Advanced Search

On Amendments To The Federal Law "on Protection Of Competition" And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О защите конкуренции" и отдельные законодательные акты Российской Федерации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On Competition Protection" and separate pieces of legislation Russian Federation Accepted State Duma of 3 July 2009 Approved by the Federation Council on July 7, 2009(In the wording of federal laws dated 25.11.2009. N 281-FZ; of 05.04.2013 N 44-FZ; of 28.12.2013 N 423-FZ; dated 23.06.2014 N 171-FZ; 05.10.2015 N 275-FZ Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3434; 2007, N 49, sect. 6079; 2008, N 18, sect. 1941; N 45, sect. 5141) the following changes: 1) in Article 3: a) Part 1 after the words "and foreign legal entities" should be supplemented with the words ", organization"; (b) Part 2, as follows: " 2. The provisions of this Federal Law apply to agreements reached outside the territory of the Russian Federation between Russian and (or) foreign persons or organizations, and to acts committed by them, if such agreements In the Russian Federation, the main productive assets and (or) intangibles or shares (shares) of economic societies held in the territory of the Russian Federation and the rights of commercial organizations have been and are being carried out. in the territory of the Russian Federation have a different effect on the state of competition in the territory of the Russian Federation. "; 2), article 4, paragraph 20, as follows: " 20) State or municipal preferences-grant by federal states by the executive authorities, the bodies of the State authorities of the constituent entities of the Russian Federation, the local self-government bodies and other bodies carrying out the functions of these bodies or organizations to individual economic entities, which provides them with better working conditions, by means of The transfer of State or municipal property, other civil rights or property benefits; "; (3) in article 5: (a) in Part 2, replace" in Parts 3 and 6 "with" in Parts 3, 6 and 6-1 "; b) (Sprag-Federal Law of 05.10.2015 N 275-FZ in) (Spanged by Federal Law of 05.10.2015) N 275-FZ g) to be added to Part 8, to read: " 8. In accordance with article 23, paragraph 3, paragraph 3, of this Federal Act, the competition authority gives an assessment of the circumstances affecting the state of competition, including the conditions for access to the commodity market, the share of economic entities in the markets of a certain product, the ratio of buyers and sellers of goods, the period of existence of the possibility to exert a decisive influence on the general conditions for the circulation of goods in the commodity market. "; 4) Article 6 Amend the text as follows: " Article 6. The high price of the product 1. The high price of the commodity is the price established by the dominant economic entity if the price exceeds the amount necessary for the production and sale of such goods and profits and the price which formed in a competitive environment in a commodity market comparable to that of buyers or sellers of goods, conditions for the circulation of goods, conditions of access to the goods market, state regulation, including taxation and customs tariff regulation (hereinafter referred to as a comparable commodity market), if there is such a market of the Russian Federation or beyond, including the established: 1) by raising the previously priced item if the following conditions are met: (a) the costs required for the production and sale of the goods, remain unchanged, or their change does not correspond to the change in the price of the goods; b) the composition of the seller or the buyer of the goods has remained unchanged, or the change in the composition of the seller or the buyer of the goods is small; in) the condition for the goods in the commodity market the number of government regulations, including taxation, tariff regulation, remained unchanged, or altered to change the price of the product disproportionately; 2) by maintaining or unpreinstalled commodity prices, if combined with the following conditions: (a) the costs required for the production and sale of the goods have been substantially reduced; b) the composition of the seller or the buyer of the goods makes it possible { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } price changes to The circulation of goods in the commodity market, including those arising from government regulations, including taxation, tariff regulation, provides an opportunity to change the price of the goods in the direction of reduction. 2. Subject to the conditions laid down in article 13, part 1, of this Federal Act, there is no monopoly on the price of the goods resulting from innovation, i.e. activities leading to the creation of a new one. non-interchangeable product or new rotating item when the cost of producing and/or improving the quality of the product is reduced. 3. The price of the goods is not recognized as a monopoly, if it is established by the subject of a natural monopoly within the tariff for such goods, determined in accordance with the laws of the Russian Federation. 4. The price of the goods is not recognized as being exclusively high in the case of non-exceedance of the price, which was created in a competitive environment in a comparable commodity market. "; 5), article 7, as follows: Article 7. The low price of the product 1. The low price of the commodity is the price established by the dominant economic entity if the price is lower than the amount necessary for the production and sale of such goods and profit and below the price that was formed in a competitive environment in a comparable commodity market, if there is such a market in the territory of the Russian Federation or abroad, including the established: 1) by reducing the previously established price of the goods, if performed in the following conditions: a) the costs that are required for the production and sale of the goods, remain unchanged, or their change does not correspond to the change in the price of the goods; b) the composition of the seller or the buyer of the goods has remained unchanged, or the change in the composition of the seller or the buyer of the goods is minor; in) the conditions for the circulation of goods in the commodity market, including those arising from government regulations, including taxation, tariff regulation, remain unchanged, or their change is disproportionate commodity prices; 2) by maintaining or not increasing the price of the goods, if the following conditions are met: (a) the costs required for the production and sale of the goods substantially increased; b) the composition of the seller or the buyer of the goods makes it possible to change the price of the goods to the increase; in) the conditions for the circulation of goods in the commodity market, including those arising from government regulations, including taxation, tariff regulation, provide an opportunity to change the price of the product to an increase. 2. It is not recognized as a monopoly of the low price of the goods if: 1) it is established by the natural monopoly subject to the tariff for such goods, as defined by Russian law; 2) it is not below the price that was formed in the context of competition in a comparable commodity market; (3) the seller's establishment of the goods has not, or could not have, restricted competition due to a reduction in the number of by sellers or purchasers of goods in one group of persons in the relevant product market. "; 6) in article 9, paragraph 1: (a) the first paragraph should read: " 1. The group of individuals is recognized as a collection of natural persons and (or) legal persons corresponding to one or more of the following grounds: "; (b) in paragraph 14, the words" with each such person "shall be replaced by the words" with any such person "; (c) supplement paragraph 15 with the following: " 15) economic society (comradeship), physical and/or legal persons who, for any of the topics referred to in paragraphs 1 to 14 of this report, are members of the same group persons, if by force of their joint participation in this economic society (a partnership), or in accordance with the powers received from other persons, has more than fifty per cent of the total number of votes attributable to the voting shares (shares) in the statutory (warehousing) capital of that economic society (partnerships); 7), article 10, paragraph 3, should read: " 3. In order to prevent the creation of discriminatory conditions, the Government of the Russian Federation establishes rules of non-discriminatory access to commodity markets and (or) to goods produced or sold by natural monopolies, The regulation of the activities of which is carried out in accordance with the Federal Act No. 147-FZ of 17 August 1995 on natural monopolies. The specified rules should contain: 1) a list of the goods supplied by the entities specified in the first paragraph of this Part; 2) a list of information to enable participants to make comparisons Commodity market and/or market access, as well as other essential information for market access and (or) circulation of items in the commodity market; 3) Disclosure of the information referred to in paragraph 2. The number of goods produced or sold by economic entities referred to in the first paragraph of this Part, the value of these goods and the amount of the cost of access to the commodity market, the possible production or sale of these goods, the technical and technological possibilities of providing these goods; 4) the procedure for the reimbursement of the economically justified expenses of the economic entities referred to in the first paragraph of this Part to the production and (or) implementation (or) the organization of access to the commodity market; 5) The conditions for competitive access procedures for the goods market in which the business entities referred to in the first paragraph of this Part, if there is an economic, technological or other possibility, if other procedures are available Access to the goods market is not provided for in the legislation of the Russian Federation; 6) substantive terms of contracts and (or) model contracts for the granting of access to the commodity market and (or) goods of economic entities specified in paragraph 1 of this Part; 7) Order of the determination consumers who are required to service, establish a minimum level of provision and order of access to commodity markets and (or) goods if the need for goods cannot be met in full, produced and/or carried out by economic entities referred to in the first paragraph of this Part, taking into account the need to protect the rights and legitimate interests of citizens, to ensure the security of the State, to protect nature and cultural property; 8) Conditions for access to the commodity market and (or) goods the entities referred to in the first paragraph of this Part and, in the prescribed cases, the requirements for technological and technical measures (technological adherence); 9) requirements for the characteristics of the relevant goods, if any contrary to the law of the Russian Federation. "; 8) in article 11: (a) in paragraph 4 of Part 1 of the phrase", normative legal acts of authorized federal executive authorities or judicial acts " delete; b) to be supplemented by Part 1 to 1, to read: " 1-1. The prohibitions contained in Part 1 of this article shall not apply to "vertical" agreements. "; in) to be supplemented by Part 1-2, as follows: " 1-2. "vertical" agreements between economic entities (with the exception of "vertical" agreements that are recognized as permissible under article 12 of this Federal Act) are prohibited, if: (1) such arrangements result in or may lead to the pricing of resale of the goods; 2) such an agreement requires the seller to prevent the goods from being sold by the business competitor. The prohibition does not apply to agreements on the organization by the buyer of the sale of goods under the trademark or the trade name of the seller or producer. "; ), Part 4, as follows: " 4. The owner is entitled to submit evidence that the agreements it has concluded or the concerted action it has taken, as provided for in parts 1 and 2 of this article, may be admissible under article 12 or Part 1 of Article 13 of this Federal Law. "; 9) in the first paragraph of article 13, paragraph 1, of the word" paragraphs 1, "to be replaced by" paragraphs 1 (except for the establishment or maintenance of the price of the product which is the result of innovation) ". "; 10) in article 15, paragraph 1: a), paragraph 2 The following wording: " (2) unjustified obstructing the activity of economic entities, including by establishing the requirements for goods or goods not provided for in the legislation of the Russian Federation. economic entities; "; b) to supplement paragraph 6 with the following: " (6) giving the business entity access to information as a matter of priority; "; in) to supplement paragraph 7 with the following: " 7) State or municipal preferences in violation of the order established by Chapter 5 of this Federal Law. "; 11) the name of Chapter 5, amend to read: " Chapter 5. Provision of State or municipal preferences "; 12) Article 19 should read: Article 19. State or municipal preferences 1. State or municipal preferences may be granted on the basis of legal acts of the federal executive authority, the State authority of the constituent entity of the Russian Federation, the local self-government body and other implementing bodies. Functions of designated bodies of the body or organization solely for the purpose of: 1) ensuring the life of the population in areas of the Far North and similar areas; 2) development of education and science; 3) of scientific research; 4) protection of the environment The preservation, use, popularization and preservation of cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation; 6) culture, art and cultural preservation values; 7) development of physical culture and sport; 8) the country's defense and security of the state; 9) production of agricultural products; 10) social protection population; (11) labour protection; 12) citizens ' health; 13) support for small and medium-sized businesses; 14) defined by other federal laws, normative legal acts of the President of the Russian Federation and regulatory legal acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. It is prohibited to use State or municipal preferences for purposes other than those specified in the application for consent to the granting of State or municipal preference to the objectives. 3. A State or municipal preference, for the purposes provided for in Part 1 of this article, shall be granted with prior consent in writing to the antitrust authority, except if such preference is granted: 1) on the basis of federal law, the laws of the constituent entities of the Russian Federation on the budget, regulatory legal acts of local government bodies on the budget, containing or establishing the procedure for determining the size of the state or municipal preferences and its specific recipient; 2) through the provision of contingency funds for contingency funds in accordance with the budgetary laws of the Russian Federation; 3) not exceeding the Central Bank of the Russian Federation The Federation has a ceiling on cash payments in the Russian Federation between legal entities in one transaction, provided that such preference is granted only once a year to one person. 4. It is not a state or municipal preference: (1) the provision of property and (or) other objects of civil rights as a result of the results of tenders in the cases provided for in the legislation of the Russian Federation, as well as on OF THE PRESIDENT OF THE RUSSIAN FEDERATION of State or municipal property for the liquidation of consequences of emergencies, military operations, counter-terrorist operations; 3) consolidating State or municipal property for economic entities on economic rights, or operational management; 4) the provision of property and (or) other objects of civil rights under federal law or by a court decision that has entered into force. "; editions: " Article 20. The procedure for granting State or municipal preferences 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Municipal preference is given to the competition authority to give consent to the granting of such preference in the form determined by the Federal Antimonopoly Body. Annexed to this declaration are: 1) the draft act, which provides for the granting of State or municipal preferences, specifying the purpose and size of such preference if it is provided by means of transfer property; (2) a list of activities carried out and (or) carried out by an entity in respect of which there is an intention to grant a state or municipal preference within two years prior to the date of submission of the application or within the period of implementation activities, if it is less than two years, as well as copies of documents confirming and (or) confirming the right to carry out these activities, if, in accordance with the legislation of the Russian Federation, for their implementation required and (or) required special authorizations; 3) the name of the types of goods, the volume of goods produced and (or) sold by the economic entity in respect of which there is an intention to provide the State or municipal preference, within two years preceding the date of submission declarations, or for the duration of the activity, if it is less than two years, with the indication of the product codes; 4) the accounting balance of the entity in respect of which there is an intention to provide State or municipal preference, as at the last reporting date prior to the date of application, or, if the entity does not represent the balance of the tax authorities, otherwise provided by law of the Russian Federation concerning taxes and charges; 5) A list of persons belonging to one group of persons with an entity in respect of which there is an intention to grant a State or municipal preference, specifying the basis for such persons to enter the group; 6) notarized copies of the constituent documents of the business entity. 2. The Antimonopoly Authority shall consider the application for consent to the provision of State or municipal preferences, the documents and shall take one of the decisions referred to in part 3 of this article within a period not exceeding one month from the date of Receiph of such statements and documents. In the case of a declaration and (or) of documents which do not meet the requirements laid down in part 1 of this article, the competition authority shall, within ten days from the date of receipt of the said declaration, take a reasoned decision on Non-conformity of the submitted application and/or documents in the manner prescribed by the Federal Anti-Monopoly Authority, and returns the application for consent to the granting of a state or municipal preference by a registered letter of notification of a certified copy of such a solutions. At the same time, the period of retention by the authority of the documents submitted, during which the applicant is entitled to claim them, shall be fourteen days from the date of receipt by the applicant of the notification. In the event that, during the consideration of the application for consent to a state or municipal preference, the competition authority will conclude that the actions for which the consent is sought in the said statement The antimonopoly authority is not a state or municipal preference, the competition authority within 10 days from the date of submission of the said application in accordance with the procedure established by the Federal Antimonopoly Body decides on that the consent of the competition authority to carry out such acts shall not be required to notify the applicant by registered letter of delivery with the application of a certified copy of the said decision on the date of the decision. 3. The Antimonopoly Body adopts one of the following reasoned decisions on the basis of the application for consent to the granting of State or municipal preferences in accordance with the procedure established by the Federal Anti-Monopoly Authority; (d) The date of adoption of the decision shall notify the applicant by registered letter of service with the application of the certified copy of the said decision: 1) to give consent to the award of the State or municipal preferences, if State or municipal preferences are granted for the purposes specified in article 19, paragraph 1, of this Federal Act and its provision cannot lead to the elimination or prevention of competition; 2) to extend the time of consideration of this application, if The competition authority will conclude that the granting of such preference may lead to the elimination or prevention of competition, or that such preference may not be in conformity with the objectives specified in Part 1. of article 19 of this Federal Act, and additional The information to be taken by the meeting of the Parties referred to in paragraphs 1, 3 or 4 of this Part. Under this decision, the application may be extended for a period of not more than two months; (3) refusing to grant a state or municipal preference if the state or municipal preference is not conforms to the purposes specified in article 19 (1) of this Federal Act, or if it is granted may result in the elimination or prevention of competition; 4) on consent to the provision of a State or municipal preferences and restrictions on the provision of public or -Municipal preferences. Such a reasoned decision justifying the application of the restriction or restrictions specified therein shall be made by the authority to ensure that the State or municipal preference is in conformity with the purposes specified in article 19, paragraph 1. of this Federal Act, and to reduce its negative impact on competition. Limitations may be: (a) the time limit for the provision of state or municipal preferences; b) the number of persons who may be granted a state or municipal preference; in) The size of the State or municipal preference; g) the purpose of granting State or municipal preferences; (d) other restrictions that influence the state of competition. 4. In the event that a decision to give consent to the provision of a State or municipal preference is granted in accordance with paragraph 4 of part 3 of this article, the applicant is obliged to submit proof of compliance with the restrictions established, A list of which is set by the competition authority within one month from the date of the award of the State or municipal preference. "; 14), article 21 should read as follows: Article 21. Consequences of a violation of the requirements of this Federal Law when using the state or municipal preference In the event of control over the use of the state or The Anti-Monopoly Body (the Antimonopoly Authority), in accordance with the procedure established by the Federal Anti-Monopoly Authority, will establish a discrepancy in its use of the declared objectives, and the competition authority issues an entity to which the Federal Antimonopoly Authority is concerned. such preference, the federal executive The authorities, the executive branch of the constituent entity of the Russian Federation, the local authorities, other bodies performing the functions of these bodies, or the organizations providing such preference, a prescription for the adoption of measures of return property, other objects of civil rights, provided that the State or municipal preference was granted through the transfer of State or municipal property, other objects of civil rights or a prescription for action on Termination of benefits by an economic entity receiving State or municipal preference, provided that the State or municipal preference was granted in a different form. "; (15) in article 22: (a), paragraph 1 should be supplemented with the words", including in the field of the use of land, subsoil, water and other natural resources "; (b), paragraph 4, restate: " 4) exercises state control over economic concentration, including in the area of use land, subsoil, water and other natural resources, as well as in tendering In the cases provided for by federal laws. "; 16) in article 23: (a) in Part 1: paragraph 2, subparagraph (2)", on the sale of a certain volume of products on a commodity exchange, To agree with the competition authority on the peculiarities of forming the starting price of the product when selling it on the commodity exchange in the procedure established by the Government of the Russian Federation "; subparagraph" in " paragraph 3 should read as follows: " (c) cessation of other violations of antitrust laws, The number of measures taken to return property, other objects of civil rights transferred as a state or municipal preference; "; in paragraph 6, subparagraph (a), after the words" contrary to antitrust law " to supplement the words ", including creating unreasonable impediments to business activity,", to replace the words "the executive authorities of the constituent entities of the Russian Federation" with the words " of the State authorities of the entities Russian Federation "; , paragraph 8, after register "In addition to the words" in the manner prescribed by the Government of the Russian Federation, " in paragraph 12, paragraph 6 of Part 2 should be amended to read as follows: : " (6) provides, in accordance with the established procedure, conclusions on the effects of special protection, anti-dumping and countervailing measures, the effect of changes in customs duties on competition in the commodity market of the Russian Federation. ";"; 17) Article 24 should read as follows: " Article 24. Rights of employees of the antimonopoly body in the enforcement of the enforcement of the antimonopoly legislation In the enforcement of competition law enforcement The antimonopoly authority, in accordance with the authority vested in them, upon presentation of their official certificates and the order of the head of the antimonopoly body to conduct an anti-monopoly inspection (hereinafter referred to as the test) have the right of unimpeded access to the federal authorities " The executive authorities, the executive authorities of the constituent entities of the Russian Federation, the local self-government bodies, other bodies carrying out functions of these bodies or organizations, as well as in public extrabudgetary funds, organizations, non-profit organizations to obtain the documents and information required by the competition authority. "; 18), article 25, paragraph 1, should read: " 1. Commercial organizations and non-profit organizations (their officials), federal executive authorities (their officials), State authorities of the constituent entities of the Russian Federation (their officials), local authorities Self-government (their officials), other bodies carrying out functions of these bodies or organizations (their officials), as well as public extrabudgetary funds (their officials), natural persons, including individual entrepreneurs are required to submit to the competition authority (its officials) by his or her A reasoned request, within the prescribed period of time, required by the authority, in accordance with the powers conferred upon it by the documents, explanations and information, respectively, in writing and orally (including the information provided in the commercial, official, other legally protected secrecy), including official correspondence in electronic form. "; 19), to supplement article 25-1 as follows: Article 25-1. Conduct of inspections by the antimonopoly body 1. In order to monitor compliance with the antimonopoly legislation, the antimonopoly body has the right to conduct routine and unscheduled inspections of the federal executive authorities, the public authorities of the constituent entities of the Russian Federation. Federation, local self-government bodies, other bodies or organizations of the bodies or organizations designated as such, as well as State extrabudgetary funds, commercial and non-commercial organizations, individuals, including individuals entrepreneurs (hereinafter referred to as the person under review). Non-commercial organizations are subject solely to compliance with the provisions of articles 10, 11, 14 to 17-1, 19 to 21 of this Federal Act in their business activities or in the coordination of economic activities other economic entities. On the basis of this Federal Act, it is not possible to verify the conformity of the activities of non-profit organizations with the purpose of the activities provided for in the constituent instruments of such organizations. Routine and unscheduled inspections are carried out in the form of retreats. 2. The basis of the planned inspection is the expiration of three years from the day: (1) the establishment of a legal entity or organization, the State registration of an individual entrepreneor in the manner established by the legislation of the Russian Federation. The Federation; 2) the end of the last scheduled inspection by the competition authority of the person being checked. 3. Routine inspection shall be carried out not more than once every three years. The subject of a planned inspection is the compliance with the requirements of antimonopoly legislation by the person under review in the exercise of his or her activities. 4. The grounds for an unscheduled inspection are: 1) materials received from law enforcement agencies, other state bodies, local government bodies, and public associations and pointing to signs anti-monopoly laws; 2) communications and statements by natural persons, legal entities, media reports showing signs of violation of antimonopoly law; 3) of the Regulation on the Implementation of the Cases of violation of antitrust laws. 5. The subject of an exceptional check shall be the compliance with the requirements of the antimonopoly legislation by the person under review in the performance of his or her activities or, if the basis of the inspection is part 4, paragraph 3, of this article, previously issued. 6. The inspection shall be carried out in accordance with the order of the head of the antimonopoly body. 7. The order of the head of the competition authority to carry out the inspection should include the following information: 1) the name of the antimonopoly authority; 2) the names, names, patronymic, or official position of the official, (a) The name of the individual or the name, the name of the individual, the identity of the individual and the identity of the individual. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \field { \field { \field { \ holding; 5) legal basis for checking; 6) the timing and list of controls required to achieve the goals and objectives of the review; 7) a list of administrative (c) The date of commencement and completion of verification. 8. The model form of an inspection order is approved by the Federal Anti-Monopoly Authority. 9. The period of inspection shall be no more than one month from the date of commencement of the inspection specified in the order, on the date of transfer or direction by mail to the person under review. In exceptional cases, on the basis of reasoned proposals of the officials conducting the review, the period may be extended for two months by the head of the competition authority. 10. The reason for the extension of the inspection is the need to carry out expert examinations, studies, tests, translation into Russian of the documents submitted by the person in question in a foreign language and other necessary documents. It is impossible to assess the compliance of the activity of the person under review with the requirements of the antimonopoly legislation. The procedure for extending the period of inspection shall be established by the Federal Anti-Monopoly Authority. 11. In the framework of the inspection, the authority is entitled to inspect the activities of the structural units of the person under review, including branches and representative offices. 12. The person who is examined shall be notified of the scheduled inspection not later than three working days prior to the start of the inspection, by sending a copy of the order of the head of the antimonopoly body to carry out the check by registered mail Notice of delivery or otherwise available. The person examined shall be notified of an unscheduled inspection at least twenty-four hours in advance of the inspection. This provision does not apply to unscheduled inspections of compliance with the requirements of article 11 of this Federal Law. "; 20) to supplement article 25-2 as follows: Article 25-2. Access by officials of the competition authority of the authority to the territory or to the premises for the check 1. Access by officials of the competition authority conducting the inspection to the territory or premises of the person under review shall be subject to the authority of these officials and the authority of the head of the competition authority; to verify the person being verified. The access of the verification officials to the dwelling of the person being verified shall not be permitted. 2. In the case of obstructing the access of officials of the competition authority conducting the inspection to the territory or premises of the person being examined, the officials shall prepare an act in accordance with the procedure established by the Federal Antimonopoly Authority. If the person under review refuses to sign the said act, a record shall be made. 3. The form of the act is approved by the Federal Anti-Monopoly Authority. "; 21) to supplement article 25-3 as follows: " Article 25-3. Inspection 1. The officials of the competition authority conducting the inspection shall have the right to inspect the territories, the premises (with the exception of the dwelling of the person being checked), documents and objects, in order to determine the circumstances relevant for the completeness of the inspection. the person to be checked. 2. The examination shall be entitled to the participation of the person under examination, his representative, as well as other persons engaged by the competition authority in the verification of the person. The inspection shall be carried out in the presence of at least two witnesses. Individuals who are not interested in the outcome of the case may be called as witnesses. Sponson-in-law officers of the competition authority are not allowed to participate. In the event that special knowledge is required for the examination, specialists and (or) experts may be involved at the initiative of the competition authority. 3. Where necessary, photographs and filmmaking, video recordings and copies of documents shall be made available during the inspection. 4. A protocol shall be drawn up on the basis of the inspection. The form of the protocol is approved by the Federal Antimonopoly Authority. "; 22) to be supplemented by Article 25-4 as follows: " Article 25-4. { \b } { \b } { \b } { \b } { \b The officials of the competition authority conducting the verification shall have the right to request the persons to inspect the documents and information by way of handing over the documents and information to the person under review, to the representative of the verified person Requirements for the submission of documents and information. The form of the request for documents and information is approved by the Federal Anti-Monopoly Authority. 2. The Claimed documents are submitted in the form of copies, certified in accordance with the procedure established by the law of the Russian Federation. If necessary, the officials of the competition authority conducting the inspection are entitled to familiarize themselves with the original documents. 3. The documents and information which have been claimed in the course of the inspection shall be submitted within three working days of the date of delivery of the claim. If the person under review is unable to submit the documents and information claimed for three working days, it shall notify the person within the day following the day of receipt of the requirement of the submission of documents and information. Written form of the officials of the authority conducting the verification of the impossibility of submission of documents and information on the basis of the reasons for which they cannot be submitted within the prescribed time limit and the period of time in which they are not available. (a) The period under which the person under review may submit the documents and information claimed. Within two working days from the date of receipt of such notification, the official of the competition authority, on the basis of that notification, shall, in accordance with the procedure established by the Federal Competition Authority, take a reasoned decision to establish a new one. The date of submission of documents and information or takes a reasoned decision to refuse to extend the period, specifying the grounds for refusal. A copy of the decision certified in accordance with the established procedure shall be communicated to the person under review by any means available. 4. The refusal of the person to be examined from the submission of the documents and information requested in the course of the examination or the failure to submit them in due time shall entail liability in accordance with the law of the Russian Federation. "; 23) add the following article 25-5: " Article 25-5. The general requirements for the protocol that was drawn up during antitrust enforcement control 1. In the cases provided for by this Federal Law, protocols are drawn up in the conduct of antimonopoly control (hereinafter referred to as "action"). These protocols shall be made available in Russian. 2. The protocol specifies: 1) the content of the action; 2) the location and date of the action; 3) the start and end times; 4) the position, last name, first name, patronymic of the person who wrote (...) (...) (...) 6) the content of the action, the sequence of their actions; 7) Significant facts and circumstances identified in the conduct of action. 3. The Protocol is read by all persons involved in the conduct of the acts and present. These persons are entitled to make comments to the record. 4. The Protocol is signed by the authority of the authority of the antimonopoly authority and by all the persons involved in the conduct of the acts and present. A copy of the record shall be presented or sent by registered notice of service to the person being checked. 5. Photographic images and negatives, films, videos and other materials carried out in the course of action are annexed to the protocol. "; 24) to supplement article 25-6 as follows: " Article 25-6. Validation of the test results 1. The verification results in an act, a copy of which is given or sent by mail by registered letter of delivery to the person under review, to his or her representative. 2. The form of the act is approved by the Federal Antimonopoly Body. 3. The results of the inspection, which contain information constituting a State, commercial, official or other secret protected by law, shall be executed in accordance with the requirements laid down in the legislation of the Russian Federation. "; 25) in the article 27: (a) in Part 1: , in paragraph 1, the words "the date of notification" should be replaced by the words "the date of the merger of such commercial organizations"; , in paragraph 2, the words " the accession of a commercial organization (except for organization) "shall be replaced by the words". several commercial organizations (excluding financial organizations) "; , in paragraph 3, replace the words" accession of the financial organization "with the words" accession by one or more financial organizations "; paragraph 4 be restated: " (4) the establishment of a commercial organization if its authorized capital is paid by shares (shares) and (or) property (excluding monetary funds) of another commercial organization (excluding financial assets). the organization) or the established commercial organization acquires shares (shares) and (or) property of the other business entity (excluding financial organization) on the basis of the transfer act or the division balance and with respect to the shares (shares) and (or) of the property (excluding cash) Acquits rights under article 28 of this Federal Act and, at the same time, the total value of assets on the last balance of the founders of the established business organization (s) and persons (their groups of persons), shares (shares) and (or) property (except cash) to be made as a contribution to the authorized capital created by a commercial organization, exceeding seven billion rubles, or the total revenues of the founders of the created commercial organization (their groups of persons) and persons (their groups of persons), shares (shares) and (or) the property of which are made as a contribution to The authorized capital of the commercial organization, from the sale of goods over the last calendar year exceeds 10 billion rubles, or if the organization, shares (shares) and (or) property (except cash) is made in the quality of the contribution to the charter capital, included in the register; "; b) Part 2 was revised to read: " 2. The requirement of prior consent of the antitrust authority provided for in part 1 of this article shall not apply if the actions referred to in part 1 of this article are carried out by persons in the same group persons on the grounds provided for in article 9, paragraph 1, of this Federal Act, or if the transactions referred to in part 1 of this article are subject to the conditions laid down in article 31 of this Federal Law, or if by the President of the Russian Federation or By the acts of the Government of the Russian Federation. "; 26) in article 28: (a) in Part 1: the first paragraph should read: " 1. In the event that the total value of the assets is the latest balance of the person acquiring the shares (shares), the right and/or property and its group of persons and persons, shares (shares) and (or) the property of which and (or) the rights in respect of which the property is acquired and its group The sum of the assets of the company is more than seven billion rubles, or if their total revenue from sale of goods in the last calendar year exceeds ten billion rubles, while the total value of assets on the last balance of the person, share (shares) and (or) property of which (or) the rights in respect of which it is acquired and his or her group exceeds two hundred Fifty million roubles, or if one of the listed individuals is included in the registry, the following transactions with shares (shares), rights and (or) property shall be carried out with the prior consent of the authority: "; in paragraph 1 of the word" less than by twenty-five per cent "shall be replaced by" not more than twenty-five per cent "; paragraph 7 should read: " 7) acquisition, use or possession of a business entity (group of persons) production of property, plant and equipment (excluding land plots) of industrial buildings, buildings, structures, premises and parts of the premises, construction in progress) and (or) intangible assets of the other entity (excluding the financial organization), if the balance sheet The value of the property, which is the subject of a transaction or related transactions, exceeds twenty per cent of the book value of the fixed assets and intangible assets of the entity exercising alienation or transfer property; "; b) Part 2, as follows: editions: " 2. The requirement of prior consent of the antitrust authority provided for in paragraph 1 of this article shall not apply if the transactions referred to in part 1 of this article are carried out by persons belonging to one group of persons pursuant to article 9, paragraph 1, of this Federal Act, or if the transactions referred to in Part 1 of this article are subject to the conditions laid down in article 31 of this Federal Law, or if they OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Government of the Russian Federation, or if the transactions are carried out in respect of shares (shares) of the financial organization. "; 27) in article 29: (a) in paragraph 1 of Part 1, replace by" less than twenty-five per cent " more than twenty-five percent "; b), Part 2, as follows: " 2. The requirement of prior consent of the antitrust authority provided for in paragraph 1 of this article shall not apply if the transactions referred to in part 1 of this article are carried out by persons belonging to one group of persons pursuant to article 9, paragraph 1, of this Federal Act, or if the transactions referred to in Part 1 of this article are subject to the conditions laid down in article 31 of this Federal Law, or if they OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Government of the Russian Federation. "; 28) (Spated by Federal Law of 28.12.2013). N 423-FZ) 29) in article 31: (a) in the first part of Part 2, the word "ten days" should be replaced by "14 days"; b) to be supplemented by Part 5, to read: " 5. In the event of the fact that the information provided on persons belonging to the same group is not reliable, the Federal Anti-Monopoly Office withdraws from the official website of the Federal Antimonopoly Authority. of the specified site. "; 30) in article 32: (a) Part 1, as follows: " 1. In order to obtain the prior consent of the competition authority in the cases referred to in articles 27 to 29 of this Federal Act or to notify the authority in the cases referred to in articles 30 and 31 of this Federal Act, The applicant is referred to: (1) persons acting in accordance with article 27 (1) (3) (3) of this Federal Law; (2) of the person or persons who make a decision on Establishment of a commercial organization in the cases referred to in paragraphs 4 and 5 of Part 1 Article 27 of this Federal Law; 3) persons who purchase shares (shares), property, assets of economic entities, right of economic entities as a result of transactions covered by articles 28 and 29 of the present Federal law; 4) persons who have the obligation under articles 30 and 31 of this Federal Act to notify the competition authority for transactions, other acts. "; b) Part 2, set out in reading: " 2. The persons referred to in paragraphs 1 to 3 of part 1 of this article shall submit to the antitrust authority petitions for consent to transactions, other actions. "; in Part 5, as follows: " 5. At the same time as the application or notification of the transactions, other actions subject to State control, the competition authority submits: 1) notarized copies of the applicant's constituent documents- The legal person or surname, first name, patronymic of the applicant-natural person and the data of the document certifying his or her identity (series and/or document number, date and place of issuance, the issuing authority), as of the date of submission of the document Applications or notifications; 2) documents and/or information, defining and content of transactions, other actions subject to State control; (3) the type of activity carried out by the applicant within two years prior to the date of submission of the application or for the duration of the activity, if it is less than two years, as well as copies of the documents confirming the right to carry out the activities, if, in accordance with the law of the Russian Federation, they require special authorizations; 4) The particulars of the types of produce, the volume of products produced by the applicant within two years preceding the date of submission of the application or notification, or during the period of performance, if any in less than two years, with the indication of the nomenclature of the nomenclature; 5) the information available to the applicant relating to the main activities of the persons referred to in articles 27 to 30 of this Federal Act, on the names of the products, Volume of products manufactured by such persons within two years, Prior to the date of submission of the application or notification, or for the duration of the activity, if it is less than two years, with the indication of the product range or written statement that the applicant No such information is available; 6) the claimant's balance sheet as at the last reporting date, prior to the date of submission of the requested application or notice; 7) the balance sheet value of the claimant and its group of persons; 8) summary The carrying amount of the assets of the person, the stock (s), the property and/or the assets of which and (or) the rights in respect of which the claimant is entitled, and his or her group, in writing that the applicant does not have such information; 9) Financial and economic and other accounts of the applicant submitted to the Central Bank of the Russian Federation and to the regulation of the financial services market by the federal executive authorities, if the applicant is financial organization; 10) submitted to the Central Bank of the Russian Federation The Federation and the Regulation on the Financial Services Regulatory Authority of the federal executive branch, if shares (shares), property and (or) assets of the financial institution and (or) the right to it are acquired, financial-economic and other The accounts of the individual, the shares (shares), property and/or assets of which and (or) the rights in respect of which are acquired; 11) a list of business organizations, more than five per cent of the shares (shares) of which the applicant is in any position or written statement that the applicant is not disposed of shares (shares) of business organizations; 12) list of business organizations that manage on any basis more than five per cent of the applicant's shares (share); 13) list of persons in one group of persons by the applicant, specifying the grounds on which such persons are part of the group; 14) a list of persons belonging to one group of persons with the other persons referred to in articles 27 to 30 of this Federal Act, specifying the grounds on which such persons form part of this group or a written statement that the claimant is a member of the group The information is not available; 15) information on persons who are in possession of more than five per cent of the applicant's shares (shares) by their nominal holders, including those registered in the State, which provides preferential tax treatment and (or) legislation that does not provide for the disclosure and provision of information on the legal person (offshore zones). "; ), to be completed by Part 5-1, as follows: " 5-1. In the event that the necessary documents and particulars referred to in paragraph 5 of this article are not fully submitted, the request shall be deemed to be unsubmitted, and the authority shall notify the applicant within 10 days. At the same time, the period of retention by the antimonopoly authority of the submitted documents, during which the applicant is entitled to claim them, shall be fourteen days from the date of receipt by the claimant of the notification. "; d) to be completed by Part 8 of the following Content: " 8. In case a transaction otherwise requires the prior consent of the competition authority or its subsequent notification on several grounds referred to in articles 27 to 31 of this Federal Act, the transaction shall be subject to another procedure. In one application or one subsequent notification. "; (31) in article 33: (a) Part 1, in addition to the words" indicating the reasons for its adoption "; (b), paragraph 5, paragraph 5, should read as follows: " 5) denying the application if the transaction is different The action taken in the application will or may result in the restriction of competition (including as a result of the emergence or strengthening of the dominant position of the applicant or the dominant position of the person to be created as a result of (a) Implementation of the Convention on the Law of the Sea, the Convention on the Law of the Sea, and of the If the applicant is not provided with the available and the requested The antimonopoly authority, in the absence of which no decision may be taken to limit competition or not to restrict competition on the application in question; "; in Part 7, amend to read: " 7. The decision in paragraph 4 of part 2 of this article to grant a request for consent to a transaction, another act and the simultaneous issuance of an order is made by the antitrust authority in the event that the request for consent is granted. application of the transaction, other action will or may lead to restriction of competition. "; 32) in article 39: (a) Part 2, add the following: " 5) the result of the test in which Violations of antitrust laws by commercial entities organizations, not-for-profit organizations, the federal executive authorities, the State authorities of the constituent entities of the Russian Federation, local authorities, other bodies exercising the functions of these bodies, or by organizations, public extrabudgetary funds. "; b) to add the following sentence to the following sentence:" The Federal Antimonopoly Authority may consider the case regardless of where the violation occurred or where it occurred The location or residence of the person in respect of whom a declaration or material. "; 33) Part 3 of article 41 to supplement paragraph 5 with the following: " 5) conclusions in cases of violation of antitrust laws made on the basis of the circumstances established in the course of The competition authority's analysis of the state of competition, with the exception of cases for which such analysis is not mandatory. "; 34), to supplement article 41 to 1 as follows: " Article 41-1. The statute of limitations of the case of the violation of the antimonopoly legislation case of a violation of the antitrust law may not be opened and opened up to three years after the expiry of three years. The commission of a violation of the antimonopoly law, and with the continuing violation of antitrust law-from the day of the end of the violation or its detection. "; 35) to supplement article 47-1 as follows: " Article 47-1. Consolidation or separation of cases of violation of the antimonopoly legislation 1. The Antimonopoly Authority, at the request of the persons involved in the case, or on its own initiative in accordance with the procedure established by the competition authority, for the purpose of a full, comprehensive and objective review of cases, is entitled to combine two or more cases Cases of violation of the antimonopoly legislation, as well as single or several cases. 2. The association of cases in one proceeding or the allocation of a case to a separate proceeding by the competition authority shall be determined. 3. The composition of the commission for the review of joint or allocated cases shall be determined by the order of the competition authority. "; 36) Part 2 of article 48 should be supplemented with the following sentence:" In case the case is terminated in the case of In accordance with paragraph 1 of part 1 of this article, the operative part of the decision to discontinue the case shall contain information on the finding of a violation by the respondent or the respondents of the antimonopoly law. "; 37) Article 49 should be supplemented with the following sentence: " Date of manufacture. The decision is considered to be in full by the date of its adoption. "; 38) in article 51: (a) of Part 4, in addition to the following sentence:" Failure to comply with the said requirement is a breach of the antitrust in legislation. "; b) to supplement parts 5 to 7 as follows: " 5. The period of enforcement of the violation of the antimonopoly law may be extended by a commission of not more than six months on the basis of a reasoned application of the defendant, the defendants, if the reasons given in the application are found to be respectful. An application for an extension of such an order shall be made to the competition authority not later than twenty working days before the expiry of the period of execution. 6. The extension or refusal to extend the order is signed by the chairperson and members of the commission and, within ten working days of the receipt of the request, shall be sent to the respondent, the defendants in the mail order. A letter with a notification of delivery or shall be given to their representatives under receipt. 7. In the case of the defendant, the defendants in the case of administrative liability for failure to comply with the order, within five working days from the date of the imposition of the administrative penalty, the determination is made The establishment of new dates for the execution of the previously issued requirement. Such a definition shall be signed by the chairperson and members of the commission and shall be sent by registered mail by registered letter with a notice of service, or shall be issued to the respondent, the respondents or their representatives. "." Article 2 class="ed"> (Overtaken by Federal Law of 25.11.2009) EN 281-FZ) Article 3 Article 13-1 of the Law of the Russian Federation of 21 February 1992 No. 2395-I "On Subsoil" OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 823; 2000, N 2, sect. 141; 2004, N 35, sect. 3607; 2008, N 18, article (1941) To supplement the eleventh to thirteen parts of the following content: " The announcement of a tender or auction for the right to use subsoil plots is placed on the official website of the Russian Federation on the Internet for The auction will be held at least 90 days before the day of the tender for the right to use subsoil areas or at least 45 days before the day of the auction for the right to use the subsoil. The Government of the Russian Federation shall determine the official website and the authority authorized to do so. Prior to the determination of the official website by the Government of the Russian Federation, the announcement of a tender or auction for the right to use subsoil plots is placed on the official websites of the bodies referred to in the first part of this article in the network The Internet. Information contained in the announcement of a tender or auction for the right to use subsoil sites and placed on an official site should correspond to the information contained in the announcement of the tender or auction The right to use subsoil plots published in the Russian mass media and published in the territories of the relevant constituent entities of the Russian Federation. ". Article 4 Item 12 Part 1 of article 2 of the Federal Law dated 20 April 1995 N 45-FZ " On the State protection of judges, law enforcement officials and regulatory authorities " (Russian legislature's Legislative Assembly Federation, 1995, No. 17, sect. 1455; 1998, N 30, sect. 3613; 1999, N 2, stop. 238; 2000, N 10, est. 1067; 2001, N 49, sect. 4566; 2002, N 50, st. 4928; 2003, N 27, sect. 2700; 2004, 27, sect. 2711; N 35, sect. After the words "customs and tax authorities," read "antitrust authorities,". Article 5 (Spaced by Federal Law dated 23.06.2014 N 171-FZ) Article 6 Part 6 of Article 46-3 of the Urban Code of the Russian Federation (Legislative Assembly Russian Federation, 2005, No. 16; 2006, N 52, sect. The following text is to be read: " 6. Notice of the auction shall be published by the auction organizer in accordance with the procedure established for the official publication of the municipal legal acts and other official information, and is posted on the official website of the Russian Federation on the web. Internet for posting information on tendering (hereinafter referred to as the official site) at least thirty days before the day of the auction. The Government of the Russian Federation shall determine the official website and the authority authorized to do so. Prior to the Government of the Russian Federation, the official website of the auction is posted on the official website of the municipal education on the Internet or in the event of the absence of an official site on the official site of the auction. The official website of the constituent entity of the Russian Federation, where such municipal education is located, is on the Internet. Information about holding the auction should be available to all interested parties without charge. ". Article 7 (Spent out-Federal Law dated 05.04.2013. N 44-FZ) Article 8 Part 3 of Article 21 of the Federal Act of 21 July 2005 THE RUSSIAN FEDERATION 3126; 2008, N 27, sect. 3126), amend to read: " 3. When holding an open competition, the information and protocols of the tender commission provided for in articles 24-26, 28, 29, 31, 33-35 of this Federal Law are to be placed on the official website of the Russian Federation on the Internet for accommodation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Prior to the Government's determination of the official website, the information and protocols of the tender commission shall be placed on the official website of the assignor or if the municipal entity does not have an official Internet site, The official website of the constituent entity of the Russian Federation, within the boundaries of which municipal education is located, is on the Internet. Information on open competition should be made available to all interested persons without charge. ". Article 9 Article 79 (3) Forest Code of the Russian Federation, 2006, N 50, p. 5278; 2008, N 20, 100 2251; N 30, sect. 3599; 2009, N 11, stop. Amend the text as follows: " 3. Notice of the auction for the sale of the right to conclude a contract for the lease of a forest land in the state or municipal property or the right to conclude a contract for the sale of forest plantations is published The organizer of the auction in the periodical publication, defined by the supreme executive authority of the constituent entity of the Russian Federation or the head of municipal education, in the territory of which the forest area is located (hereinafter referred to as "the periodical"). on the official website of the Russian Federation Internet for auction information (hereinafter referred to as the official site) at least sixty days before the day of the auction for the sale of the right to conclude a lease on a forest site or at least fifteen days before the day Auction of the sale of the right to conclude a contract for the sale of forest plantations. The Government of the Russian Federation shall determine the official website and the authority authorized to do so. Pending the determination of the official site by the Government of the Russian Federation, the auction notice is posted on the official website of the auction organizer on the Internet. Information about holding the auction should be available to all interested parties without charge. ". Article 10 Amend Federal Law N 294-FZ " On protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal of the Russian Federation. 6249; 2009, N 18, sect. 2140) the following changes: 1) in article 1: a) in Part 1 of the word "rights of legal persons," to read "the rights of legal persons in their business and"; (b) Part 3 after the words "compliance with the requirements of the state control (supervision), the municipal control authorities," to add the words " to the actions of the state control bodies (supervision) in the direction of requests for information necessary for of the Russian Federation Federation, monitoring of foreign investments, monitoring of economic concentration, market analysis, in determining the state of competition, "; in), after the words" in the field of migration, "to add" control " In the area of advertising, "; 2) part 16 of article 10, after the words" in paragraph 2 of Part 2 of this article, "to be supplemented by the words" and an off-site inspection for compliance with the requirements of article 11 of the Federal Act of 26 July 2006 N 135-FZ " Protection of competition ",". Article 11 1. This Federal Law shall enter into force 30 days after its official publication, with the exception of article 4 of this Federal Law. 2. Article 4 of this Federal Law shall enter into force on 1 January 2010. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 17 July 2009 N 164-FZ