the final balance, in the case of submissions in the competition authority notified the latest balance is considered to be the balance sheet as of the last reporting date prior to the datesliâniâ of such commercial organizations) exceed sem′milliardov rubles, or the accumulated revenues of such organizations (groups) from the sale of goods for the calendar year preceding the godusliâniâ exceeds 10 billion rubles, or if one of these organizations included in the register (in red. Federal′nogozakona from April 29, 2008 N 58-FZ-collection of laws of the Russian Federation, 2008, no. 18, art. 1941; Federal law on July 17, 2009. N 164-FZ collection zakonodatel′stvaRossijskoj Federation, 2009, no. 29, art. 3601; Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
2) accession odnojili several commercial organizations (except for financial institutions) to a commercial organization (except for financial institutions), eslisummarnaâ the value of their assets (assets of their groups) on poslednimbalansam exceeds seven billion rubles or total revenues of such organizations (groups) from the sale of goods zakalendarnyj year preceding accession, exceed desât′milliardov rubles, or if one of these organizacijvklûčena in the registry (in red. Federal law on July 17, 2009. N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601;
Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
3) merging financial institutions or prisoedinenieodnoj or more financial entities to another financial institution, if the total value of their assets, according to the latest balansamprevyšaet the amount established by the Government of the Russian Federation by agreement with the Central Bank of the Russian Federation (prisliânii or accession financial organizations not controlled by the Central Bank of the Russian Federation, such value shall be determined by the Government of the Russian Federation) (as amended by the Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, N 30, art. 4084);
4) sozdaniekommerčeskoj organization if its authorized capital is paid in shares (shares) and (or) property, which are the main manufacturing facilities and (or) intangible assets other commercial organization (for isklûčeniemfinansovoj), including on the basis of the corresponding deed of transfer or separation balance sheet, and in respect of the shares (the shares) and (or) property created by a commercial organization acquires the rights provided for in article 28 of this federal law, while the total stoimost′aktivov on the last balance sheet of the founders of the commercial organizations (groups) and persons (ihgrupp persons) shares (shares) and (or) property which are brought in as a contribution to the authorized capital of the commercial organization, exceeds seven billion rubles, or if the total revenues of the founders of the commercial organizations (groups) and individuals (groups), stocks (shares) and (or) kotoryhvnosâtsâ property, as a contribution to the authorized capital of the commercial organization, from sales over the last calendar year exceed ten billion rubles or if the organization shares (shares) and (or) property which are brought in as a contribution to the share capital, vklûčenav register (as amended by the Federal law of December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343);
5) sozdaniekommerčeskoj of the organization if its authorized capital is paid in shares (shares) and (or) assets (excluding cash) financial organization and (or) created by a commercial organization acquires such shares (shares) and (or) assets financial institution based on the transmission of the separation and balance of aktaili in respect of such shares (shares) and (or) assets acquires rights under article 29 hereof, and replication cost of assets on the last balance sheet of the financial institution shares (shares) and (or) aktivykotoroj are brought in as a contribution to the authorized capital exceeds the established by the Government of the Russian Federation on the Central Bank of the Russian Federation soglasovaniûs (when you make as a contribution to the authorized capital stock (shares) and (or) assets (excluding cash) financial institutions that are not supervised by the Central Bank of the Russian Federation, such value shall be determined by the Government of the Russian Federation) (in red. Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, N 30, art. 4084);
6) joining the financial organization to a commercial organization (except for financial institutions), eslistoimost′ assets of the financial institution on the last balance exceeds the amount established by the Government of the Russian Federation by agreement with the Central Bank of the Russian Federation (when joining a financial institution not controlled by the Central Bank of the Russian Federation, to a commercial organization (except for financial institutions) such value shall be determined by the Government of the Russian Federation) (paragraph 6 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation 2011, N, 50, art. 7343; in red. Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, N 30, art. 4084);
7) attach a commercial organization (except for financial institutions) to the finansovojorganizacii, if the value of the assets of the financial institution on the last balance exceeds the amount established by the Government of the Russian Federation by agreement with the Central Bank of the Russian Federation (upon accession to the financial institution not controlled by the Central Bank of the Russian Federation, such value shall be determined by the Government of the Russian Federation) (item 7 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation 2011, N, 50, art. 7343; harm.
Federal law dated July 23, 2013 N 251-FZ collection
the legislation of the Russian Federation, 2013, N 30, art. 4084);
8) conclusion between economic agents-competitors agreement on joint activities in the territory of the Russian Federation, if the total value of their assets (assets of their groups) on the last balance sheets exceeds seven billion rubles or total revenues of such business entities (groups) from the sale of goods for the calendar year preceding the conclusion of the agreement, exceed ten billion rubles (item 8 was introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation , 2015, N 41, art. 5629, comes into effect from January 5, 2016).
2. Part 1 of the present article, the requirement to obtain prior consent of the competition authority to act does not apply if the mentioned včasti 1 of this article, actions are carried out by persons forming vodnu a group of persons on the grounds referred to in paragraph 1 of part 1 of article 9 hereof, or if specified in part 1 of this article, the transactions are carried out in compliance with the conditions set out in article 31 of this federal law or if their implementation provided for by acts or acts of the President of the Russian Federation Government Russianfederation (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601).
Article 28. Transaction sakciâmi (shares), commercial organizations, property rights in respect of commercial organizacijs the prior consent of the antitrust authority 1. If the total value of assets on the last person acquiring the balance of stocks (shares), law and (or) property, and his group of persons, a person who is the subject of economic concentration, and his group of individuals exceeds seven billion rubles or if their total revenues from sales of products for the last calendar year exceed ten billion rubles, while total assets under poslednemubalansu a person who is the subject of economic concentration and egogruppy persons exceeds two hundred and fifty million rubles, or if one of the persons included in the register, with the prior approval of the Antimonopoly Authority carried out the following transactions with shares, rights and (or) property (as amended by the Federal zakonaot December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343): 1) acquisition by a person (Group of people) of the voting shares registered in the territory of the Russian Federaciiakcionernogo society, if such a person (Group of people) gets the right to dispose of more than twenty-five per cent of these akcijpri provided that, prior to this acquisition, the person (Group of people) do not use voting shares of the joint stock company ilirasporâžalos′ not more than twenty-five per cent of the voting shares of the company. This requirement does not apply to the founders of a joint-stock company when it was created (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601;
Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
2) acquisition by a person (Group of people) shares in the share capital registered on the territory of the Russian Federation of the society with limited liability, if such a person (Group of people) gets the right to dispose of more than one third of the shares in the share capital of the company, provided that the acquisition of such a person (Group of people) are not taken shares in the authorized capital of the company or taken less than one third of the shares in the share capital of the company. This requirement does not apply to the founders of the society with limited liability when it is created (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
3) the acquisition of shares in the share capital registered on the territory of the Russian Federation of the society with limited liability a person (Group of people), affecting at least one third of the shares and not more than fifty per cent of the shares in the share capital of the company, if such a person (Group of people) gets the right to dispose of more than fifty percent of these shares (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation 2011, N, 50, art. 7343);
4) acquisition of voting shares registered in the territory of the Russian Federation joint stock company (Group), affecting not less than twenty-five per cent and not more than čempât′ûdesât′û percent of the voting shares of the joint stock company, eslièto person (Group of people) gets the right to dispose of more than 50% of the voting shares of such (in red. Federal′nogozakona from December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art.
7343);
5) the acquisition of shares in the share capital registered on the territory of the Russian Federation of the society with limited liability a person (Group of people), affecting not less than 50% and not more than two thirds of the shares in the share capital of the company, if such a person (Group of people) gets the right to dispose of more than two-thirds of listed shares (in red. Federal′nogozakona from December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art.
7343);
6) acquisition of voting shares registered in the territory of the Russian Federation joint stock company (Group), affecting not less than pât′ûdesât′ûprocentami and not more than seventy-five per cent of the voting shares of the joint stock company, eslièto person (Group of people) gets the right to dispose of more than seventy-five percent of those voting shares (as amended by the Federal law of December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011 N 50, art. 7343);
7) getting in the ownership, use or economic entity vovladenie (Group of people) located on the territory of the Russian Federation of basic production assets (excluding land and buildings, industrial buildings, structures, premises and parts of premises, objects of not completed construction) and (or) the intangible assets of another entity (except for financial institutions), if the book value of the assets constituting the subject-matter of the transaction or vzaimosvâzannyhsdelok, exceeds twenty per cent of the book value of basic production assets and intangible assets of an entity implementing the alienation or transfer of property (damage the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601;
Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
8) acquisition by a person (Group) as a result of one or several transactions (including based on dogovoradoveritel′nogo management of the contract about joint activity or contract assignments) rights, which define the conditions for the exercise of registered in the territory of the Russianfederation economic entity (except for financial institutions) business or to serve as its Executive Body (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russianfederation, 2011, N 50, art. 7343);
9) acquisition by a person (Group of people) of more than 50 percent of the voting shares (shares) of a legal person established outside the territory of the Russian Federation, or any other rights which define the conditions for the exercise of such a legal person business or exercise funkciiego Executive Body (item 9 was introduced by the Federal law of December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343).
2. Part 1 of the present article, the requirement to obtain prior consent of the antitrust authority in the implementation of transactions does not apply if the mentioned in part 1 of this article, the transactions are carried out by persons vhodâŝimiv one group of persons on the grounds referred to in paragraph 1 of part 1 of article 9 hereof, or if specified in part 1 of this article, the transactions are carried out in compliance with the conditions set out in article 31 of this federal law or if their implementation provided for acts of the President of the Russian Federation or the acts of the Government of the Russian Federation or if transactions are carried out in relation to the shares of a financial institution (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601).
3. When determining the total value of the assets of the person acquiring the shares, rights and (or) property and its group of persons, âvlâûŝegosâob″ektom economic concentration and his group of persons in accordance with part 1 of this article are not considered assets, selling (alienating) shares (share) or a right in respect of a person who is the subject of economic concentration (sells), and its group of persons, if
as a result of the deal, selling a person and his group of people utračivaûtprava that let you define the terms and conditions of business by a person who is the subject of economic concentration (part 3 introduced the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art.
7343). Article 29. Transaction sakciâmi (shares), assets of financial organizaciji rights in respect of financial organizacijs the prior consent of the antitrust authority 1. If the value of the assets on the last balance sheet of the financial organization exceeds the value set by the Government of the Russian Federation by agreement with the Central Bank of the Russian Federation (transactions sakciâmi (shares), assets of the financial institution not controlled by the Central Bank of the Russian Federation, or rights in the otnošeniiee this value is established by the Government of the Russian Federation), with the prior approval of the Antimonopoly Authority carried out the following transactions with shares, assets, financial institution or rights in relation to financial institutions (as amended by the Federal law dated July 23, 2013 N 251-FZ collection the legislation of the Russian Federation, 2013, N 30, art.
4084): 1) acquisition by a person (Group of people) of the voting shares of the joint stock company, eslitakoe person (Group of people) gets the right to dispose of more than čemdvadcat′û five percent of the stock, provided that the acquisition of such a person (gruppalic) do not use voting shares of the joint stock company obŝestvaili belonged to no more than twenty-five per cent of the voting shares of the company. This requirement does not apply to the founders of the financial institution at its establishment (as restated by federal law from July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, article 3601);
2) acquisition by a person (Group of people) shares in the Charter capital of a company with limited liability, if such a person (Group of people) gets the right to dispose of more than one third of the shares in the share capital of the company, provided that the acquisition of such a person (Group of people) do not use fractions of a given society or use less than one third of the shares in the share capital of the company. This requirement does not apply to the founders of the financial institution at its creation;
3) the acquisition of shares in the Charter capital of a company with limited liability a person (Group of people), affecting at least one third of the shares and not more than fifty per cent of the shares in the share capital of the company, if such a person (Group of people) gets the right to dispose of more than fifty percent of these shares;
4) priobreteniegolosuûŝih shares of person (Group of people), affecting not less than twenty-five per cent and not more than 50% of the voting shares of the company, if the person (Group of people) gets the right to dispose of more than 50% of those voting shares;
5) acquiring shares in the Charter capital of a company with limited liability a person (Group of people), affecting not less than 50% and not more than two thirds of the shares in the share kapitaleètogo society, if such a person (Group of people) gets the right to dispose of more than two tretâmiukazannyh shares;
6) priobreteniegolosuûŝih shares of person (Group of people), not affecting less than pât′ûdesât′ûprocentami and not more than seventy-five per cent of the voting shares of the company, if the person (Group of people) gets the right to dispose of more than seventy-five percent of those voting shares;
7) acquisition by a person (Group of people) in a single transaction or several transactions of financial assets of the Organization (excluding cash) that exceed the amount established by the Government of the Russian Federation (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
8) acquisition by a person (Group of people) in a single transaction or several transactions (including on the basis of a contract of trust assets management contract about joint activity or dogovoraporučeniâ) rights to determine the terms and conditions of business or financial institution to serve as its executive body.
2. Part 1 of the present article, the requirement to obtain prior consent of the antitrust authority in the implementation of transactions does not apply if the mentioned in part 1 of this article, the transactions are carried out by persons vhodâŝimiv one group of persons on the grounds referred to in paragraph 1 of part 1 of article 9 hereof, or if specified in part 1 of this article, the transactions are carried out in compliance with the conditions set out in article 31 of this federal law or if their implementation provided for acts of the President of the Russian Federation or of acts of the Government of the Russian Federation (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601). Article 30. (Repealed based on Federal′nogozakona from December 28, 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988) article 31. Osobennostigosudarstvennogo control over economic concentration, carried out by a group of persons 1. Transactions, other acts referred to in articles 27-29 of this federal law, shall be carried out without the prior consent of the antitrust authority, but sposleduûŝim his notice on their implementation in the manner provided for in article 32 of this federal law, if the following conditions are met: 1) deal, other acts referred to in articles 27-29 of this federal law, shall be carried out by persons belonging to the same group of persons;
2) list of individuals belonging to the same group, together with an indication of the grounds on which such persons are included in this group was presented to any person in this group (the applicant) to the Federal competition authority in approved form no later than one month before the transactions or other actions;
3) list of individuals in that group, at the time of the deals, inyhdejstvij has not changed in comparison with the Federal Antimonopoly body perečnemtakih persons.
2. the Federal Antimonopoly body in tečeniečetyrnadcati days from the date of receipt of the list of individuals belonging to the same group, together with an indication of the grounds on which such persons are included in this group, directs the applicant to one of the following notification (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601): 1) getting takogoperečnâ and placing it on the official site of the Federal Antimonopoly body in the field of information and telecommunications network "Internet", if such a list was submitted in a form approved by the Federal Antimonopoly body (as amended by the Federal law dated 11 iûlâ2011 N 200-FZ-collection of laws of the Russian Federation, 2011, N 29, art. 4291);
2) breach of formypredstavleniâ such a list and non-compliance with the conditions specified in part 1 of this article.
3. The competition authority must be notified of transactions on other actions carried out under the conditions set forth in this article, a person who was interested in the implementation of the set forth in articles 28 and 29 of the present Federal′nogozakona transactions, acts, or by a person that has been created as a result of the transactions, other specified vstat′e 27 of this federal law, not later than forty-five days after the date of osuŝestvleniâtakih transactions other action.
4. The Federal Antimonopoly body alleged to be the presentation of the list of individuals belonging to the same group of persons, with an indication of the grounds on which such persons are included in this group.
5. In the case of determining nedostovernostipredstavlennyh information on persons vhodâŝihv one group of persons such information posted on the official website of the Federal Antimonopoly body in the field of information and telecommunications network, the Internet, the Federal Antimonopoly body removes the specified site (part 5 was introduced by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art.
3601; in red. Federal law dated July 11, 2011 N 200-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 29, art.
4291). Article 32. Persons representing the Antimonopoly authority hodatajstvai notification of transactions, inyhdejstvij, subject to State control, as well as documents and information 1. In order to obtain the prior consent of the antitrust authority in the cases referred to in articles 27-29 of this federal law, or notification of the competition authority in the case of ukazannomv article 31 of this federal law, the competition authority, as applicants seek (in red. Federal law of26 December 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988): 1) osuŝestvlâûŝiedejstviâ persons, stipulated by items 1-
3, 6 and 7 of part 1 of article 27nastoâŝego of the Federal Act (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
2) person or one who decide to izlic osozdanii a commercial organization in cases stipulated in clauses 4 and 5 of part 1 of article 27 of this federal law;
3) persons acquiring shares, property, assets of business entities, rights in respect of business entities resulting from transactions referred to in articles 28 and 29 of this federal law;
4) individuals in accordance with stat′ej31 of this federal law has a duty to notify the competition authority on the implementation of the deals, inyhdejstvij (in red. Federal law of26 December 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988). (part 1 in red. Federal law dated July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) 2. The persons referred to in paragraphs 1-3 of part 1 of this article shall submit to the competition authority of an application for the giving of soglasiâna transactions, inyhdejstvij (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601). 3. Persons to whom article 31 of this Federal′nogozakona has the responsibility to notify the competition authority on the implementation of the deals, other actions are vantimonopol′nyj body notices follow such deals, inyhdejstvij (in red. Federal law of26 December 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988.) 3-1. Application or notification may be submitted to the competition authority in electronic form in the manner prescribed by the Federal antimonopol′nymorganom (part 3-1 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
4. a motion or notice of transactions, other actions may be represented in the competition authority representative of the applicant.
4-1. For the adoption of the decision on the implementation of the deals, other acts subject to State control, paid State duty vrazmerah and according to the procedure established by the legislation of the Russian Federation on taxes and fees (part 4-1 introduced by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art.
3601). 5. At the same time a petition or notification of transactions, inyhdejstvij, subject to State control, the competition authority submitted: 1) notarized copies of founding documents of the applicant is a legal person or the surname, name, patronymic name of the applicant is a natural person and the data of the document certifying his identity (series and (or) document number, date and place of issuance, the authority which issued the document), as of the date of the application or notification;
2) notarial′nozaverennye copies of constituent documents of a person who is the subject of economic concentration, as at the date of the application or notice or a statement in writing that the applicant is not in possession of such documents;
3) documents and (or) information that defines the subject matter and content deals, other acts subject to State control;
4) information about activities carried out by the applicant during the two years preceding dnûpredstavleniâ specified application or notification, or within a term if it is less than two years, as well as copies of documents confirming the right to carry out activities in accordance with the legislation of the Russian Federation for their implementation requires special permission;
5) information about the names of products, on the volume of products manufactured, realizovannojzaâvitelem in the two years preceding dnûpredstavleniâ specified application or notice or tečeniesroka activities if it is less than two years, indicating the item numbers of the products;
6) available to the applicant for information about main activities of persons referred to in articles 27-29 of this federal law on naming products, obob″eme products, realizovannojtakimi persons during the two years preceding the day of the application or notification, or within the lifetime of the activity if it is less than two years, including codes of nomenclature of production, as well as copies of documents confirming the right to engage in these activities If in accordance with the legislation of the Russian Federation for their implementation requires special permissions, or a statement in writing that the applicant information and documents does not have (as amended by the Federal law of December 28, 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988);
7) balance sheet of the applicant as naposlednûû balance sheet date prior to the presentation of the petition, and when representing the specified notice as of the last reporting date prior to the transaction, other actions;
8) information about summarnojbalansovoj the value of the assets of the applicant and his group of persons as of the last reporting date prior to the presentation of the petition, and when representing the specified notice as of the last reporting date prior to the transaction, other actions;
9) information osummarnoj the book value of the assets of a person who is the object of èkonomičeskojkoncentracii, and his group of persons as of the last reporting date prior to the presentation of the petition, and when representing the specified notice as of the last reporting date prior to the transaction, an action or a statement in writing that the applicant is not in possession of this information;
10) financial and economic and other statements of the applicant, provided the Central Bank of the Russian Federation and in the implementing regulation on the financial services market, federal bodies of executive power, as of the last reporting date prior to datepredstavleniâ specified motions, and when predstavleniiukazannogo notice as of the last reporting date prior to the transaction, other actions, if the applicant is a financial organization;
11) provided vCentral′nyj Bank of the Russian Federation and in the implementing regulation on the financial services market, federal bodies of executive power, if the shares are acquired, property and/or assets of the financial institution and (or) rights in respect of its financial-economic and other statements of a person who is the subject of economic concentration, as of the last reporting date prior to the presentation of the petition, APC submission specified notice as of the last reporting date preceding the date of the transaction, inogodejstviâ, or a statement in writing that the applicant is not in possession of these documents;
12) list of commercial organizations, more than five per cent of the shares (the shares) which the applicant shall order on any basis as of the date of submission of the ukazannyhhodatajstva or notice or a statement in writing that the applicant does not dispose of shares of commercial organizations;
13) list of commercial organizations, more than five per cent of the shares (the shares) of which the person subject to economic concentration, manages on any ground, as at the date of the application or notice or a statement in writing that the person does not čtoukazannoe disposes of shares of commercial organizations or a statement in writing that the applicant is not in possession of such information;
14) a list of persons who dispose of for any reason more than five per cent of the shares (the shares) of the applicant, on the date sostoâniûna of the application or notification;
15) list persons who dispose of for any reason more than five per cent of the shares (shares) âvlâûŝegosâob″ektom economic concentration, as at the date of the application or notice or a statement in writing that the applicant is not in possession of such information;
16) a list of persons that are members of the Group of persons with the applicant on the form approved by the Federal Antimonopoly body with indication signs, such persons include forhow to this group on the date of submission of the application, and when representing the specified notification at the time of the transaction, other actions. In the list of persons that are members of the Group of persons with the applicant, include individuals under the control of the applicant; individuals, under the supervision of which is the applicant; members of the Group of persons with the applicant and operating on the same tovarnyhrynkah, which operates the applicant, persons učastvuûŝiev merger, accession, and (or) a person subject to
economic concentrations, as well as persons under their control. Individuals within the Group of persons with the applicant, does not include individuals, if they are not individual entrepreneurs and (or) not included in a group of persons with economic entity on the grounds specified in paragraphs 1-3.5, 6 and 9 of part 1 article 9 hereof;
17) list of individuals belonging to the same group of individuals with different specified in articles 27-29 of the present Federal zakonalicami, approved by the Federal Antimonopoly body with indication signs, such persons include forhow to this group on the date of the presentation of the petition, and when representing the specified notification at the time of the deal, an action or a statement in writing that the applicant does not have such information. In the list of vgruppu persons with other specified in articles 27-29 of this federal law persons includes persons involved vprisoedinenii, and (or) âvlâûŝeesâob″ektom economic concentration; individuals, under the supervision of whom are persons participating in accession and (or) a person who is the subject of economic concentration; individuals under the control of a person who is the subject of economic concentration; members of the Group of persons with a person who is the subject of economic concentration, and carrying out activities in commodity markets, which operate the complainant and the person who is the subject of economic concentrations, as well as persons under their control. Individuals within the Group of persons with other specified in articles 27-29 of this federal law, individuals are not included individuals, who are not sole traders and (or) nevhodât in a group of persons with economic entity on the grounds ukazannymv paragraphs 1-3, 5, 6 and 9 of part 1 article 9 of the present Federal Act (as amended by the Federal law of December 28, 2013 N 423-FZ-collection of laws of the Russian Federation , 2013, N 52, art.
6988);
18) information on persons, for which the ownership of more than five per cent of the shares (the shares) of the applicant, their nominal holders, uncounted on such persons established in a Member State, which grants preferential tax treatment and (or) legislation which does not provide for disclosure and provision of information on the legal entity (offshore zones);
19) list of licenzijlica, which is the object of economic concentration, Republic of activities under article 6 of the Federal law of April 29, 2008 year N57-FZ "on the procedure for foreign investments in business companies of strategic importance to the obespečeniâoborony of the country and the security of the State" or a statement in writing that the applicant is not in possession of this information;
20) a document certifying payment of the State fee for the decision on the implementation of the deals, other acts subject to State control.
(Part 5 in red. Federal law dated 6dekabrâ, 2011. N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) 5-1. In case of not fully necessary documents and information indicated in paragraph 5 of this article, except for the documents and information specified in parts 2-5-5-4 of this article, an application is considered unrepresented, as competition authority shall notify the applicant within 10 days.
When the period of storage of the documents submitted, the competition authority for the applicant vpraveistrebovat′ them is fourteen days from the date of receipt of the notification by the claimant (part 5-1vvedena by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601; in red. Federal law dated 1 July, 2011. N 169-FZ-collection of laws of the Russian Federation, 2011, N 27, art. 3880). 5-2. In the case referred to in paragraph 4 of part 5 of this article, copies of documents confirming the right to engage in activities (if in accordance with the legislation of the Russian Federation for their implementation permissions trebuûtsâspecial′nye) are not represented by the claimant, on the Inter-Ministerial request antitrust authority authorized organypredostavlâût data on takihrazrešenij (part 5-2 introduced by the Federal law dated July 1, 2011 N 169-FZ-collection of laws of the Russian Federation, 2011, N 27, art. 3880; in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 5-3. (Part 5-3 vvedenaFederal′nym Act of July 1, 2011 N 169-FZ-collection of laws of the Russian Federation, 2011, N 27, art. 3880; lost 6dekabrâ 2011 federal law N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343) 5-4. If the documents referred to in paragraphs 10 and 11 of part 5 of this article are not represented by the claimant, on the Inter-Ministerial request antitrust authority, the Central Bank of the Russian Federation and the implementing regulation on the financial services market, federal bodies of executive power are providing financial and economic and other reporting (information contained therein), the applicant or the person shares, property and (or) assets and (or) in respect of which the rights acquired (part 5-4 introduced by the Federal law dated July 1, 2011 N 169-FZ-collection of laws of the Russian Federation, 2011, N 27, art. 3880; in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 6. Application for consent to the merging of commercial organizations, adherence to the commercial organization of one or more business organizations, non-profit organizations merge, joining the nekommerčeskojorganizacii one or more non-profit organizations, the establishment of a commercial organization, or notice of such establishment shall be signed by the applicant and other involved in such merger, accession, or creating individuals and the notification of such merger or accession is signed only by the applicant. The claimant concurrently with these application iliuvedomleniem is the Antimonopoly authority referred to in paragraph 5 of this article documents and other information about participating in such a merger, accession or create faces (in red. The Federal law from December, 2011. N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 7. The Federal competition authority alleged submission form information provided by part 5 of this article.
8. If transaction Act require prior soglasiâantimonopol′nogo body or its subsequent notices on several grounds provided for in articles 27-29 and 31 of the present Federal law, such a transaction, an act subject to harmonisation under one application or one further notice (part 8 introduced by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601; in red. Federal law dated December 28, 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988). 9. Opostupivšem information at Antimonopoly authority application for consent to the transaction, other actions are posted on the official website of the competition authority in the field of information and telecommunications network "Internet".
Interested persons may submit to the competition authority for information about the impact on competition of such transaction status, other actions (part 9 introduced the Federal law of 5 oktâbrâ2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
10. persons referred to in paragraph 1 of this article may apply to the competition authority to inform about the upcoming transaction or otherwise action prior to application or notification to the competition authority. These persons have the right to submit to the competition authority the information and documents, as well as offer terms, which will be aimed at ensuring competition. When implementing its authority of State control over economic concentration the competition authority takes into account the submitted information and documents (part 10 introduced the Federal law of October 5, 2015 N 275-FZ-Sobraniezakonodatel′stva Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
Article 33. Adoption antimonopol′nymorganom decisions on extradition requests, rezul′tatamrassmotreniâ the competition authority to the person who submitted the notification requirements 1. Within thirty days from the date of receipt of the application provided for in article 32 of this federal law, the competition authority is obliged to examine the application isoobŝit′ the complainant in writing of the decision taken with ukazaniemmotivov (in red. Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601). 2. According to the results of the application of dačesoglasiâ on the implementation of the deal, inogodejstviâ, subject to State control, the competition authority adopts the following decision: 1) on udovletvoreniihodatajstva if the deal, otherwise
claimed in the application, would not lead to a restriction of competition;
2) on the extension of the application in connection with the necessity of its further review, as well as additional information for adoption under paragraphs 1, 3, 4 and 5 of this part of the decision porezul′tatam of the application if it is established that the alleged hodatajstvesdelka, action can lead to a restriction of competition, partially as a result of the emergence or strengthening of a dominant position (Group of people);
3 srokarassmotreniâ) on the extension of the application for consent to the merger of commercial entities and (or) non-commercial organizations, adherence to a commercial organization and (or) a non-profit organization one or more commercial organizations and/or non-profit organizations, the establishment of a commercial organization in the cases specified in article 27 hereof, either transaction under articles 28 and 29 of the present Federal′nogozakona, in connection with the determination of terms and conditions After the completion of which zaâvitelemi (or) other participating in such a merger, accession, creating, implementing the deal faces antitrust authority prinimaetrešenie on approval of the petition and the determination of the date of such conditions, which may not exceed nine months. These conditions are an integral part of the decision on extending the term of consideration of the petition (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
3-1), extending the srokarassmotreniâ motion in case the deal, an act claimed in the application, subject to prior agreement, in accordance with the Federal law of April 29, 2008 year N 57-FZ "on the order of osuŝestvleniâinostrannyh investments in business companies of strategic importance for ensuring the defence of the country and bezopasnostigosudarstva" (hereinafter referred to as the porâdkeosuŝestvleniâ federal law on foreign investments in business companies of strategic importance for ensuring the defence of the country and the security of the State ") prior to the decision in respect of such transaction, such other actions in accordance with the Federal law (paragraph 3-1 was introduced by the Federal law of November 8, 2008 N 195-FZ-Sobraniezakonodatel′stva Russian Federation, 2008, no. 45, art. 5141);
4) on approval of consent to the transaction, inogodejstviâ, referred to in articles 27-29 of this federal law and the simultaneous issuing to the applicant, and (or) individuals within the Group of persons, and (or) the railway body, shares, property, or rights in respect of aktivykotorogo which are purchased, and (or) generated person requirements pursuant to paragraph 2 of part 1 of article 23 of the Federal law on the implementation of the action aimed at ensuring competition in slučaeosuŝestvleniâ specified persons alleged in his petition deals, other actions (in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art.
7343);
5) to reject the application if the transaction is otherwise asserted in the petition would or could lead to a restriction of competition (including as a result of vozniknoveniâili strengthen the dominant position of the applicant or the dominant position of the person who will be created as a result of the implementation of the stated in the petition deals, other actions) or if, in the consideration of the documents submitted, the competition authority finds that the information contained in them and relevant to decision is false, or if the applicant is not represented on the petition available it wasand the requested competition authority information, failing which, it may be decided not on a restraint or restriction of competition on the obotsutstvii petition (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601);
6) refusal to udovletvoreniihodatajstva, if in respect of a transaction, an action claimed in the application, in accordance with the Federal law on the exercise of the economic society of foreigninvestment, of strategic importance to the defense of the country and the security of the State "decided to refuse their preliminary harmonization (para 6vveden federal law of November 8, 2008 N 195-FZ-collection of laws of the Russian Federation, 2008, no. 45, art. 5141). 3. Specified in part 1 of this article may be extended by the decision referred to in paragraph 2 of part 2 of this article, no more than two months. In the event of such election, the Antimonopoly authority on its official website in the information and Telecommunications Internet hosts information about the transaction, otherwise the action alleged vhodatajstve of consent to the transaction, other actions.
Interested persons may submit to the competition authority for information about the impact on the State of competition in such trades, other actions (as amended by the Federal law dated July 11, 2011 N 200-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 29, art. 4291).
4. the decision on the extension of the application referred to in paragraph 3 of part 2 of this article shall be taken by the competition authority in case the merger of commercial entities, prisoedineniek commercial organization one or more commercial organizations or the creation of a commercial organization would or could lead to a restriction of competition, including as a result of or position of the person usileniâdominiruûŝego (Group of people) that will be created as a result of the implementation of such actions.
5. In view of the competition terms and conditions referred to in paragraph 3 of part 2 of this article, including may contain: 1) the procedure for access to productive capacity, infrastructure or information, managed by the applicant, as well as other persons involved in the merger of commercial entities joining the commercial organization of one or more commercial organisations, the establishment of a commercial organization;
2) order granting to others the rights to ob″ektyohrany of industrial property administered by the claimant and other persons involved in the merger of commercial entities joining the commercial organization of one or more commercial organisations, the establishment of a commercial organization;
3) kzaâvitelû requirements, as well as other persons involved in the merger of commercial entities joining the commercial organization of one or more commercial organisations, the establishment of a commercial organization, on the transfer of property to another person, not a member of any group of persons with the specified by the applicant and (or) other persons on assignment of claims and (or) obâzatel′stvukazannyh of the applicant and (or) other persons to another person who is not a member of any group of persons with the specified by the applicant and (or) other persons;
4) requirements for the composition of the Group of persons to which the claimant belongs, as well as other persons involved in the merger of commercial entities, prisoedineniik commercial organization one or more commercial organisations, the establishment of a commercial organization.
6. After the fulfilment of the conditions specified in paragraph 3 of part 2 of this article, zaâvitel′predstavlâet in the Antimonopoly authority documents, execute podtverždaûŝieih. Within thirty days of receipt of these documents in case of confirmation of execution under totheir within the prescribed time limit of such conditions the competition authority takes a decision on approval of consent to the merging of commercial organizations, adherence to the commercial organization of one or more commercial organisations, the establishment of a commercial organization libona transaction under articles 28 and 29 of this federal law, otherwise-the decision to dismiss petition (as restated by federal law 6dekabrâ, 2011. N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343). 7. Under paragraph 4 of part 2 nastoâŝejstat′i resolution on approval of the application for consent to the transaction, other actions and about how extradition provisions shall be taken by the competition authority in the case claimed in this application transaction Act will lead or may lead to a restriction of competition (in red. Federal law dated July 17, 2009 N 164-FZ collection zakonodatel′stvaRossijskoj Federation, 2009, no. 29, art. 3601). 8. The competition authority's decision about consent for execution, inyhdejstvij shall terminate if such transactions, other actions have not been implemented for godas date of adoption of the decision.
9. Persons to whom article 31 of this Federal′nogozakona has the responsibility to notify the competition authority on the implementation of the deals, other acts subject to State control, doosuŝestvleniâ of such deals, other action has the right to submit a petition in lieu of notice about consent for their implementation of vantimonopol′nyj body that obâzanrassmotret′ the application in the manner prescribed by this article (as amended by the Federal law of December 28, 2013 N 423-FZ-collection of laws of the Russian Federation , 2013, N 52, art. 6988).
9-1. Entities having the intention to conclude an agreement on sovmestnojdeâtel′nosti, if total stoimost′ih assets does not exceed the dimensions referred to in paragraph 8 of part 1 of article 27 hereof, pending the conclusion of such agreements, shall have the right to submit an application for consent to the conclusion of the relevant agreement in the competition authority, which is obliged to examine the application in the manner prescribed by this article (part 9-1 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
10. In the case provided for in article 31 of this federal law deals, other actions have led or could lead to a restriction of competition, including as a result of the emergence or strengthening of a dominant position, the applicant business entity submitting the appropriate notification to the competition authority, iligruppa persons, which included the applicant, are obliged to carry out actions aimed at ensuring competition, predpisaniûantimonopol′nogo body, issued in accordance with article 23, paragraph 1 2časti of this federal law (as amended. Federal′nogozakona from December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art.
7343; Federal law dated December 28, 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988). 11. Competition Authority upon application by a person who, in the cases envisaged by this article granted an injunction, as well as on its own initiative, may review the content or order its execution due to significant circumstances, kotoryenastupili after it had been handed down and exclude the possibility of and (or) the appropriateness of the execution regulations in whole or in part. Ksuŝestvennym circumstances are changing grocery product market or geographic boundaries, the composition of the sellers or buyers, loss of economic entity a dominant position. Application for revision of the regulations must be examined by the competition authority within one mesâcaso the date of its receipt. Predpisaniâustanavlivaetsâ procedure for review by the competition authority. Changing regulations may not aggravate the situation of the person who issued such a requirement (part of the Federal law of December 6, 2011 11vvedena N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
Article 34. Posledstviânarušeniâ procedure for obtaining the prior consent of the Antimonopoly authority Republic deals, other actions, as well as porâdkapredstavleniâ in the Antimonopoly authority uvedomlenijob transactions, other podležaŝihgosudarstvennomu control 1. Commercial organization created without obtaining the prior consent of the antimonopol′nogoorgana, including the merger or attach commercial entities in the cases specified in article 27 hereof, liquidated or reorganized in the form of an allocation or Division of justiciability at the suit of the competition authority, if its creation has resulted or may result in a restriction of competition, including as a result of iliusileniâ dominance.
2. transactions referred to vstat′âh 28 and 29 of this federal law and carried out without obtaining the prior consent of the antitrust authority, shall be recognized as invalid by judicial procedure on the suit of the competition authority, if such transactions have led or could lead to a restriction of competition, including as a result of the emergence or strengthening of a dominant position.
3. (part 3 lost effect on the grounds of Federal′nogozakona from December 28, 2013 N 423-FZ-collection of laws of the Russian Federation, 2013, no. 52, art. 6988) 4. Transactions, other actions referred to in article 31 of this federal law and carried out in violation of the order notification to the competition authority, recognized the justiciability of the nedejstvitel′nymiv at the suit of the competition authority, if such transactions, other dejstviâpriveli or can lead to a restriction of competition, including as a result of the emergence or strengthening of a dominant position (as amended by the Federal law of December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343; Federal law dated December 28, 2013 N 423-FZ-Sobraniezakonodatel′stva Russian Federation, 2013, N 52, art. 6988). 5. Failure to comply with the requirements of the competition authority, which issued in the manner provided for in paragraph 4 of part 2 of article 33 of the present Federal′nogozakona, dlâpriznaniâ is the basis of the relevant transactions in the justiciability of the finding of the competition authority.
6. Neispolneniepredpisaniâ of the competition authority, which issued in the manner provided for in article 33 of this federal law, other violation of the requirements of articles 27-29, 31i 32 hereof, along with the consequences referred to in this article shall entail the liability in the cases established by the legislation of the Russian Federation on administrative offences (in red. Federal law dated December 28, 2013 N 423-FZ-Sobraniezakonodatel′stva Russian Federation, 2013, N 52, art. 6988). Article 35. State control for restricting konkurenciûsoglašeniâmi economic entities 1. Entities having the intention to reach an agreement that can be accepted in accordance with this federal law, shall be entitled to apply to the competition authority a statement concerning verification of conformity of the draft agreement in writing the requirements of antimonopoly legislation.
2. Together with the statement of the entities that have the intention to reach an agreement, submit to the competition authority documents and information in accordance with the list approved by the Federal competition authority.
3. during the tridcatidnej with the date of receipt of all necessary for consideration of the documents and information the competition authority takes a decision on the conformity or non-conformity of the draft agreement in writing the requirements of antimonopoly legislation.
3-1. slučaepredstavleniâ not fully required for reviewing the application documents and information statement is considered unrepresented, the čemantimonopol′nyj authority within ten days from the date of receipt of the application, notify the applicant. When the period of storage of the documents submitted, the competition authority in tečeniekotorogo the complainant has the right to recover them is fourteen days from the date of receipt of the notification by the claimant (part 3-1 introduced by the Federal law of December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343). 4. The grounds for the decision of non-conformity of the draft agreement in writing the requirements of antitrust law are: 1) naličieuslovij stipulated by provisions 1 article 11 -4 this Federal′nogozakona, in the absence of osnovanijdlâ recognition of the draft agreement is valid in accordance with article 12 or 13 of this federal law (as amended. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
2) inaccuracy of information contained in the documents and other information submitted by the economic entity and of relevance to decision-making;
3) (item 3 of the Act of December 6, 2011 utratilFederal′nogo N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) 5. In the caseneed period the consideration specified in part 1 of this article may be extended by the competition authority, but not more than twenty days. The competition authority informs the applicant in writing of the extension of the term of consideration of a statement explaining the reasons for the extension.
6. the decision of the competition authority on the conformity of the draft agreement in writing the requirements of Antimonopoly Law ceases to have effect, if the soglašeniene is achieved within one year from the date of adoption of that decision.
7. Antimonopol′nyjorgan, together with the decision on the conformity of draft agreement vpis′mennoj the form requirements of Antimonopoly Law has the right to issue the parties to the agreement, aimed at ensuring competition.
8. The Antimonopoly authority may revoke a decision on the conformity of the draft agreement in writing the requirements of antitrust law if: 1) after the decision established that prirassmotrenii statements of an entity that has the intention to reach an agreement have been submitted inaccurate information;
2) business entities that have the intention to reach an agreement, fails requirement antimonopol′nogoorgana provided for under paragraph 7 of this article;
3) izmenilis′usloviâ, giving rise to the acceptance of the draft agreement is valid in accordance with article 12 hereof ili13 (item 3 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 9. Hozâjstvuûŝiesub″ekty, concluded an agreement on the basis of the decision of the competition authority on the conformity of the project soglašeniâv the writing requirements of antimonopoly legislation
to stop such an agreement within one month of the receipt of any ofthem adopted by the competition authority in accordance with paragraph 3 of part 8 of this article, for exceptional reasons for rescission of the decision on the conformity of the draft agreement in writing the requirements of antimonopoly legislation.
Decision of the competition authority for rescission of the decision on the conformity of the draft agreement in writing the requirements of antimonopoly legislation can be taken in the event of a change in the proportion of participants to the agreement on the commodity market, as well as in the event of failure by the parties to the agreement's terms and conditions (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
10. (part 10 of the Act of December 6, 2011 utratilaFederal′nogo N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) 11. (Part 11 has lost its federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) 12. (Part 12 of the Act of December 6, 2011 utratilaFederal′nogo N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) Chapter 8. Responsibility for violation of the Antimonopoly Law Article 36. Obligatoriness of execution, and the requirements of the competition authority Kommerčeskieorganizacii and non-profit organizations (officials), federal bodies of executive power (the officials), executive bodies of the constituent entities of the Russian Federation (the officials), local authorities (officials), exercising the functions of these bodies organyili Organization (officials), as well as the State budget funds (officials), natural persons, including individual entrepreneurs, are obliged to carry out decisions and regulations of the competition authority in such decisions and regulations established term.
Article 37. Liability for violation of the antitrust laws 1. For law narušenieantimonopol′nogo officials of federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, officials at other performing functions of these bodies bodies or organizations, as well as officials of the State non-budgetary funds, commercial and non-commercial organizations and their officials, natural persons, including individual entrepreneurs, bear responsibility stipulated by the legislation of the Russian Federation.
2. the involvement of kotvetstvennosti persons referred to in paragraph 1 of this article shall not exempt them from the obligation to execute the decisions and orders of the competition authority, to submit to the competition organhodatajstva or notifications for consideration or otherwise provided by Antimonopoly Law actions.
3. persons whose rights and interests have been violated as a result of a violation of antitrust laws, vpraveobratit′sâ in the prescribed manner to the Court, the Court of arbitration claims, including claims for restoration of narušennyhprav, damages, including lost profits, compensation for harm caused to property (part 3 introduced the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art.
7343). Article 38. forcible separation or kommerčeskihorganizacij, as well as non-profit organizations, prinosâŝuûim income 1. In slučaesistematičeskogo implementation of monopolistic activity a dominant commercial organization and takženekommerčeskoj agri ejdohod-generating activities, the Court at the suit of the Antimonopoly authority (in respect to financial institution controlled by the Central Bank of the Russian Federation, at the suit of the competition authority in consultation with the Central Bank of the Russianfederation) may decide on the forced separation of such organizations or to the decision on the allocation of their composition of one or more organizations. Created as a result of the forced separation of organization may not belong to one group of individuals (as amended by the Federal law dated July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, N 30, art. 4084). 2. The Court's decision on the involuntary separation of a commercial organization or a selection from the commercial organizaciiodnoj or more commercial organizations was adopted with a view to the development of competition, if you are in the sovokupnostisleduûŝie conditions: 1) there is a possibility to segregate the structural units of a commercial organization;
2) there is no relationship of structural subdivisions of the technology driven business organization (in particular, thirty percent or less of the total volume of proizvodimojstrukturnym unit of production, works performed, services consumed by other structural units of the ètojkommerčeskoj organization);
3) there is a possibility of independent activity on the relevant product market for companies as a result of the reorganization.
3. the decision of the Court on the forced separation of commercial organization or allocation of the whole commercial organization one or more commercial organizations, as well as on such division or allocation in respect of a non-profit organization, carrying out her income-generating activities, shall be executed by the owner or its authorized body taking into account the requirements of decision predusmotrennyhukazannym, and in time, that is identified by the specified solution and may not be less than six months.
Chapter 9. Rassmotreniedel of antitrust, article 39. Osnovaniâdlâ a prima facie case of violation of the Antimonopoly Law, venue, as well as posledstviâvyâvleniâ priznakovadministrativnogo offences in rassmotreniidela 1 of antitrust. The competition authority within the limits of their powers, excites and hears cases relating to the violation of the Antimonopoly Law, prinimaetpo the results of their consideration of a decision and issue regulations.
2. dlâvozbuždeniâ and the consideration of the case by the competition authority of antitrust is to: 1) entry from State authorities, self-government organovmestnogo materials, indicating the presence of signs of violations of the Antimonopoly Law (hereinafter referred to as the materials);
2) zaâvlenieûridičeskogo or individual indicating violations of the Antimonopoly Law (hereinafter referred to as the Declaration) (as amended by the Federal law of December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343);
3) detection of the competition authority signs antitrust violations;
4) message to the media indicating signs of violations of antitrust laws;
5) the result of the test, which revealed signs of antitrust violations by commercial entities, non-profit organizations, the Executive power federal′nymiorganami organamigosudarstvennoj power of subjects of the Russian Federation, bodies of local self-government, in other operating functions of these bodies bodies or organizations, State non-budgetary funds (item 5 was introduced by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601; harm.
Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 3. Case on violation of the Antimonopoly zakonodatel′stvamožet considered the competition authority at the place of Commission of the breach or by location or mestužitel′stva persons in respect of whom served a statement or material. The Federal competition authority may consider the matter regardless of mestasoveršeniâ violations or the location or place of residence of the person for whom the statement is served or materials (as amended by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601).
4. the rules of the competition authority transfer applications, materials, antitrust cases for consideration to another competition authority are established by the Federal competition authority.
5. If the hoderassmotreniâ the case of antitrust competition authority identify circumstances indicating the presence of administrative offence, the competition authority initiated a case concerning an administrative offence, in the manner prescribed by the legislation of the Russian Federation on administrative offences.
Article 39-1. Predupreždenieo cessation of actions (inaction), which contain signs of narušeniâantimonopol′nogo legislation 1. In order to presečeniâdejstvij (inaction) that lead or could lead to prevent, control, eliminate competition, the competition authority issues a railway body,
occupying a dominant position, warning in writing of the cessation of actions (inaction), which contain signs of antitrust violations, obustranenii causes and conditions contributing to the emergence of such a breach, and the adoption of measures to eliminate the consequences of such violations (hereinafter-warning).
2. Warning the railway body, occupying a dominant position, in case of detection of signs of violations of paragraphs 3 and 5 of part 1 of article 10 hereof. Adoption of decisions by the competition authority of vozbuždeniidela on violation of paragraphs 3 and 5 of part 1 of article 10 of the law of nastoâŝegoFederal′nogo without issuing a warning and before the end of its run is not allowed.
3. issuance of warnings during the consideration of the case on violation of the Antimonopoly Law is carried out by the Commission for the review of the case on violation of the Antimonopoly Law in case when considering such a case violations are established items 3 and 5 of part 1 of article 10 of this federal law, which were not known at the time of the institution of such proceedings.
4. Predupreždeniedolžno contain: 1) conclusions about naličiiosnovanij for its issuance;
2) normyantimonopol′nogo legislation which contravened actions (inaction) of a person who is issued a warning;
3) perečen′dejstvij to end violations of antitrust laws, the Elimination of causes and conditions contributing to the emergence of such a violation, the Elimination of the consequences of such violations, as well as a reasonable period for their implementation.
5. Predupreždeniepodležit binding consideration of the person to whom it is issued, within the period specified in the notice. Prevention performance term shall not be less than ten days. On a reasoned request of the person who issued the warning, and when there are sufficient grounds to believe that the prescribed time limit warning cannot be performed, the specified term may be extended by the competition authority.
6. The competition authority for execution of warning must be notified within three days from the date of expiry of the deadline set for his execution.
7. subject to the fulfilment of the prevention of antitrust case not instituted and the person honouring a warning is not subject to administrative liability for violation of the antitrust laws in connection with its removal.
8. failure warning within the prescribed time limit if there is evidence of violation of antitrust laws, the competition authority decides to initiate a case on violation of the Antimonopoly Law.
9. Procedure for issuing warnings and its form are approved by the Federal competition authority.
(Art. 39-1 introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) article 40. Porassmotreniû Commission antitrust cases 1. For rassmotreniâkaždogo case on violation of the Antimonopoly Law creates the competition authority in the manner prescribed by this federal law, the Commission on the review of the case on violation of antimonopol′nogozakonodatel′stva (hereinafter also referred to as the Commission). The Board acts on behalf of the competition authority. The composition of the Commission and its Chairman are approved by the Antimonopoly authority.
2. The Commission shall be composed of employees of the Antimonopoly authority.
The Chairman of the Commission may be the head of the competition authority, his Deputy, or the head of the Federal Antimonopoly body strukturnogopodrazdeleniâ. The number of members of komissiine should be less than three. Replacement of a member of the Commission is carried out on the basis of a reasoned decision of the Antimonopoly authority (in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russianfederation, 2011, N 50, art. 7343). 3. When reviewing the case on violation of the Antimonopoly Law of credit organizations, operators of payment systems payment infrastructure services operators in carrying out their activities in accordance with the Federal law on the national payment system, as well as in other finansovymiorganizaciâmi, podnadzornymiCentral′nomu Bank of the Russian Federation, he Commission shall include representatives of the Central Bank of the Russian Federation, which accounted for half of the members of the Commission (as amended by the Federal law dated June 27, 2011 N 162-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 27, art. 3873; Federal law dated December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343; Federal law dated July 23, 2013 N 251-FZ collection zakonodatel′stvaRossijskoj Federation, 2013, N 30, art.
4084). 4. (Part 4 repealed based on Federal′nogozakona of July 23, 2013 N 251-FZ-collection of laws of the Russian Federation, 2013, N 30, art. 4084) 5. Number of members (including the Chairman) commissions to review antitrust cases referred to in paragraphs 3 and 4 of this article, must be an even number.
6. the Commission is empowered to consider the case on violation of the Antimonopoly Law, if present at a meeting of the Commission not less than fifty per cent of the total number of members of the Commission, but not less than three members of the Commission.
6-1. In case of absence of quorum for the consideration of the case on violation of the Antimonopoly Law present at the meeting, members of the Commission shall take a decision on the continuance of this case and the appointment of new egorassmotreniâ date issued (part 6-1 introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
7. Issues arising in the case of antitrust Commission, members of the Commission are resolved by a majority vote. In case of equality of votes the Chairman of the Commission âvlâetsârešaûŝim. The members of the Commission shall not have the right to abstain from voting. The Chairman of the Commission shall vote last.
Article 41. Acts adopted by the Commission 1. The Commission accepts the warning, determine solutions, prescriptions (in red. Federal′nogozakona from December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343). 2. On okončaniirassmotreniâ of antitrust cases, the Commission shall decide at its meeting.
The Commission's decision shall be in the form of a document, signed by the Chairman of the Commission and all the members of the Commission present at the meeting of the Commission. Member of the Commission is not satisfied with the decision of the Commission, adopted by the Commission obâzanpodpisat′ Act and has the right to express in writing the dissenting opinion, which is attached to the case file in a sealed envelope and is not disclosed. The Commission's decision should be made in a single copy in the case file ipriobŝeno (in red. Federal′nogozakona from December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343). 3. In case of violation of antimonopoly legislation contains: 1) conclusions about the presence or absence of reasons for termination of proceedings;
2) conclusions on the presence or absence of antitrust violations in the actions (inaction) of the defendant in the case;
3) conclusions on the presence of iliob there are no grounds for issuing regulations and list of actions included in the prescription and to run;
4) conclusions about the presence or absence of the grounds for the adoption of other measures by the competition authority to suppress and/or eliminate the consequences of the violation of antimonopoly legislation, ensure competition (including grounds for recourse lawsuit in court for transfer of materials in pravoohranitel′nyeorgany, to State authorities or organs of local self-government of recommendations on the implementation of actions aimed at ensuring competition);
5) conclusions on matters of antitrust, sdelannyena the basis of circumstances established during the analysis of the competition the competition authority, except in cases for which such a analizane is required (paragraph 5 was introduced by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601).
3-1. The chapeau of the decision on the violation of antimonopoly legislation contains the name of the competition authority, the Commission had considered the case, the case number, the date of the oglašeniârezolûtivnoj part of the decision, the date of production decisions in full, place the decision, the subject of the considered matter, the names of the persons involved in the case, the names of the persons who were present at the meeting of the Commission, indicating their powers (part 3-1 introduced by the Federal law dated 5 oktâbrâ2015 N 275-FZ-collection of laws of the Russian Federation , 2015, N 41, art. 5629, comes into effect from January 5, 2016).
3-2. the narrative of the case on violation of the Antimonopoly Law shall contain a brief statement of the claimed requirements (if the case was initiated based on the results of the examination of the application), objections, explanations,
statements and hodatajstvlic involved in the case (part 3-2vvedena the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
3-3. In the preamble to decision on violation of the Antimonopoly Law should be indicated: 1) documentary and other facts established by the Commission, including the circumstances established in the course of the competition authority, sostoâniâkonkurencii analysis and circumstances established during inspections for compliance with antimonopoly legislation;
2) the evidence on which the conclusions are based on the circumstances of the case and the arguments in favour of the decision, the reasons for which the Commission rejected those or other evidence, accepted or rejected cited in support of their claims and defences of the arguments of those involved in the case;
3) laws and other regulatory legal acts, which have guided the Commission in making a decision.
(Part 3-3 of the Act of October 5, 2015 vvedenaFederal′nym N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 years) 3-4. Operative part of the decision on the case on violation of the Antimonopoly Law must contain: 1) conclusions about the presence or absence of reasons for termination of proceedings;
2) conclusions on the presence or absence of antitrust violations in the actions (inaction) of the defendant in the case;
3) conclusions on the presence of iliob there are no grounds for issuing regulations and list of actions included in the prescription and to run;
4) conclusions on the presence of iliob there are no grounds for the adoption of other measures by the competition authority to suppress and/or eliminate the consequences of the violation of antimonopoly legislation, ensure competition (including grounds for legal action to transfer materials to law enforcement bodies for State bodies or bodies of local self-government of recommendations on the implementation of actions aimed at ensuring competition).
(Part 3-4 vvedenaFederal′nym Act of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) 4. On the basis of the decision of the Board shall issue a precept.
Injunction is issued as a separate document for each person to whom certain actions in decision nadležitosuŝestvit′ established the prescription period shall be signed by the Chairman of the Commission and members of the Commission present at zasedaniikomissii.
5. In the cases referred to in this chapter, the Chairman of the Commission or the Commission shall determine. Determination is issued as a separate document, to be signed by the Chairman of the Commission and members of the Commission, and shall be communicated to the persons participating in the case as well as other persons in the cases specified in this chapter.
6. Forms adopted by the Commission acts utverždaûtsâfederal′nym competition authority.
7. the acts referred to in this article, can subscribe reinforced qualified electronic signature of the Chairman of the Commission and members of the Commission (part 7 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
Article 41-1. Srokidavnosti consideration of the case about the antitrust case on narušeniiantimonopol′nogo legislation may be brought and shall be subject to termination insituted after three years from the date of Commission of the breach of antitrust laws, and with the continuing antitrust-from the date of the end of the infringement or its detection.
(Article 41-1 of the Act of July 17, 2009 vvedenaFederal′nym N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) article 42. Persons involved in the violation of antimonopoly legislation 1. Persons participating in the case of narušeniiantimonopol′nogo legislation are: 1) the applicant is the person who filed the Declaration, a State body, local government body, sending materials;
2) the respondent in the case-a person in respect of whom the application is made, directed materials or actions (inaction) of which the competition authority uncovered violations of antitrust laws. These individuals recognized the defendants of violating antitrust zakonodatel′stvas the moment of institution of proceedings;
3) zainteresovannyelica-persons whose rights and lawful interests in connection with the consideration of the case on violation of the Antimonopoly Law.
2. In the case of violation of the Antimonopoly Law, persons participating in case shall have the right to osuŝestvlât′svoi rights and obligations independently or through a representative.
3. If in the case of the narušeniiantimonopol′nogo legislation, the Commission determines that violations of antitrust law are contained in the actions (inaction) of a person than a defendant in the case, komissiâprivlekaet that person as a defendant in the case. If the Commission has not found evidence that the actions of one of the defendants in the case of appearance of a violation of the Antimonopoly Law, the Commission shall issue a ruling on termination of participation such respondent in rassmotreniidela. Copy the definitions on termination of participation of the respondent in the case in the case shall be immediately sent to the persons participating in the case.
4. the Commission prirassmotrenii a case on violation of the Antimonopoly Law has the right to involve experts, translators and interpreters, as well as persons who have information about the circumstances before the Commission. Experts, translators and interpreters, as well as persons who have information about the circumstances before the Commission, neâvlâûtsâ persons participating in the case. About attracting experts, translators, as well as persons with information about rassmatrivaemyhkomissiej circumstances to the case the Commission makes opredeleniei send them a copy of such determination within three days from the moment of its adoption (part 4 lose force on January 5, 2015 Godana under federal law from October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art.
5629). Article 42-1. Other persons involved in a case of narušeniiantimonopol′nogo legislation 1. In the case of antitrust, the Commission may, at the request of the persons involved in the case, or on its own initiative, to involve experts, translators, as well as persons who have information about the circumstances before the Commission. Experts, translators and interpreters, as well as persons who have information about the circumstances before the Commission are persons participating in the case.
2. An expert contracted by the Commission when reviewing the case on violation of the Antimonopoly Law, a person possessing expertise on the issues of the case.
3. Kandidaturyèkspertov and the range of issues on which expert opinion is required, are determined by the Board. When you assign the examination persons participating in case shall have the right to propose the Commission experts and expert organizations, as well as the range of issues requiring findings of expert.
4. In the case of oplatyuslug experts and translators from the federal budget, the selection of such persons shall be in accordance with the Federal law of April 5, 2013 year N 44-ФЗ "about the contract system in the area of procurement of goods, works and services for public and municipal needs."
5. the expert with the permission of the Commission shall have the right to acquaint themselves with the case materials, to take part in the meeting of the Commission, to petition for additional materials.
6. the expert vpraveotkazat′sâ from giving opinions on matters beyond his expertise, as well as if the materials provided are insufficient to give an opinion.
7. For obviously falsified findings the expert shall bear responsibility stipulated by the legislation of the Russian Federation.
8. On the involvement of experts, translators, as well as persons who have information about the circumstances before the Commission, to consider the case the Commission makes opredeleniei send them a copy of such determination within three days from the date of its issuance.
9. persons participating in case of violation of the Antimonopoly Law, the right to challenge the expert, if there are any circumstances which could cause doubts to his/her impartiality. The decision on the challenge shall be taken by the Commission, which attracted to participate in the case of antitrust expert, in respect of which the challenged. Of the decision, the Commission shall determine. Statement about the repeated rejection of the expert is subject to abandonment without considering if this expert on the same grounds was previously challenged, decided by the Commission.
(Article 42-1 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 42-2. Otvodyčlenov the Commission on the consideration of the case of narušeniiantimonopol′nogo legislation
1. a member of the Commission may participate in the proceedings on violation of the Antimonopoly Law and is subject to withdrawal if the Member of the Commission, you have a personal interest in the performance of official duties, which can lead to a conflict of interest.
2. disqualification may byt′zaâvlen persons participating in case of violation of antitrust laws.
3. A decision shall be adopted by the Commission on obotvode cases on violation of the Antimonopoly Law, of which the officer in respect of whom challenged. Of the decision, the Commission shall determine. Statement on the disqualification of a member of the Commission shall be subject to the abandonment without consideration, if in respect of the Member of the Commission on the same grounds was previously challenged, decided by the Commission.
(Article 42-2 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 43. Andresponsibilities rights of persons participating in the case concerning the narušeniiantimonopol′nogo legislation (name of harm. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) 1. Since a prima facie case of violation of antitrust laws, a person involved in the case have the right to acquaint themselves with the case materials, make extracts from them, to submit evidence and to acquaint themselves with the evidence, ask questions of other persons participating in the case zaâvlât′hodatajstva, give an explanation in writing or orally to the Commission, their arguments have any questions during the consideration of the issues, get acquainted with the motions of others involved in the case , oppose motions arguments others involved vdele (in red. Federal zakonaot December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art.
7343). 2. Persons participating in the case vdele have the right in writing, as well as by means of audio record its consideration. If in the case of disclosed information constituting secret protected by the law, the Chairman of the Commission is entitled to adopt a decision prohibiting conduct of persons participating in the case, fixing the case (part 2 is introduced by the Federal law of 6dekabrâ 2011, 2011. N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343). 3. Photography, video recording of proceedings, broadcast on radio and television for the consideration of the case are allowed with the permission of the Chairman of the Commission (part 3 introduced the Federal law of December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343).
4. Persons participating in case shall be obliged to use their rights in good faith in the case of (a part of the Federal law of December 6, 2011 4vvedena N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). Article 44. Rassmotreniezaâvleniâ materials and vozbuždeniedela 1 of antitrust. Statement of the podaetsâv writing to the competition authority and must contain the following information: 1) information about the applicant (name, surname and address of the place of residence for individuals; name and location of the legal person);
2) applicant's available information about the person for whom the application is made;
3) description narušeniâantimonopol′nogo law;
4) creature requirements with which the claimant is reversed;
5) list of prilagaemyhdokumentov.
2. the application shall be attached documents showing signs of violations of the Antimonopoly Law (hereinafter documents). In case of impossibility of submitting documents indicates the reason for the impossibility of their views, as well as the anticipated person or body, at which documents may be obtained.
3. In the case of otsutstviâv statement or material information that is provided by paragraphs 1 and 2 of this article, the competition authority leaves statement or material without consideration of what notifies the applicant in writing within ten working days of their receipt.
4. Antimonopol′nyjorgan examines the application or materials within one month from the date of their submission. In case of failure or absence of evidence to the Antimonopoly authority to conclude the presence or absence of violations of antitrust law, antitrust authority for the collection and analysis of additional evidence is entitled to extend the term of consideration of the application or of the materials, but not boleečem for two months. Consideration of an application for an extension of time or materials the Antimonopoly Authority notifies the applicant in writing.
5. during its consideration of the statement or material the competition authority: 1) determines whether the application or materials within its competence;
2) establishes the existence of violations of antitrust laws, and determines the rules that shall apply.
6. During its consideration of the statement or material the competition authority has the right to request from kommerčeskihorganizacij and not-for-profit organizations, their officials, federal executive authorities, their officials, bodies of State power of the constituent entities of the Russian Federation, their officers, organovmestnogo self-government, their officials and other performing functions of these bodies bodies or organizations, their officials, as well as State non-budgetary funds, their officers, fizičeskihlic, including individual entrepreneurs subject to the requirements of legislation of the Russian Federation on State secrets, banking secrecy, commercial secrecy or ohranâemojzakonom on other secret documents, information, explanations in writing or ustnojforme, related to the circumstances set out in the statement or material.
7. during its consideration of the statement, materials, indicating the presence of signs of violations of article 10 hereof, the antimonopol′nyjorgan establishes the existence of a dominant position of an entity in respect of which fed these statement, materials, unless the competition authority takes a decision to dismiss the case on violation of the Antimonopoly Law on grounds stipulated in part 9 of this article.
8. based on the results of the examination of the application, the material the competition authority shall take one of the following decisions: 1) instituting proceedings on violation of the antimonopoly legislation;
2) refusal vvozbuždenii case on violation of the Antimonopoly Law;
3) of vydačepredupreždeniâ, in accordance with article 39-1 of this Federal′nogozakona (item 3 was introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
9. The Antimonopoly authority decides to dismiss the case in the following cases: 1) issues identified in the statement, materials, neotnosâtsâ within the purview of the competition authority;
2) violations of the antimonopoly legislation;
3) in fact, âvivšemusâosnovaniem for the treatment of a statement, materials, case was filed earlier;
4) in fact, âvivšemusâosnovaniem for the treatment of materials, a statement there is an enforceable decision by the antitrust authority, unless there is a decision of the competition authority to dismiss the case on violation of the Antimonopoly Law in accordance with paragraph 2 of this part or a decision to discontinue the proceedings in accordance with paragraph 2 of part 1 of article 48 of this federal law and the applicant submits proof of a violation of the Antimonopoly Law unknown to the Antimonopoly authority at the time of the adoption of such a decision;
5) in fact, âvivšemusâosnovaniem for the treatment of materials, a statement srokidavnosti expired, provided for in article 41-1 of this federal law;
6) no violation of Antitrust actions zakonodatel′stvav face, otnošeniikotorogo filed a statement, materials, established by a final decision of a court or arbitral tribunal;
7) eliminated signs of antitrust violations as a result of the implementation of the warning, issued in accordance with article 39-1 hereof.
10. the decision to dismiss the case on violation of the Antimonopoly Law competition authority shall send to the applicant within the period stipulated in part 3 of this article, the reasons for that decision.
11. adoption of the decisions on the results of rassmotreniâzaâvleniâ, materials may be delayed in case of being under consideration of the anti-monopoly authority, Court of arbitration, law enforcement another case, conclusions which will have an impact on the results of the examination of the application, pending the adoption and entry into force of the relevant decision by the case, as the competition authority uvedomlâetv in writing to the applicant.
12. In the event of a decision to initiate a case on antitrust competition authority publishes
order instituting proceedings and the establishment of the Commission. Takogoprikaza copy shall be sent to the applicant and the respondent in the case within three days from the date of issuance of such an order.
13. Within fifteen days from the date of publication of the order instituting proceedings on violation of the Antimonopoly Law and the establishment of the Commission, the Chairman of the Commission made a determination on the appointment of a case for review and shall provide copies to the definition of the persons participating in the case.
14. determination of onaznačenii a case on violation of the Antimonopoly Law to review must contain: 1) information on persons involved in the proceedings;
2) Foundation, served as a pretext for instituting proceedings;
3) opisanievyâvlennyh appearance of a violation of the antitrust laws, evidence, facts and other circumstances that indicate their availability;
4) information about the date, time and place of meetings of the Commission.
(Part 14 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) 15. In determining the assignment of cases on violation of the Antimonopoly Law to review can also contain the requirement for persons taking vdele, explanations, documents and information required for the consideration of the case, within the prescribed period (part 15 introduced the Federal zakonomot October 5, 2015 N 275-FZ collection zakonodatel′stvaRossijskoj Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
(Article 44 as amended. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) article 45. Rassmotreniedela 1 of antitrust. The antitrust case is considered by the Commission within a period not exceeding three months from the date of the determination, on the appointment of a case for review. In cases involving the need to obtain additional information by the competition authority, as well as in cases established by this chapter, the specified period of time for consideration of the case can be extended by the Commission, but not more than six months. On the extension of the term of consideration of the case, the Commission shall determine and shall provide copies of this definition persons participating in the case.
2. consideration of the case on violation of the Antimonopoly Law is carried out at the Commission meeting. Persons participating in the case, shouldbe advised of the time and place of its consideration. In case of non-appearance at a meeting of the Commission of persons involved in the case and properly izveŝennyh about the time and place for the consideration of the case, the Commission was entitled to consider the case in their absence. Hoderassmotreniâ case are conducted in minutes signed by the Chairman of the Commission. The Commission is empowered to conduct record or audio stenografičeskuû their meetings, and it should be marked in the Protocol on the use of technical means of recording meetings of the Commission.
2-1. pohodatajstvu Commission of persons involved in the case, as well as on its own initiative, may decide to consider the case on violation of the Antimonopoly Law by use of video-conferencing if technically possible implementation of video-conferencing. How to use video-conferencing with rassmotreniidela of antitrust is set by the Federal Antimonopoly body (part 2-1 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
3. Predsedatel′komissii: 1) opens zasedaniekomissii;
2) announces sostavkomissii;
3) announces, kakoedelo, is subject to review at the Commission's meeting turnout checks of persons involved in the case, checks their credentials, sets, properly informed person not appearing at the meeting, and whether information about the causes of ihneâvki;
4) clarifies the issue ovozmožnosti consideration of the case;
5) raz″âsnâetlicam participating in the case, their rights, determines the sequence of actions in a case;
6) leads the meeting Commission, provides the conditions for comprehensive and complete examination of evidence and the circumstances of the case, provides a review of applications and petitions of persons involved in the case;
7) takes measures to ensure the proper order at a meeting of the Commission;
8) read out zaklûčenieob the circumstances of the case (paragraph 8 was introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
3-1. examination of case on violation of the Antimonopoly Law is carried out in open court. Consideration of cases on violation of the Antimonopoly Law in closed meeting allowed if consideration of the delav public meeting could lead to the disclosure of State secrets, or in the case of the need to maintain commercial, professional or other secrets protected by the law, including application person participating in the violation of antimonopoly legislation and referencing such a need. Features of consideration in closed meeting antitrust delao, materials which contain information constituting a State secret shall be established by the Federal Antimonopoly body posoglasovaniû with the Federal Executive authority authorized in the security field. On the consideration of the case on violation of the Antimonopoly Law in a closed meeting, the Commission shall determine (part 3-1 introduced by the Federal law of October 5, 2015 N 275-FZ-Sobraniezakonodatel′stva Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
3-2. In the case of antitrust in the closed meeting, there are persons participating in the case ihpredstaviteli, where appropriate, by decision of the Commission of experts, interpreters are present, as well as persons who have information about the circumstances before the Commission (part 3-2 introduced by federal law 5oktâbrâ, 2015. N 275-FZ collection zakonodatel′stvaRossijskoj Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
3-3. The materials of the case on violation of the Antimonopoly Law, containing information constituting State, commercial, official or other secret protected by the law, are generated and stored in accordance with the law of the Russian Federation strebovaniâmi in a separate volume (part 3-3 introduced the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art.
5629, comes into effect from January 5, 2016).
3-4. The disclosure of individuals involved in the case, their representatives, experts, perevodčikamisvedenij, State, commercial, official or other secret protected by the law shall entail liability in accordance with the legislation of the Russian Federation (part 3-4 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
4. at zasedaniikomissii: 1) are heard by persons involved in the case;
2) iobsuždaûtsâ heard petitions are accepted by them, which should be reflected in the minutes of the meeting;
3) issleduûtsâdokazatel′stva;
4) mneniâi heard explanations of persons participating in a case regarding evidence provided by persons participating in the case;
5) iobsuždaûtsâ heard the opinions of the experts engaged to give opinions;
6) shall be heard by the persons in possession of information about the circumstances of the case;
7) by hodatajstvulic, involved in the case, or on the initiative of the Commission discusses the rationale behind and the necessity of recess, vzasedanii about deferment, to suspend consideration of the case.
5. In the case of antitrust, the Commission may ask the persons involved in the case, documents, information and explanations in writing or ustnojforme on questions arising out of the entrance examination of the case, the participation of the others.
5-1. the case of antitrust competition authority undertakes an analysis of the status of competition to the extent necessary to make a decision about the presence or absence of violation of the Antimonopoly Law (part 5-1 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
6. After investigating evidence of antitrust, outlining the positions of the persons involved in the case, expert opinions, provedeniâoprosa persons with information about the circumstances before the Commission, the Chairman of the Commission is announcing the end of the case and requests of persons involved, vdele and others leave for adoption by the Commission of the decision.
Article 45-1. Evidence and proof in case of violation of antimonopoly legislation 1. Under the dokazatel′stvamipo the case on violation of the Antimonopoly Law refers to information concerning facts, obtained
established by this federal law and on the basis of which the Commission determined that there were no violations of the Antimonopoly Law, the validity of the arguments of persons involved in the case, as well as other circumstances of importance for the full and comprehensive review of the case.
2. each person involved in the case must disclose evidence to which it refers as the basis of their claims and objections before others involved vdele, within the time limit set by the Commission.
3. As evidence of antitrust allowed written evidence and physical evidence, explanations of persons involved in the case, an explanation of how individuals with information about the circumstances of the conclusion of the Commission of experts, audio and video records, other documents and materials.
4. Written evidence in the case on violation of the Antimonopoly Law are containing information about the circumstances of relevance to the proceedings, acts, treaties, certificates, correspondence and other documents and materials that are made in the form of digital graphics, including records obtained by means of a facsimile, electronic or other communication, making copies of the electronic media, or otherwise allowing ascertain the veracity of the document means. The written evidence also includes the results of the analysis of the State of competition, conducted in the manner prescribed by the Federal competition authority.
5. Physical evidence in the case of antitrust are items that, by their appearance, properties, location or inympriznakam can serve as a means of establishing the circumstances relevant to the consideration of the case.
(Article 45-1 vvedenaFederal′nym Act of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 45-2. Porâdokdostupa of persons participating in the case concerning the narušeniiantimonopol′nogo legislation kmaterialam case containing commercial secret 1. Persons involved in the violation of antimonopoly legislation, shall have the right to acquaint themselves with the statements, objections, explanations and other materials presented at the initiative of the person involved in the case to prove the existence of iliotsutstviâ a violation of antitrust laws, except in the case of applications for exemption from administrative liability for administrative offences provided for in paragraphs 1 and 3 of article 23 of the code of the Russian Federation on administrative offences, and (or) for exemption from criminal liability for criminal offences under article 178 of the Criminal Code of the Russian Federation.
2. In relation to the statements of objections, explanations and other material provided on the initiative of the person involved vdele, in writing or orally on questions raised during the consideration of the case on violation of the Antimonopoly Law, may not be the mode of commercial secrets.
3. Information documents which are presented on demand or any other requirement of the competition authority in respect of which a set of commercial secrets and which are the materials of the case on violation of the Antimonopoly Law, may be shared with the persons participating in the case against receipt, with the consent of the owner of such information and documents.
4. consent obladatelâinformacii, trade secret, to familiarize persons involved in a case with takojinformaciej is submitted to the Commission in writing during the consideration of the case on violation of the Antimonopoly Law ipriobŝaetsâ to the case.
5. the receipt of persons involved in a case, confidentiality, trade secret and which became known to them as a result of consideration of the case on violation of the Antimonopoly Law, it appears to the Commission to familiarize themselves with the materials of the case on violation of the Antimonopoly Law and is attached to the case.
(Article 45-2 vvedenaFederal′nym Act of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 46. Break vzasedanii of the Commission 1. Commission on the request of the person involved in the violation of antimonopoly legislation, as well as the posobstvennoj initiative has the right to suspend the meeting of the Commission for a period not exceeding seven days.
2. Rassmotreniekomissiej case poslepereryva of antitrust in its meeting continues from the point at which it was interrupted. Reconsideration of the evidence examined before the break in the meeting of the Commission.
Article 47. Postponement of consideration of the case of ipriostanovlenie narušeniiantimonopol′nogo legislation 1. The Commission may adjourn the case consideration onarušenii of antitrust laws: 1) on the request of the person involved in the case, the loss of the appearance of that person or its representative at the meeting of the Commission on the uvažitel′nojpričine, as evidenced by the appropriate documents;
2) owing to the need to obtain additional evidence;
3) for participation in the facilitators cases otherpeople, whose involvement in the case, according to the Commission, is necessary;
4) If during the proceedings in actions (inaction) of the defendant in the case found a violation of the Antimonopoly Law violation on the grounds which had been prosecuted (para 4 lose force on ânvarâ2015 5 years on the basis of the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629);
5) in chapter inyhpredusmotrennyh cases.
1-1. obâzanaotložit′ Commission consideration of the case about violation of antimonopoly legislation in case the respondent in this case is drawn person previously involved in this case in a different status (a person with information about the circumstances of the case, the applicant) (part 1-1 introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343.) 1-2. When continuance case on violation of the Antimonopoly Law poosnovaniâm stipulated by paragraphs 1 and 2 of part 1-1 of this article, the definition should include including a description of vyâvlennyhpriznakov violations of antitrust laws, evidence, facts and other circumstances that indicate the existence of such signs (part 1-2 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41 , art. 5629, comes into effect from January 5, 2016).
2. in cases of suspension of antitrust during the term of its consideration is not interrupted.
Consideration of the case on the new Commission meeting resumes tions for empty moment from which it was suspended.
3. the Commission may suspend consideration of the case of antimonopoly legislation in onarušenii case, and for a period of: 1) consideration of the competition authority, court preliminary investigation agencies of another case that has value for the consideration of the case on violation of the Antimonopoly Law;
2) provedeniâèkspertizy.
4. During the period of consideration of the case of antitrust is interrupted pripriostanovlenii and continues since the resumption of the hearing. Since the continuing examination of the case, from which it was suspended.
5. About deferment, to suspend, for the reopening of the consideration of a case on violation of antimonopol′nogozakonodatel′stva, as well as the appointment of the examination Commission shall determine a copy within three days from the date of its issuance shall be sent to the persons participating in the case. Copy the definition of expert is also sent to the examination appointment within three days from the date of making such a determination.
Article 47-1. combining or selection of cases on violation of the Antimonopoly Law (name of harm. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) 1. The competition authority on the request of the persons involved in the case, or on its own initiative, in the manner prescribed by the competition authority for the full, comprehensive and objective review of cases may combine two or more odnoproizvodstvo in case onarušenii of antitrust laws, as well as in the separate production of one or more cases.
2. For joinder of water production or the allocation of cases to the individual production competition authority ruling.
3. composition of Commission porassmotreniû United or allocated cases is determined by the order of the competition authority.
(Article 47-1 vvedenaFederal′nym Act of July 17, 2009 N 164-FZ-Sobraniezakonodatel′stva Russian Federation, 2009, no. 29, art. 3601) article 48. Prekraŝenierassmotreniâ case 1 of antitrust. The Board ceases consideration of the case about the antitrust case:
1) voluntary removal of the violation of antimonopoly legislation and its effects the perpetrator of such an offence;
2) absence of antitrust violations in the actions (inaction) by the Commission;
3) likvidaciiûridičeskogo persons, the only defendant in the case;
4) death fizičeskogolica is the only defendant in the case;
5) existence of an enforceable court decision containing conclusions on the presence or absence of antitrust violations in the actions (inaction) by the Commission;
6) availability of vstupivšegov decisions of the competition authority on establishing a violation of the Antimonopoly Commission under zakonodatel′stvav actions (inaction) (punkt6 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343);
7) lapse under article 41-1 of the present Federal Act (item 7 was introduced by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). 2. The decision to discontinue the case on violation of the Antimonopoly Law was adopted by the Commission in accordance with the requirements of article 41nastoâŝego of the Federal Act. Incase, if the case is terminated in accordance with paragraphs 1 and 6 of part 1 of this article, the operative part of the decision to discontinue a case must contain information about establishing a violation of the defendant or the defendants of the Antimonopoly Law (as amended. Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601; Federal law dated December 6, 2011 N 401-FZ collection zakonodatel′stvaRossijskoj Federation, 2011, N 50, art. 7343). Article 48-1. Zaklûčenieob case 1. Before the end of the consideration of the case on violation of the Antimonopoly Law, when establishing the actions (inaction) of the defendant in the case of a violation of antitrust laws, the Commission adopts an opinion on the circumstances of the case.
2. conclusion on the facts of the case is issued as a separate document, signed by the Chairman and members of the Commission and shall include: 1) documentary and other facts established by the Commission, including the circumstances established in the course of the competition authority, sostoâniâkonkurencii analysis and circumstances established during inspections for compliance with antimonopoly legislation;
2) the evidence on which the conclusions are based on the circumstances of the case, the grounds on which the Commission rejected those or other evidence, accepted or rejected cited in support of their claims and objections, reasoning individuals učastvuûŝihv the.
3. In the case of prinâtiâzaklûčeniâ about the circumstances of the case case of violation of antimonopoly legislation subject to deposition.
4. a copy of the opinion on the circumstances of the case shall be sent to the persons participating in the case within five working days from the date of the determination, on the continuance of the antitrust case. With the date of the next review of the case may not be imposed earlier than five working days from the date of the direction of the persons participating in the case, a copy of the conclusions about the circumstances of the case.
5. Persons participating in case shall have the right to submit to the Commission an explanation, evidence and argue in writing in respect of the circumstances described in the conclusion obobstoâtel′stvah the case, pending the outcome of the case on violation of the Antimonopoly Law and the reading of the operative part of the decision ponemu at the meeting of the Commission.
6. In the case of eslipredstavlennye persons participating in the case, explanations, evidences and arguments indicate the actions (inaction) of the defendant in the case of signs of inogonarušeniâ than a violation of antitrust law, on grounds which adopted an opinion on the circumstances of the case, the Commission based on paragraph 1 part 1-1 article 47 hereof decides on the continuance of the case onarušenii of antitrust laws. In this case, consideration of the case continues in the rules established by this chapter.
7. In the case of eslipredstavlennye persons participating in the case, evidence and argument with respect to the circumstances described in the conclusion about the circumstances of the case, in the absence of svidetel′stvuûtob Commission actions (inaction) of a violation of antitrust laws, the Commission on the basis of paragraph 1 of part 1 of article 48 of the present Federal law suspends consideration of the case on violation of the Antimonopoly Law.
(Article 48-1 of the Act of October 5, 2015 vvedenaFederal′nym N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016 year) article 49. Prinâtiekomissiej decision on the violation of antimonopoly legislation 1. The Commission, in adopting the decision on Antitrust: 1) ocenivaetdokazatel′stva and arguments submitted by the persons involved in the case;
2) evaluates the zaklûčeniâi explanations of experts, as well as persons who have information about the circumstances before the Commission;
3) defines rules of Antimonopoly and inogozakonodatel′stva the Russian Federation violated as a result of the implementation before the Commission actions (inaction);
4) establishes obligations Rightsand persons involved in the case;
5) resolves the issue ovydače prescriptions and their content, as well as the need to undertake other action to eliminate and/or prevent the narušeniâantimonopol′nogo legislation, including the question of sending materials to law enforcement authorities, on submission of your appeal to court, about the direction of the proposals and recommendations to the public authorities or bodies of local self-government.
2. the Operative part of the decision on antitrust is a subject to announcement at the end of the proceedings, must be signed by all the members of the Commission involved in the decision, and is attached to the case. A decision must be made in full within ten working days from the date of announcement of the operative part of the decision. A copy of such decision shall be sent immediately or are awarded to persons involved in the case. Date of manufacture of the decision in its entirety is considered datojego (as amended by the Federal law of December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343).
Article 50. Predpisaniepo the case of violation of antimonopoly legislation 1. In the case of violation of the Antimonopoly Law on the basis of the decision in the case, the Commission shall issue a precept to the defendant in the case.
2. the Requirement in the case of antitrust is made simultaneously with the decision. A copy of the precept shall be sent immediately or is awarded to the person who is ordered to commit certain decision actions.
Article 51. Ispolneniepredpisaniâ in the case of the violation of antimonopoly legislation. Consequences of failure to comply with the requirements for regular payments in the income received from the federal′nyjbûdžet of monopolistic activity ilinedobrosovestnoj competition 1. Requirement under the case on violation of the Antimonopoly Law is enforceable within the prescribed time limit.
The competition authority has been monitoring the ispolneniemvydannyh regulations.
2. Failure to comply with a precept within the term under the case on violation of the Antimonopoly Law entail administrative responsibility.
3. a person whose actions (inaction) in ustanovlennomnastoâŝim Federal law recognized the monopolistic activity and unfair competition and are inadmissible in accordance with antitrust law, as prescribed by the competition authority is obliged to pay to the federal budget income received from such actions (inaction). In the case of non-observance of the prescriptions of the income derived from monopolistic activities or unfair competition, will be subject to seizure in the federal budget on the suit of the competition authority.
4. failure in time predpisaniâpo the case on violation of the Antimonopoly Law refers to ispolneniepredpisaniâ partly specified by this prescription period or evasion of its execution. Failure remains specified requirements is a violation of antimonopol′nogozakonodatel′stva (in red. Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601). 5. Time of performance requirements in the case of antitrust can be prodlenkomissiej for no more than six months at the substantiated request of the defendant, the defendants in the case, if the reasons specified in the application will be considered valid. Application for extending the performance takogopredpisaniâ is sent to the Antimonopoly authority not later than twenty working days before the expiry of the period of execution of Regulation (part 5 was introduced by the Federal law dated July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601).
6. the definition of the term oprodlenii performance requirements or refuse renewal must be signed by the Chairman and members of the Commission and within ten working days from the date of receipt of the application is sent to the defendant, the defendants in the case by registered mail with advice of delivery or shall be handed over to their representatives under the receipt (part 6 introduces the Federal zakonomot July 17, 2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601). 7. If a defendant, the defendants in the case to administrative liability for failure to comply with the srokpredpisaniâ Commission within five working days from the date of vyneseniâpostanovleniâ on the appointment of the administrative punishment shall determine the establishment of new deadlines previously issued prescriptions.
Such determination shall be signed by the Chairman and members of the Commission and shall be sent by certified mail, return receipt requested or awarded against the defendant, the defendants or their representatives (part 7 introduced the Federal law of 17 iûlâ2009 N 164-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3601).
Article 51-1. an explanation of the solution and (or) requirements in the case of onarušenii of antitrust laws. Correction of clerical errors, typos iarifmetičeskoj error 1. The Commission adopted a decision and (or) a precept on the case on violation of the Antimonopoly Law, according to a person involved in the case, or on its own initiative, shall have the right to give an explanation of the solution and (or) the regulations without altering their content, as well as to correct errors made in the solution and (or) prescribing errors, typos and arithmetical errors.
2. On clarification of decision and (or) provisions correcting clerical errors, typos and arithmetical error, the Board shall determine.
3. determination on the question of explaining the decision and (or) provisions correcting typos, misspellings or arifmetičeskojošibki the Commission is sent to the persons participating in the case, within three working days from the dnâizgotovleniâ definition, but not within within fifteen working days from the date of receipt of the application.
(Become a 51-1 vvedenaFederal′nym Act of December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343) Article 51-2. Peresmotrrešeniâ and (or) the case of violation of regulations antimonopol′nogozakonodatel′stva on new and (or) newly reveled circumstances 1. Decision and (or) issued on the basis of the prescription in the case of violation of antitrust laws can be revised according to the new and (or) newly discovered evidence, the Commission has adopted such a decision and (or) issued this order by zaâvleniûlica participating in the case as well as in the case of the Commission under this article reason to revise the decision and (or) requirements.
2. Bases of dlâperesmotra solution and (or) issued pursuant to regulations under the case on violation of the Antimonopoly Law are: 1) vyâvlenieobstoâtel′stv which were not and could not have known at the time of the reading of the operative part of the decision on the case, but are essential for the proper determination of the case;
2) falsification of evidence, false testimony of persons with information about obstoâtel′stvahrassmatrivaemogo cases patently false opinion, knowingly false translation, resulting in the adoption of the unlawful or unjustified decisions and (or) issuance of regulations based on it.
3. application for revision of the prinâtogoantimonopol′nym authority and (or) issued on the basis thereof in the case of violation of regulations antimonopol′nogozakonodatel′stva on new and (or) newly discovered evidence is filed in the competition authority, the Commission, which has taken such a decision and (or) gave such a requirement, persons participating in a case within three mesâcevso days when they learned or had to learn about the circumstances which are the basis for a review of the decision and (or) requirements.
4. at the request of the applicant, a statement, a missed application deadline may be restored, subject to competition authority if petition is filed within six months of the establishment of sodnâ reason to revise the decision and (or) regulations and anti-monopoly authority recognizes the reasons for missing a deadline to be valid.
5. The form and content of the application for revision adopted antitrust organomrešeniâ and (or) issued on the basis of regulations of antitrust case are determined by the Federal competition authority.
6. The Antimonopoly authority returns the applicant filed them statement of peresmotreprinâtogo competition authority decisions and (or) issued pursuant to regulations under the case on violation of the Antimonopoly Law on new and (or) newly discovered circumstances within ten days from the date of receipt of such declaration, if it determines that: 1) no soblûdenytrebovaniâ applicable to the form and content of the application;
2) statement filed after the deadline and no petition for his vosstanovleniiili in the restoration of the missed deadline of submission of the application is denied.
7. application for revision of the prinâtogoantimonopol′nym authority and (or) issued on the basis thereof in the case of violation of regulations antimonopol′nogozakonodatel′stva on new and (or) newly discovered evidence is considered by the Commission, has adopted this decision and (or) issued this order within one month from the receipt of an application in the competition authority.
8. following the examination of the application for revision of the decision taken by the competition authority decisions and (or) vydannogona pursuant to regulations under the case on violation of the Antimonopoly Law on new and (or) otkryvšimsâobstoâtel′stvam, the Commission shall take one of the following decisions: 1) on udovletvoreniizaâvleniâ and a review of a decision and/or rule;
2) refusal vudovletvorenii statements.
9. the decision to dismiss the application for revision of the judgment and (or) issued on the basis of provisions in the case of antitrust, the Commission shall send to the applicant within three days from the date of its adoption.
10. In the event of a decision to review a decision and (or) issued on the basis of provisions in the case of antitrust, the Commission shall determine the revision of decisions and (or) requirements. A copy of such determination within three days from the date of its issuance shall be sent to individuals involved in the case.
11. Review and (or) issued on the basis of provisions in the case of antitrust is carried out by the Commission, to adopt a revised decision and (or) issued the revised regulation in the manner prescribed by this chapter.
(Become a 51-2 vvedenaFederal′nym Act of December 6, 2011 N 401-FZ-Sobraniezakonodatel′stva Russian Federation, 2011, N 50, art. 7343) article 52. Porâdokobžalovaniâ decisions and orders of the Antimonopoly authority 1. Decision and (or) a precept of the Antimonopoly authority may be appealed to the Arbitration Court within three months from the date of the decision or the issuance of regulations. Cases on appeal and (or) antitrust regulations organapodvedomstvenny to the arbitral tribunal.
1-1. If the decision and (or) a precept of the Antimonopoly Authority appealed to the collegiate body of the Federal Antimonopoly authority adopted in the case of antitrust acts may be appealed to the Arbitration Court within one month from the date of entry into force of decision of the collegiate body managed the Federal competition authority (part 1-1 introduced by the Federal law of October 5, 2015 N 275-FZ-collection of laws of the Russian Federation, 2015, N 41, art. 5629, comes into effect from January 5, 2016).
2. In case of appeal against requirements prinâtiâzaâvleniâ to the production of the arbitral tribunal pursuant to the requirements of the competition authority is suspended until the day of the entry into force of the decisions of the arbitral tribunal.
(Article 52 in red. Federal law dated December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343) Chapter 10 final provisions and the entry into force of the nastoâŝegoFederal′nogo Act Article 53. final provisions 1. From the day of the vstupleniâv force of this federal law shall be declared null and void: 1) article 1-2, abzacyvtoroj-twenty-fifth of part one and part two, article 4, sections II-VII of the Act of the RSFSR of 22 marta1991 N 948-I "on competition and limitation of monopolistic activity on commodity markets" (records of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 16, p. 499);
2) article 14 of the law of the Russian Federation dated 24 iûnâ1992 N-3119 I "about entry of changes and additions in the Civil Code of the RSFSR, the code of civil procedure of the RSFSR, the regulations of the Supreme Soviet of the RSFSR, the laws of CRIMINAL PROCEDURE of the RSFSR" on Jewish Autonomous Oblast "," Ovyborah people's deputies of the RSFSR "on additional powers of local councils of people's deputies in the conditions of transition to market relations", "peasant (farmer) economy", "land reform", "about banks and bankovskojdeâtel′nosti in
The RSFSR "," on the Central Bank of the RSFSR (Bank of Russia) "," on the property in the RSFSR "," on enterprises and entrepreneurship "," on the State tax service of the RSFSR "on competition and limitation of monopolistic activity in commodity markets," to give priority to ensuring the agro-kompleksamaterial′no-technical resources "," on local self-government in the RSFSR "," on privatization of State and municipal enterprises in the Russian Soviet Federative Socialist Republic "," about the fundamentals of fiscal devices and the budget process in the RSFSR "," on State duty "; the laws of the Russian Federation "on the provincial, Regional Council of people's deputies and regional, oblast administration, the commodity exchanges and exchange trade" (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 34, item 1966);
3) paragraphs 1-4, abzacyčetvertyj-twentieth paragraph 5, paras 6-26, 30-34, article 1Federal′nogo of the law of May 25, 1995, N 83-ФЗ "about entry of changes and additions in the RSFSR Law on competition and limitation of monopolistic activity on commodity markets" (collection of laws of the Russianfederation, 1995, no. 22, art. 1977);
4) paragraph 1, paragraphs, the second to seventh, ninth-thirteenth paragraph 2 and paragraph 3 of article 1 May 6, 1998 Federal law N 70-FZ "on amendments and additions to the RSFSR Law on competition and limitation of monopolistic activity on commodity markets" (collection of laws of the Russian Federation, 1998, no. 19, art. 2066);
5) Federal law dated June 23, 1999 N 117-FZ "on protection of competition in the financial services market" (collection of laws of the Russian Federation, 1999, N 26, art. 3174);
6) Federal law From2 January 2000 N 3-FZ "on amendments and additions to article 18 of the law of the RSFSR" on competition and limitation of monopolistic activity on commodity markets "(collection of laws of the Russianfederation, 2000, N 2, art. 124);
7) paragraphs second-fifth, thirty-eighth to forty-second article 3 of the Federal law of December 30, 2001 N 196-FZ "on the entry into force of the code of the Russian Federation on administrative offences" (collection of laws of the Russian Federation, 2002, N 1, art. 2);
8 article 2Federal′nogo, paragraph 2) of the Act of March 21, 2002, N 31-FZ "on bringing legislation into line with the Federal law" on State registraciiûridičeskih "(collection of laws of the Russian Federation, 2002, N 12, art. 1093);
9) items 1-4, paragraphs, the second to eighteenth paragraph 5, paras 6-article 33 1 of the Federal law of October 9, 2002 godaN 122-FZ "on amendments and additions to the RSFSR Law on competition and limitation of monopolistic activity on commodity markets" (collection of laws of the Russianfederation, 2002, no. 41, art. 3969);
10) Federal zakonot March 7, 2005 N 13-FZ "on amendments to articles 17 and 18 of the Act of the RSFSR" on competition and limitation of monopolistic activity on commodity markets "(collection of laws of the Russianfederation, 2005, N 10, art. 761);
11) articles 2 and 21Federal′nogo of the Act of 2 February 2006 N 19-FZ "on amending certain legislative acts of the Russian Federation and repealing certain provisions of legislative acts of the Russian Federation in connection with adoption of the Federal law" about placing orders for the supply of goods, works and services and municipal needs dlâgosudarstvennyh "(collection of laws of the Russian Federation, 2006, no. 6, art. 636). 2. From the date of entry into force of this federal law and managed to bring it into line with the present Federal zakonomdrugih federal laws and other regulatory legal acts of the Russian Federation, reguliruûŝihotnošeniâ, related to the protection of competition in the Russian Federation, the prevention and suppression of monopolistic activity and unfair competition, the laws and other regulatory legal acts are applied if they do not contradict this federal law.
3. To establish under paragraph 5 of article 17-1 of this federal law about carrying out of competitions or auctions for the right to conclude treaties, referred to včastâh 1 and 3 of article 17-1 of this federal law, contests for the right to conclude such contracts are carried out in the manner prescribed by the Federal law of July 21 2005 N 115-FZ "on concession agreements", and auctions on the right of the conclusion of such contracts are carried out in order established by the Federal law of December 21, 2001 N 178-FZ "on privatization of State and municipal property (part 3 Federal′nymzakonom introduced from June 30, 2008 N 108-FZ-collection of laws of the Russian Federation, 2008, no. 27, art. 3126; in red. Federal law on July 17, 2009. N 173-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3610). 4. (Part of the vvedenaFederal′nym Act of 4 November 8, 2008 N 195-FZ-collection of laws of the Russian Federation, 2008, no. 45, art. 5141; lost effect on the grounds of Federal′nogozakona of July 2, 2013 N 144-FZ-collection of laws of the Russian Federation, 2013, N 27, art. 3436) 4-1. Traditionally used Republic of Crimea and the city of Federal significance conclusion for a new term Khersoness, instruments that provide for the transition of ownership rights and (or) use with respect to the State or municipal property, concluded before March 18, 2014 onwards, as well as prisoners from March 18, 2014 year until July 1, 2015 year with subjects of small enterprise isrednego, properly carried out their duties in a side-by-in the manner and under the conditions provided by paragraphs 9-11 of article 17-1 of this federal law. While položeniepunkta 1 part 9 of article 17-1 of this federal law does not apply and the amount of rent is determined in accordance with the legislation of the Republic of Crimea and Sevastopol cities with federal status, adopted in accordance with paragraph 1 of article 12-1 of the Federal Constitutional law of March 21, 2014 N 6-FKZ Oprinâtii in the Russian Federation Republic of Crimea and the education of new subjects of the Russian Federation-Republic of Crimea and the city of Federal significance of Sevastopol "(part 4-1 vvedenaFederal′nym Act of July 13, 2015 N 213-FZ-collection of laws of the Russian Federation, 2015, N 29, art. 4339). 5. Until 1 January 2011, information about contests or auctions on pravozaklûčeniâ contracts specified in častâh1 and 3 of article 17-1 of this federal law, published on the official website of the Russian Federation, official website of the subject of the Russian Federation, oficial′nomsajte municipal education in information and Internet telecommunications network dlârazmeŝeniâ information on bidding, defined respectively authorized by the Government of the Russian Federation Federal Executive Body, the Supreme executive organ of State power of constituent entities of the Russian Federation body of local self-government. If this notice of contests or auctions, alterations, notice of otkazeot contests or auctions also are published in the official publication determined on a competitive basis, authorized by the Government of the Russian Federation Federal Executive Body, the Supreme executive organ of State power of constituent entities of the Russian Federation, a body of local self-government (part 5 was introduced by the Federal law dated July 17, 2009 N 173-FZ-collection of laws of the Russian Federation, 2009, no. 29, art. 3610; in red. The Federal law from July, 2011. N 200-FZ-collection of laws of the Russian Federation, 2011, N 29, art. 4291). 6. Not allowed extension of izaklûčenie contracts for another term without holding open competitions or otkrytyhaukcionov contracts on rendering financial services referred to in article 18 hereof (part 6 introduces Federal′nymzakonom from December 6, 2011 N 401-FZ-collection of laws of the Russian Federation, 2011, N 50, art. 7343). Article 54. The managed entry of this federal law NastoâŝijFederal′nyj law shall enter into force on the expiry of ninety days after the day of its official publication.
Moscow, Kremlin, July 26, 2006 year N 135-FZ
