Federal Law On Amendments to Federal Law "On Competition Protection" and separate pieces Acts of the Russian Federation Accepted State Duma of the Russian Federation on September 30, 2015 Approved by the Federation Council on September 30, 2015 Article 1 Article 1 Article 1 Article 1 Amend the federal law dated July 26, 2006 N 135-FZ " About protection Competition Law of the Russian Federation, 2006, N 31, Art. 3434; 2007, N 49, sect. 6079; 2008, N 18, sect. 1941; 27, sect. 3126; N 45, sect. 5141; 2009, N 29, est. 3601, 3610; N 52, st. 6450, 6455; 2010, N 15, st. 1736; N 19, est. 2291; N 49, sect. 6409; 2011, N 10, sect. 1281; N 27, sect. 3873, 3880; N 29, st. 4291; N 30, est. 4590; N 48, st. 6728; N 50, st. 7343; 2012, N 31, est. 4334; N 53, sect. 7643; 2013, N 27, sect. 3436, 3477; N 30, est. 4084; N 44, est. 5633; N 51, sect. 6695; N 52, sect. 6961, 6988; 2014, N 23, st. 2928; N 30, sect. 4,266; 2015, N 27, est. 3947; N 29, st. 4339, 4342, 43, 4350, 43-76), the following changes: 1) to add the following content to Part 3: " 3. The provisions of this Federal Act do not apply to the relations regulated by the uniform rules of competition in cross-border markets, the enforcement of which is within the competence of the Eurasian Economic Commission in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION The criteria for placing the market in a transboundary movement are established in accordance with the international treaty of the Russian Federation. "; (2) in article 4: (a) in paragraph 19 of the word" goods. Not a "vertical" agreement of agency contract; "to replace" goods; "; b) to supplement paragraph 23 with the following: " 23) the consumer is a legal person or a natural person purchasing goods. "; (3) In article 5: (a) in Part 2, the words ", 6 and 6-1" shall be replaced by the words "and 6"; (b) parts 6 to 1 and 6 to 2 shall be declared void; 4) in article 9, paragraph 1: (a), paragraph 2 should read as follows: " (2) A legal person exercising the functions of the sole executive organ of this person or legal entity; "; (b) paragraph 4, amend to read: " (4) Legal entities in which more than fifty per cent of the membership of the collegiate executive body; and (or) the board of directors (supervisory board, fund board) shall be the same physical persons; "; 5) in the title of Chapter 2 the words" activities. Unfair competition "shall be replaced by the word" activity "; 6) in article 10: (a) paragraph 1 of Part 1, after the words" other persons ", add the words" (business entities) in the field of business or an indeterminate circle of consumers "; b) to supplement parts 5 to 7 as follows: " 5. In the event of the abuse of a dominant position by an enforceable decision of the competition authority, in order to prevent the creation of discriminatory conditions of the rule of non-discrimination, Access to goods produced and (or) sold by a dominant entity that occupies a dominant position and is not the subject of a natural monopoly, the share of which is more than 70 per cent in the relevant product market, by the Government of the Russian Federation The Federal Antimonopoly Authority, in coordination with the Central Bank of the Russian Federation, approves non-discriminatory access to the services of financial organizations under the supervision of the Central Bank of the Russian Federation. The specified rules should contain: 1) a list of products to which non-discriminatory access is granted; 2) a list of information to enable the participants to compare the goods in question market conditions for the circulation of goods in the commodity market and other necessary for access to the commodity market and (or) circulation of goods in the commodity market of essential information; 3) the disclosure order of item 2 of the present part, including the goods, the value of the goods or the principles Definition of the price of the goods and its payment, the possible production or sale of these goods, the technical and technological possibilities of providing these goods; 4) significant contract terms and (or) model treaties on Access to goods; 5) how to identify consumers who are required to service, establish a minimum level of provision and order of access to goods in the event of impossibility Satismeeting the full demand for goods, taking into account the need to protect rights and the legitimate interests of citizens, the security of the state, the protection of nature and cultural property. 6. The rules provided for in Part 5 of this article may contain a condition for the compulsory sale of the goods at the auction. 7. Rules of non-discriminatory access to services provided by the operator of the national payment card system, operators of payment infrastructure services of the national payment card system, operator of payment system of the Central Bank of Russia The Federation, operator of payment infrastructure services of the Central Bank of the Russian Federation, is determined in accordance with the procedure established by the Federal Law On the National Payment System. "; 7) in Article 11: a) in the first part 1 after the words "goods market," with the words " or between business entities that purchase goods on the same product market, "; b) should be supplemented with Part 10, as follows: " 10. The requirements of this article shall not apply to agreements on joint activities with the prior consent of the authority obtained in accordance with the procedure established by chapter 7 of this Federal Law. "; 8) Article 12, paragraph 2, of the words "any commercial market" shall be replaced by the words "goods market of goods subject to a vertical" agreement "; (9) in article 13: (a), part 1, after the words" Articles 27 to 29 of this Federal Law, " in addition to the words " as well as the agreements on joint activities, concluded between business entities-competitors, "; b) part 1-1, to declare invalid; in) in the first part of Part 2, the words" in Parts 2-5 "should be replaced by the words" in Parts 2 to 4 "; 10), article 14 should be accepted , which has no effect; 11) to supplement Chapter 2-1 as follows: " Chapter 2-1. Unfair competition Article 14-1. Prohibition of unfair competition through discrediting It is not possible to discredit unfair competition by discrediting, i.e. spreading false, inaccurate or distorted information that may cause loss business entity and (or) damage its business reputation, including with respect to: 1) the quality and consumer properties of the goods offered for sale to other economic entities by the competitor, the destination of such goods, the modalities and conditions of its manufacture or use, of the results expected from the use of such a commodity, its suitability for certain purposes; (2) the quantity of the goods offered for sale by another economic entity, the competitor, the availability of such goods in the market, and the possibilities of its acquisition on certain the conditions, the actual demand for such goods; (3) the conditions on which the goods are offered for sale by another competitor, in particular the price of the goods. Article 14-2. The ban on unfair competition through misrepresentation Misleading competition by misleading, including with respect to: 1) the quality and consumer properties of the goods, the proposed sale, destination, manner and condition of its manufacture or use, the results expected from the use of such a commodity, its suitability for certain purposes; (2) the quantity of goods proposed for the availability of such goods on the market, the possibilities of acquiring such goods on the market under certain conditions, actual demand for such goods; 3) the place of production of the goods offered for sale, the manufacturer of such goods, the warranty obligations of the seller or the manufacturer; 4) of the conditions under which The goods are offered for sale, in particular the price of such goods. Article 14-3. Prohibition of unfair competition by incorrect comparison Unfair competition is not allowed by incorrect comparison of a business entity and (or) its product with other economic entities by a competitor and (or) its product, including: 1) compared to another economic entity, a competitor and (or) its product by using the words "best", "first", "number one", "alone", "only", "single", other words, or of symbols giving the impression of superiority of the goods and/or subject, without specifying specific characteristics or comparison parameters that have objective evidence, or if the assertions that contain the specified words are false, inaccurate or distorted; 2) compared to the other a business entity, a competitor and a (or) goods in which there is no specification of specific characteristics or parameters, or the results of the comparison cannot be objectively verified; 3) compared to other business entities competitor and/or its product based solely on A slight or incomparable fact and a negative assessment of the activity of a business entity, a competitor and (or) its product. Article 14-4. Prohibition of unfair competition, related to the acquisition and use of the exclusive right to the means individualization of a legal person, means individualization of goods, works, or Services 1. Unfair competition involving the acquisition and use of the exclusive right to the individualization of a legal person, the individualization of goods, work or services is not permitted (hereinafter referred to as individualization). 2. The decision of the antimonopoly body to breach the provisions of Part 1 of this article with respect to the acquisition and use of the exclusive right to a trademark is transmitted by the person concerned to the federal executive authority Intellectual property in order to invalidate the provision of legal protection to the trademark. Article 14-5. Prohibition of unfair competition, resulting from the use of the results Smart Activity No unfair competition is allowed by the commission of the business entity. Sales, exchange or other introduction to the turnover of the goods if the results of the intellectual activity were used illegally, with the exception of the means of individualization owned by a competitor. Article 14-6. Prohibition of unfair competition, related to blending Unfair competition is not allowed by the commission of actions (inaction) that can cause confusion with activities of a business entity, a competitor, or with goods or services entered into by a business competitor in the territory of the Russian Federation, including: (1) illegal use of the symbol, trade mark, trade name, commercial Name, place of origin of the goods of the business entity or similar to the place of mixing, by placing them on the goods, labels, packages or otherwise in relation to the goods that are sold In other ways, they are being introduced into the territory of the Russian Federation, as well as through its use in the Internet and telecommunications network, including placement in the domain name and other means of addressing; 2) copying or simulating the appearance of a product turnover of the economic entity-a competitor, packages of such goods, its labels, names, colour schemes, the corporate style in general (in the aggregate of the clothing, the presentation of a trading hall, shop windows) or other elements that are individualistic of a business entity is a competitor and/or its product. Article 14-7. Prohibition of unfair competition related to illegal receipt, use, disclosure of information constituting a commercial or other secret Not Unfair competition involving the illegal receipt, use or disclosure of information constituting a commercial or other legally protected secret, including: 1) obtaining and using the said information of information to which another economic entity is a holder of competitor, without the consent of the person who has the right to dispose of; 2) the use or disclosure of the said information, the holder of which is another economic entity, the competitor, as a result of the violation of the terms of the contract with by a person who has the right to dispose of; 3) the use or disclosure of the said information, the holder of which is another economic entity, the competitor, and which is obtained from a person who has or had access to the said information As a result of official duties, if not expired The statutory or statutory period of her non-disclosure. Article 14-8. Prohibition of other forms of unfair competition No other forms of unfair competition are permitted, in addition to articles 14-1-14 of this Federal Law. "; 12) paragraph 1, paragraph 1, of the article 17 complete the words ", as well as the conclusion of agreements between the bidding organizers and the (or) customers with the bidders, if such agreements are intended or may lead to a restriction of competition and (or) creation priority conditions for any participants, unless otherwise provided of the Russian Federation "; 13) in article 18: (a) paragraph 3 of Part 1, paragraph 3, shall be deleted; b) in paragraph 2 of Part 2 of the word" Russian or international " delete; c) to be supplemented by Part 2-1 , to read: " 2-1. When holding an open competition or open auction in accordance with the requirements of this article, the federal executive body, the executive body of the constituent entity of the Russian Federation, the local government, and the State administration The extrabudgetary fund is entitled to establish higher requirements for the assessment of the financial stability and solvency of the financial organization, defined in accordance with the indicators provided for in the legislation of the Russian Federation and established financial, economic and other reporting OF THE PRESIDENT OF THE RUSSIAN FEDERATION The federal executive body, the executive branch of the constituent entity of the Russian Federation, the local government body, the State extrabudgetary fund has the right to determine the requirement of a certain rating of rating agencies, of the Russian Federation, accredited in accordance with the procedure established by the legislation of the Russian Federation, only if the financial organization does not meet the higher requirements for assessing its financial stability and capacity to pay. "; 14) article 23: a) in Part 1: clause 4-1 after words " to supplement the words of the federal executive authorities, the authorities of the constituent entities of the Russian Federation, the local self-government bodies and the organizations participating in the provision. State or municipal services, State extrabudgetary funds, "; paragraph 8 restated as follows: " 8) maintains a register of persons brought to administrative responsibility for violation of antitrust Legislation. The information included in the register is not subject to publication in the media and in the Internet. The formation and maintenance of the registry shall be established by the Government of the Russian Federation; "; to supplement paragraph 12-1 as follows: " 12-1) monitors the supply and use of of State or municipal preferences; "; b) to be supplemented with Parts 3 to 16 as follows: " 3. In order to deal with the matters referred to in Part 4 of this article, the Federal Antimonopoly Authority shall form collegial bodies which shall be approved by the head of the Federal Antimonopoly Authority. 4. Collegial organs: 1) review and provide explanations on the application of antimonopoly authorities to antimonopoly authorities; 2) review the decisions and (or) the requirements of the territorial bodies of the Federal Antimonopoly Authority (hereinafter referred to as the territorial competition authority) in cases of violation of the antimonopoly legislation in the event that such decisions and (or) orders violate uniformity in the law. Anti-Monopoly Law Enforcement Agencies Legislation. 5. For review of decisions and (or) requirements of territorial competition authorities in cases of violation of antitrust laws against organizations-operators of payment systems, operators of payment infrastructure The implementation of their activities in accordance with the Federal Law "On the national payment system", as well as financial organizations under the supervision of the Central Bank of the Russian Federation, the collegiating body includes representatives The Central Bank of the Russian Federation, which is half of the members of a collegial body. 6. Persons who participated in the case of violation of the antitrust law submit a complaint against the decision and/or the order of the territorial competition authority to the Federal Anti-Monopoly Authority, which violate the uniformity of application Antimonopoly authorities of the antimonopoly legislation, within one month from the date of the decision or the issuance of the order. 7. Persons who participated in the case of violation of the antimonopoly law, the territorial competition authority is notified of the progress of the complaint against the decision and/or the order of the territorial competition authority and the results of its examination. by posting relevant information on the official website of the Federal Antimonopoly Authority in the Internet Information and Telecommunications Network. 8. The decision on the complaint shall be made by a collegial body within two months from the date on which it is received. The time limit may be extended if the need for further study of the documents (information) necessary to deal with the complaint is identified, but not more than one month. 9. Persons who participated in the case of violation of the antimonopoly legislation, the territorial competition authority may take part in a meeting of the collegiate body on the review of the decision and/or the requirements of the territorial competition authority. Persons who participated in the case of violation of the antimonopoly legislation may participate in a meeting of the collegiate body on the review of the decision and (or) requirements of the territorial competition authority. The use of video conferencing systems, subject to their application, and if there is a technical possibility in the respective territorial competition authority to carry out a video conference call. 10. Following the examination of the complaint against the decision and/or the order of the territorial competition authority, the collegial body is entitled: 1) to leave the complaint without satisfaction; 2) to reverse the decision and/or order of territorial authority; 3) modify the decision and/or order of the territorial competition authority. 11. The grounds for the modification or cancellation of the decision of the territorial competition authority are the violation of uniformity in the application of antitrust laws by antimonopoly authorities. 12. The collegiate body has the authority to make decisions, if not less than half of its membership. 13. The decisions of the collegiate body should be motivated. 14. The decision of the collegial body resulting from the review of the decision and/or the requirements of the territorial competition authority is to be manufactured in full within five working days from the day of the reading of the operative part of the decision and Placement in a period not exceeding five working days from the date of manufacture in full on the official website of the Federal Antimonopoly Authority in the Internet Information and Telecommunications Network. 15. The decision of the collegiating body, adopted on the results of the review of the decision and (or) requirements of the territorial competition authority, shall enter into force from the moment of its placement on the official website of the Federal Antimonopoly Authority in Internet Information and Telecommunications Network. 16. The procedure for the collegiate bodies shall be determined by the Federal Anti-Monopoly Authority. "; 15) in article 25-7: (a) Part 1 after the words" the official of the economic entity "to be supplemented by the words", the federal authority THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE organization, participates in the provision of public or municipal services, the State extrabudgetary fund; b) In Part 2, the words "a public statement of the official" The person of the economic entity "shall be replaced by the words of caution to the official of the economic entity is the public statement of such person"; in) to be supplemented by Part 2-1 as follows: " 2-1. Grounds for sending a warning to the official of the federal executive, the state authority of the constituent entity of the Russian Federation, the local self-government body, the organization participating in the provision of the State or municipal services, the State extrabudgetary fund is information about the action (s) planned by such an official, capable of violating antitrust laws, if there is no basis for The initiation and review of an antitrust case "; in Part 3, the words" on the public statement by the official of an official of the intended conduct in the commodity market "shall be replaced by the words" on the existence of the grounds provided for in Part 2 or 2-1 of this Article "; Paragraph 2 of Part 4 is supplemented by the words ", by the federal executive body, the State authority of the constituent entity of the Russian Federation, the local self-government, and the organization participating in the provision of State or for municipal services, by the State extrabudgetary fund "; 16) Part 3 of article 26-1 to declare invalid; 17) in article 27: (a) the name after the words "reorganization of commercial organizations" with the addition of words ", the conclusion of agreements between by competitors for joint activity "; b) in Part 1: in paragraphs 1 and 2 of the word" or if one of these organizations is included in the register "delete; in paragraph 4 of the word", or if the organization, shares (shares) and (or) the property of which shall be made as a contribution to the authorized capital shall be included in the register " shall be deleted; to supplement paragraph 8 with the following: " 8) conclusion between economic entities-competitors of the agreement on joint activities in the territory of the Russian Federation, if the total value of their assets (their assets) "The balance exceeds seven billion rubles, or the total revenue of such entities (their groups of persons) from the sale of goods during the calendar year preceding the conclusion of the agreement exceeds ten billion rubles." 18) in the first paragraph of article 28, paragraph 1, of the words " or if one of the of these persons on the registry "delete; 19) in article 32: (a) in paragraph 1 of Part 1, the words" 6 and 7 "shall be replaced by" 6-8 "; b) to be supplemented by Part 3-1, reading: " 3-1. An application or notification may be submitted to the antitrust authority in an electronic form in the manner prescribed by the Federal Antimonopoly Authority. "; in) to be supplemented with Parts 9 and 10 reading: " 9. The information on the request to the antimonopoly authority to give consent to the transaction is posted on the official website of the antimonopoly body on the Internet. The persons concerned have the right to submit to the competition authority information on the impact on the competition of such a transaction, another action. 10. The persons referred to in Part 1 of this article may apply to the competition authority for information on the forthcoming transaction or otherwise before the application or notification to the competition authority. These persons have the right to submit information and documents to the antimonopoly body and to propose the conditions for competition enforcement. In exercising its powers of State control over the economic concentration, the competition authority takes into account the information and documents submitted. "; " 9-1. On the basis of article 27, paragraph 8, of this Federal Act, the parties concerned intend to enter into a joint activity agreement if the total value of their assets does not exceed the amounts stipulated in article 27, paragraph 8, of this Federal Law prior to the conclusion of such agreements have the right to submit an application for consent to the conclusion of the relevant agreement to the competition authority, which is obliged to consider the application in the manner prescribed by this article. "; 21) in article 39 (1): (a) Part 1 and Part 2, as follows: " 1. In order to prevent acts (omissions) that may or may result in the exclusion, restriction, competition and (or) infringement of the interests of other persons (business entities) in the field of business or In the interests of an uncertain circle of consumers, the competition authority issues to the economic entity, the federal executive body, the State authority of the constituent entity of the Russian Federation, the local self-government body and other implementing bodies. the functions of the said organs to the body or organization, the organization, participating in the provision of public or municipal services to the State extrabudgetary fund for the prevention in writing of the termination of acts (omissions), on the abolition or modification of acts that contain evidence of violation Antimonopoly legislation, or the removal of the causes and conditions that contributed to the violation, and measures to address the consequences of such a violation (hereinafter referred to as the warning). 2. A warning shall be issued to the persons referred to in part 1 of this article if there is evidence of a violation of article 10, paragraphs 3, 5, 6 and 8, of articles 14 to 1, 14 to -2, 14-3, 14-7, 14-8 and 15 of this Federal Law. Adoption by the competition authority of a decision to initiate a case of a violation of articles 10, paragraphs 3, 5, 6 and 8, 14-1, 14-2, 14-3, 14-7, 14-7, 14-8 and 15 of this Federal Act, without warning and until the completion of its implementation (a) "Violation of Article 10 (3) and (5) (1) of Article 10 (1), Article 10 (1), 14-1, 14-2, 14-3, 14-7, 14-8 and 15"; In the case of the violation of the antitrust law, the words "shall be replaced by the words" decision to initiate a case of breach of antitrust law within a period not exceeding 10 working days from the date of expiry of the period of warning; 22) in article 41: (a), part 1, after the word "accepts" in addition to the words "conclusion on the circumstances of the case,"; b) Part 3 should read: " 3. The decision in the case of violation of antitrust laws consists of an introductory, descriptive, motivating and operative part. "; in) to supplement Parts 3-1 to 3-4 as follows: " 3-1. The water part of the decision in the case of violation of antitrust law contains the name of the antimonopoly body, the composition of the commission, which considered the case, the case number, the date of the settlement of the operative part of the decision, the date of making the decision in full. The extent of, the place of taking of the decision, the subject matter of the case, the names of the persons participating in the case, the names of the persons present at the meeting of the commission and their credentials. 3-2. The descriptive part of the decision in the case of violation of the antitrust law should contain a summary of the claimed claims (in the event that the case is brought on the basis of the outcome of the application), objections, explanations, statements and of the persons participating in the case. 3-3. The reasons for the decision in the case of violation of the competition law must be: 1) the facts and other circumstances of the case set by the commission, including the circumstances established in the course of the commission the competition authority's analysis of the state of competition, and the circumstances established in the course of inspections of compliance with the requirements of the antimonopoly legislation; 2) the evidence on which the findings of the commission were based The circumstances of the case and the reasons for the decision, the grounds on which the commission Rejected any evidence, accepted or rejected the grounds and objections raised by the persons involved in the case; (3) the laws and other normative legal acts adopted by the commission at the time of adoption solutions. 3-4. The operative part of the antitrust decision should contain: 1) findings of whether there is no reason to discontinue consideration of the case; 2) findings of existence or absence violation of the antimonopoly law in the defendant's actions (inaction) of the defendant in the case; 3) conclusions on the existence or absence of reasons for the issuance of a prescription and a list of actions to be included in the regulation and to be carried out; (4) Conclusions on the existence or absence of a basis for acceptance by the Antimonopoly Committee by the authority of other measures to prevent and (or) remedy the consequences of violation of the antimonopoly law, to ensure competition (including grounds for filing a lawsuit, to transfer materials to law enforcement agencies, to the direction of (c) To supplement Part 7 with the following: " 7. The acts referred to in this article may be signed by the enhanced qualified electronic signature of the chairman of the commission and the members of the commission. "; 23) of article 42, part 4, shall be declared void; 24) to supplement articles 42 to 1 to read: " Article 42-1. Other persons involved in dealing with the case of breach of competition law 1. In the case of violation of the antitrust law, the commission may, at the request of the persons involved in the case or on its own initiative, involve experts, interpreters, and persons who have information about the cases in question. Commission of the circumstances. Experts, interpreters, as well as persons who have knowledge of the circumstances under consideration by the Commission are not persons involved in the case. 2. An expert employed by the commission in the case of a violation of the antitrust law is a person with specialized knowledge of matters relating to the case. 3. The experts ' nominations and the scope of the expert's opinion shall be determined by the commission. In the appointment of expertise, the persons participating in the case may propose to the Commission experts and expert organizations as well as the range of issues on which expert opinion is required. 4. In the event of payment for the services of experts and translators from the federal budget, the selection of such persons is carried out in accordance with Federal Law No. 44-FZ of 5 April 2013 " On the contractual system in the procurement of goods, works and services for security State and municipal needs ". 5. The expert, with the permission of the commission, is entitled to get acquainted with the materials of the case, to participate in the meeting of the commission, to make a request for additional materials. 6. The expert is entitled to refuse to give an opinion on matters that go beyond his or her specialized knowledge and also in the event that the material provided to him is insufficient for the purpose of giving an opinion. 7. The expert shall be liable under the law of the Russian Federation for giving the false report. 8. The commission shall issue a definition and send them copies of the definition within three days from the date of the commission's examination of experts, interpreters, as well as those who have knowledge of the circumstances under consideration by the Commission. delivery. 9. Persons involved in a case of violation of the antitrust law may challenge the expert if there are circumstances which may raise doubts as to his impartiality. The decision on the challenge is taken by a commission that has engaged in the case of violation of antitrust law of the expert in respect of which the challenge is to be challenged. The Commission makes a decision on the decision. The application for recusal of an expert shall be retained without consideration, if, in the case of the expert on the same basis, a challenge has previously been made, the decision on which was taken by the commission. 25) supplement Article 42-2 as follows: " Article 42-2. The members of the commission to deal with the case violation of antimonopoly legislation 1. A member of the commission shall not participate in the proceedings in the case of violation of antitrust laws and shall be withdrawn if the member of the commission has a personal interest in the performance of the duties that may lead to the conflict. interests. 2. The water may be declared by persons involved in the case of violation of the antitrust law. 3. The decision on the challenge is taken by the commission to examine the violation of the antimonopoly law, of which the disqualification of the official is a member. The Commission makes a decision on the decision. The declaration of recusal of a member of the commission shall be retained without consideration, if, in the case of a member of the commission on the same grounds, a challenge has been previously stated, the decision on which was taken by the commission. "; 26) Part 3 of article 43 should be supplemented by the words ", except in the case of a closed meeting on the grounds provided for by this Federal Law"; (27) in article 44: (a), to supplement paragraph 3 with the following: " 3) for the issuance of a warning under article 39 to 1 of the present Federal Law. "; b) supplement Part 14 with the following content: " 14. The definition of the appointment of a violation of the antimonopoly law should include: 1) the details of the persons involved in the case; (2) the reasons for the institution of proceedings; (3) A description of the detected signs of violation of the antimonopoly laws, evidence, factual and other circumstances that indicate their existence; 4) information on the date, time and venue of the commission meeting. "; in), add the following: " 15. The definition of the offence of violation of the antimonopoly law may also require the submission by the persons involved in the case, the explanations, documents and information necessary for the case to be considered, The fixed term. "; 28) in article 45: a) to be supplemented with Part 2-1 as follows: " 2-1. The Commission may decide, on the request of the persons involved, as well as on its own initiative, to decide on a case of violation of antitrust legislation through the use of a video conferencing system where there is a technical The ability to implement video conferencing. The procedure for the use of video conferencing systems in the antitrust case is established by the Federal Anti-Monopoly Authority. "; b), supplement paragraph 8 with the following: "8) read the conclusion on the circumstances of the case."; in) to supplement 3-1-3-4 as follows: " 3-1. The case concerning the violation of the antimonopoly law shall be held in open session. Consideration of a case of violation of antimonopoly law in closed session is permitted in the event that the case in a public meeting can lead to the disclosure of State secrets or, if necessary, to preserve A commercial, official or other secret protected by law, including in response to the request of the person involved in the case of violation of antimonopoly legislation and referring to such necessity. The special features of the closed session of the case of violation of the antimonopoly legislation, which contains information constituting a state secret, are established by the Federal Anti-Monopoly Authority in accordance with the law. by the federal executive authority in the field of security. The commission makes a determination on the consideration of the case of violation of the antimonopoly law in a closed meeting. 3-2. In the case of violation of antitrust law, the persons participating in the case, their representatives, the interpreters, as well as the persons holding the case, shall be present at the closed meeting. the circumstances under consideration by the Commission. 3-3. Materials of violation of antitrust laws containing information constituting a state, commercial, official or other secret protected by law are formed and kept in accordance with the requirements of Russian legislation The federation is in a separate volume. 3-4. Disclosure by persons involved in a case, their representatives, experts, interpreters of information constituting a State, commercial, official or other secret protected by law is punishable under the law of the Russian Federation. "; g) to be supplemented with Part 5-1 as follows: " 5-1. In the case of violation of antitrust law, the competition authority conducts an analysis of the state of competition in the amount necessary to decide whether or not there has been a violation of the antitrust law. "; 29) add the following article 45-1: " Article 45-1. Evidence and evidence in the case of violation of the antitrust law 1. The evidence in the case of violation of the antimonopoly law is the facts of the facts, which are obtained in accordance with the procedure established by this Federal Act and on the basis of which the commission shall determine whether or not there is an absence The violation of the antitrust law, the validity of the arguments of the persons involved, as well as other circumstances relevant for the full and complete consideration of the case. 2. Every person involved in a case must disclose the evidence to which it refers as a basis for its requirements and defences to other persons involved in the case within the time limit set by the commission. 3. As evidence in the case of violation of the antitrust law, written evidence and physical evidence are admitted, the explanations of the persons involved in the case, the explanations of the persons holding the commission circumstances, expert opinions, audio and video recordings, other documents and materials. 4. The written evidence in the case of violation of the antimonopoly law contains information on the circumstances relevant to the case, the acts, treaties, certificates, correspondence, other documents and materials that have been made in the case. the form of a digital, graphical recording, including those obtained by fax, electronic or other communications, the production of copies of electronic media, or other means of establishing the validity of the document in a manner. The written evidence also includes the results of the analysis of the state of competition conducted in accordance with the procedure established by the Federal Anti-Monopoly Authority. 5. The evidence in the case of violation of the antitrust law is that by its appearance, properties, location or other characteristics may be a means of ascertaining the circumstances relevant to the case. to consider the case. "; 30) to supplement article 45-2 as follows: " Article 45-2. The procedure for the access of persons involved in the case of violation of antitrust legislation to the case file containing the commercial mystery 1. Persons participating in the case of violation of the antitrust law may be informed of the statements, objections, explanations and other materials submitted at the initiative of the person involved in the case to confirm the existence or absence of the case The violation of the Antimonopoly Law, with the exception of the applications for exemption from administrative liability for administrative offences under articles 14.32, paragraphs 1 and 3, of the Russian Code Federation of Administrative Offences and (or) Liberation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. With regard to the declarations, objections, explanations and other materials submitted on the initiative of the person involved in the case, in writing or orally, on issues arising in the course of the examination of the violation of the antitrust law, Commercial confidentiality may be established. 3. Information, documents submitted on request or other requirements of the antimonopoly body in respect of which the regime of commercial secrecy is established and which are materials of the case of violation of antitrust law may be to acquaint the persons involved in the case with the receipt, with the consent of the holder of such information, of the documents. 4. The consent of the holder of the information constituting a trade secret to the knowledge of the persons involved in the case shall be submitted to the commission in writing in the course of the examination of the violation of the antimonopoly law; and is attached to the case file. 5. The list of persons participating in the case is submitted to the commission prior to familiraing the materials with the information that constitutes a commercial secret and became known to them as a result of the investigation of the violation of antitrust legislation Cases of violation of the antimonopoly law and attached to the case file. "; 31) in article 47: (a) paragraph 4 of Part 1 to be declared void; b) part 1-1, amend to read: " 1-1. The Commission is under an obligation to defer the case of the violation of the antimonopoly law in the case of: (1) if the defendant has found signs of a different antitrust violation in the course of the action (inaction) of the defendant The law is the same as the breach on the grounds of which the case was opened; 2) if the defendant in the case is a person who had previously participated in a case in a different status (person having knowledge of the circumstances of the case, The claimant); 3) the determination of the circumstances of the case. "; in) to be supplemented by Part 1-2, with the following content: " 1-2. In case of a case of violation of antitrust law pursuant to paragraphs 1 and 2 of part 1 to 1 of this article, the definition should include a description of the detected signs of violation of the antitrust The law, evidence, factual and other circumstances that indicate that there are such grounds. "; 32) in article 48: (a), paragraph 1, amend to read: " 1. The Commission ceases its consideration of the case concerning the violation of the antimonopoly law in the case of: 1) the absence of antitrust violations in the commission's actions (omissions); 2) the sole defendant in the case; (3) the death of a natural person, the sole defendant in the case; 4) the existence of a decision by the antimonopoly authority to establish a breach of the antitrust of the Commission on Human Rights (Inactivity); 5) the statute of limitations under Article 41-1 of this Federal Law. "; b) in Part 2, replace" paragraphs 1 and 6 "with" paragraph 4 "; 33) to supplement article 48-1 Content: " Article 48-1. Conclusion on the circumstances of the case 1. Before the end of the investigation of the case concerning the violation of antimonopoly legislation, the commission takes a conclusion on the facts of the case when establishing the defendant's actions (inaction) in the case of violation of antitrust law. 2. The facts of the case shall be made in the form of a separate document, signed by the chairman and members of the commission, and shall contain: 1) the facts and other circumstances of the case established by the commission, including the circumstances, established in the course of the competition authority's analysis of the state of competition and the circumstances established in the course of inspections of compliance with the requirements of the antimonopoly law; 2) the evidence on which Based on the findings of the commission on the circumstances of the case, the reasons why The Commission rejected any evidence, accepted or rejected the reasoning of the persons involved in the case. 3. In the event of a determination of the circumstances of the case, the case of violation of the antitrust law is to be deposited. 4. A copy of the determination of the circumstances of the case shall be sent to the persons participating in the case within five working days of the date of the determination of the deposit of the case concerning the violation of antimonopoly legislation. At the same time, the date of the regular review of the case may not be appointed earlier than five working days from the date of the case to the persons participating in the case, a copy of the conclusion on the facts of the case. 5. Persons participating in a case are entitled to submit explanations, evidence and admissions in writing to the Commission in respect of the circumstances set out in the circumstances of the case before the completion of the antitrust case Legislation and disclosure of the operative part of the decision on it at the meeting of the commission. 6. In the event that the persons involved in the case, the explanations, the evidence and the arguments testify to the existence of a defendant's action (or omission) in the case of evidence of a violation of the antimonopoly law, The Commission, under article 47, paragraph 1, paragraph 1, of this Federal Act, shall decide on the deposit of the case concerning the violation of the antitrust law. In this case, the proceedings shall continue under the rules laid down in this chapter. 7. In the event that the persons involved in the case, the explanations, the evidence and the arguments as to the circumstances of the case, indicate that there is no action (omission) in the commission of inquiry Under article 48, paragraph 1, of article 48 of the present Federal Law, the commission shall not consider the case of violation of the antimonopoly law. with the following sentence: " A person who has been issued a prescription for The transfer to the federal budget of an income derived from monopolistic activities or unfair competition may not be subject to administrative liability for violation of the competition law against which if this requirement is fulfilled. "; 35) in article 52: a), supplement the sentence with the following sentence:" Decision and (or) prescription of the territorial competition authority may also be appeals to a collegial body of the Federal Antimonopoly Committee authority. "; b) to be completed with Part 1-1, as follows: " 1-1. If the decision of the competition authority is appealed to a collegiate body of the Federal Anti-Monopoly body, the decisions taken in the case of violation of the antitrust law may be appealed to the arbitral tribunal. within one month of the entry into force of the decision of the collegial body of the Federal Anti-Monopoly Authority. ". Article 2 Article 7 of the Federal Law dated August 17, 1995 N 147-FZ THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE 3426; 2011, N 30, sect. (...) (...) (...) (...) over one per cent of its total income, "; b) paragraph 3, after the words" investments of the natural monopoly, "to add" where income from activities in natural monopolies exceeds one percentage of total income, "; ) In the words "and if, as a result of such acquisition, the income of a business entity in the areas of natural monopolies will amount to more than 1 per cent of its total income"; 2), paragraph 4 should be declared null and void. Article 3 Amend the Code of the Russian Federation on Administrative Offences (Legislative Assembly of the Russian Federation) Federation, 2002, N 1, article 1; N 30, sect. 3029; N 44, st. 4295, 4298; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847; 2004, N 31, sect. 3229; N 34, st. 3533; 2005, N 1, est. 13, 40, 45; N 13, st. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; 2006, N 1, sect. 4, 10; N 6, st. 636; N 17, sect. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380; N 31, st. 3432, 3438; N 45, est. 4641; N 50, sect. 5279; N 52, sect. 5498; 2007, N 1, st. 25; N 7, est. 840; N 16, stop. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007, 4008, 4009, 4015; N 41, est. 4845; N 46, st. 5553; N 50, st. 6246; 2008, N 20, sect. 2251, 2259; N 29, sect. 3418; N 30, est. 3604; N 49, sect. 5745; N 52, 6235, 6236; 2009, N 1, st. 17; N 7, est. 777; N 23, st. 2759; N 26, st. 3120; N 29, st. 3597, 3642; N 30, stop. 3735, 3739; N 45, sect. 5267; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. 1; N 18, sect. 2145; N 19, st. 2291; N 21, est. 2525; N 23, st. 2790; N 27, sect. 3416; N 30, est. 4002, 4006, 4007; N 31, sect. 4158, 4164, 4193, 4206, 4207, 4208; N 41, sect. 5192; 2011, N 1, est. 10, 23; N 15, stop. 2039; N 17, est. 2310; N 19, 100. 2714, 2715; N 23, est. 3260; N 27, est. 3873; N 29, st. 4291, 4291; N 30, est. 4585, 4590, 4598, 4600, 4601, 4605; N 46, st. 6406; N 48, sect. 6728; N 49, sect. 7025, 7061; N 50, stop. 7345, 7345, 7346, 7351, 7355, 7362, 7366; 2012, N 6, st. 621; N 10, est. 1166; N 24, est. 3068, 3069, 3082; N 29, 100. 3996; N 31, st. 4320, 4322, 4330; N 47, sect. 6402, 6403; N 49, est. 6752, 6757; N 53, sect. 7577, 7602, 7641; 2013, N 8, st. 719; N 14, est. 1657, 1666; N 19, st. 2323, 2325; N 23, 100. 2871; N 26, est. 3207, 3208; N 27, sect. 3454, 3470, 3478; N 30, est. 4025, 4029, 4030, 4031, 4032, 4034, 4035, 4036, 4040, 4044, 4078, 4082; N 31, est. 4191; N 43, sect. 5444, 5445, 5452; N 44, st. 5624, 5643; N 48, sect. 6159, 6161, 6164, 6165; N 49, sect. 6327, 6343; N 51, est. 6683, 6685, 6695; N 52, st. 6961, 6980, 6986, 7002; 2014, N 6, st. 566; N 11, est. 1096; N 14, est. 1561, 1562; N 19, st. 2306, 2306, 2310, 2317, 2324, 2326, 2327, 2335; N 26, Art. 3366, 3379, 3395; N 30, st. 4211, 4218, 4256, 4256, 4259, 4264, N 42, sect. 5615; N 43, sect. 5799; N 48, st. 6636; N 52, sect. 7545, 7549, 7550, 7557; 2015, N 1, st. 29, 67, 74, 83, 85; N 10, est. 1405, 1416; N 13, est. 1811; N 21, sect. 2981; N 27, sect. 3945, 3950; N 29, st. 4374, 43776, 4391), as follows: 1) Note to Article 2.4 to supplement the sentence reading: " Persons performing functions of organizing and conducting mandatory duties in accordance with the laws of the Russian Federation The auction commission members, including the members of the tender commission, the auction commission, who committed the administrative offences referred to in article 7.32-4 of this Code, bear administrative responsibility as officials. "; (2) in the article 4.5: a) Part 1 after the words " (including foreign Employees), "to supplement the words" of the procedure of compulsory tendering in accordance with the laws of the Russian Federation (in respect of administrative offences under article 7.32-4 of this Code), "; b) in part 6 of the figure "14.31, 14.31-1-14.33" replace "14.31, 14.32, 14.33, 14.40"; 3) with the following text: " Article 7.32-4. Violation of the procedure of mandatory in conformity with the law of the Russian Federation of Trade, Sale of state or municipal of property, contract order the results of such a tender and sale or, if such a transaction is recognized as invalid 1. In accordance with the legislation of the Russian Federation, it is not possible to provide information on the holding of compulsory tenders, in accordance with the legislation of the Russian Federation, for the sale of State or municipal property, except in cases of In accordance with Articles 7.30 and 7.32 to 3 of this Code, the administrative fine is imposed on officials ranging from forty thousand to fifty thousand rubles; legal entities-from fifty thousand to one hundred thousand roubles. 2. Violation of the procedure for determining the form of compulsory tendering in accordance with the laws of the Russian Federation, except as provided for in articles 7.29 and 7.32 to 3 of this Code,- 50,000 rubles ($1,150) is fine on the basis of administrative fines of 40,000 to 50,000 rubles ($1,150). 3. Placement of unreliable information on the conduct of compulsory tenders in accordance with the laws of the Russian Federation, the sale of State or municipal property or the provision of documentation containing false information The exception to the cases provided for in articles 7.31 and 7.32 to 3 of this Code is the imposition of an administrative fine of between forty thousand and fifty thousand roubles; legal entities-from fifty thousand to one hundred and fifty thousand. A hundred thousand roubles. 4. Violation of the deadline for posting of information on the holding of compulsory tenders in accordance with the laws of the Russian Federation, the sale of State or municipal property, except as provided for in articles 7.30 and 7.32-3 The Code provides for the imposition of an administrative fine on officials in the amount of 20,000 to thirty thousand rubles; legal entities-from fifty thousand to one hundred thousand roubles. 5. " Violation of the procedure for the provision of documentation on compulsory tendering in accordance with the laws of the Russian Federation, the procedure for clarifying such documents, the procedure for receiving applications for participation in tenders and applications for participation in the sale of public goods, or municipal property, except as provided for in articles 7.30 and 7.32 to 3 of this Code,- shall impose an administrative fine on officials in the amount of twelve thousand to fifteen thousand roubles; 50,000 rubles ($1,100,000); 6. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In accordance with Articles 7.30 and 7.32 to 3 of this Code, the administrative fine shall be imposed on officials ranging from thirty thousand to forty thousand rubles; legal entities-from thirty thousand to fifty thousand roubles. 7. Violation of the procedure for determining the winner of compulsory tenders, in accordance with the laws of the Russian Federation, for the sale of State or municipal property, except as provided for in articles 7.30 and 7.32-3 of the present The Code provides for the imposition of an administrative fine on officials in the amount of thirty thousand rubles to forty thousand rubles; for legal entities-from 30,000 to fifty thousand rubles. 8. Violation of the terms of concluding contracts as a result of compulsory tendering, sale of state or municipal property, or in case of invalid tendering, or The failure of the organizer of the tender, the seller of State or municipal property, the organizer of the sale of State or municipal property from the conclusion of such a contract, except in the cases provided for by article 7.32 of the present Code- results in an administrative fine on the 50,000 rubles ($1,150); and organizations, up to 40,000 rubles ($1,150). 9. Change by the organizer of the mandatory trading in accordance with the legislation of the Russian Federation, the seller of state or municipal property, as well as the person who is a party to the contract, the terms of the contract when it is concluded or executed, in the documentation of such tenders, notice of tender, information notice of sale of state or municipal property, draft treaties, by agreement of the parties, or unilaterally, in the event of a federal The law provides for the prohibition of such modification, except in the case of Under article 7.32 of this Code, a fine of two thousand rubles to three thousand rubles; officials-from 20,000 to 30,000 rubles; and legal entities-from 50,000 to three hundred thousand roubles. 10. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Cases referred to in paragraphs 1 to 9 of this article and articles 7.29 to 7.32 and 7.32 to 3 of this Code- shall impose an administrative fine on officials in the amount of between 3,000 and 10,000 roubles; 20,000 to 30,000 rubles. "; 4) in Article 14.9: (a) In the second part of paragraph 1, the words "up to thirty" should be replaced by the words "up to fifty"; b) in the second part of paragraph 2 of the word " imposing an administrative fine on officials in the amount of between 30,000 and fifty thousand roubles or "delete; 5) in article 14.31: (a) in the first part of paragraph 1 and the first part of the word", except as provided for in article 14.31-1 of this Code, delete; b) in Note 2, paragraph first note 3 and note 4 digits "14.31-1," delete; in) to be completed Note 5 to read: " 5. A person who has been ordered to transfer to the federal budget income received from monopolistic activities or unfair competition may not be subject to administrative liability in accordance with this article; Articles 14.32 and 14.33 of this Code, if such a requirement is fulfilled. "; but "replace" with "initial value" of the subject matter, but not more than one The twenty-fifth aggregate amount of the offender's proceeds from all goods (works, services) and "; b) to supplement notes 5 and 6 as follows: " 5. For committing an administrative offence under Parts 1 and 3 of this Article, an administrative fine shall be imposed on a legal person in the amount of the minimum amount of the administrative fine for the commission of the offence. of an administrative offence, if such a legal entity voluntarily stated to the Federal Antimonopoly Authority, its territorial body for the conclusion of an offence under the antimonopoly legislation of the Russian Federation the agreements (cartels) and cumenical terms: The person admitted to having committed an administrative offence; the person refused to participate or continued to participate in the agreement (the cartel); the information and documents provided are sufficient to establish The events of an administrative offence. The administrative fine in the present note is imposed on legal entities, the second and third conditions of this note. This note does not apply to a legal person who is the organizer of an agreement (cartel) that is not permissible under the antitrust legislation of the Russian Federation. 6. When determining, in accordance with this article, the amount of the administrative fine calculated from the initial value of the subject matter of the tender being held for the conclusion of a contract (contract) exceeding one year, the amount of The value of the subject matter of the tender is determined in proportion to the value of the item of tendering for one year. "; 8) in article 14.40: (a), in the first paragraph of Part 1, the words" Articles 14.31, 14.31-1 "should be replaced by the words" Article 14.31 "; (b) In the first paragraph of Part 2, the words "articles 14.31, 14.31-1" should be replaced by the words "Article 14.31"; 9) in Part 2 and Part 3 of Article 23.1 (3) of the figure "14.31-1," delete; 10) in article 23.48: (a) In Part 1, replace the words "Article 9.15" with "articles 7.32-4, 9.15" and the words "Article 14.9". Replace the words "article 14.31, paragraph 1" with "articles 14.31, 14.31-1", replace the words "Article 14.31"; b) in paragraph 2 of Part 2 of the figure "14.31-1," delete; 11) in part 1, article 28.1 of the figure "14.31-1-14.33". "14.32, 14.33, 14.40." Article 4 Article 2 of the Federal Law of July 13, 2015 N250-FZ "On amendments to the Federal Law" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4376) The following changes: 1) paragraph 1 rewording: "1) in Part 6 of Article 4.5 numbers" 14.9, 14.32, 14.33, 14.40, 14.40 ", replace" 14.9, 14.9-1, 14.31, 14.32, 14.33, 14.40 "," antitrust " "to amend the words" of the law ";"; (2) to read: "(5) in article 14.31: (a) in the first part of paragraph 1, the words" elimination of competition-"should be replaced by" -Competition, except as provided for in article 9.21 of this Code, "; (b) in the first part of paragraph 2 of the phrase "the commission by the subject of a natural monopoly of acts recognized by the abuse of a dominant position and impermissible under the antitrust laws of the Russian Federation," Replace with the words " the commission by the subject of a natural monopoly of actions recognized by the abuse of a dominant position and impermissible under the laws of the Russian Federation, except in cases provided for in the law of the Russian Federation. Article 9.21 of this Code, ";"; 3) Paragraph 8 The following wording should be amended to read: "8) in article 23.48, part 1, article 14.9, paragraph 1,", replace by the words "article 14.9, paragraph 1, article 14.9-1, ";". Article 5 Article 1 of the Federal Law of 17 July 2009, No. 160-FZ " On amendments to the Code of Administrative Offences of the Russian Federation, and Assembly of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3597); 2) subparagraphs (b) and (c) of article 1, paragraph 3, of the Federal Law of 17 July 2009, No. 164-FZ " On amendments to the federal law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3601); 3) Subparagraph 3 (d) of article 12, paragraph 3, of the Federal Law of 18 July 2011 N 242-FZ " On amendments to certain OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4590); 4) paragraph 10 (b), paragraph 10, and paragraph 6 of article 1, paragraph 16, of the Federal Act of 6 December 2011 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7343); 5) Paragraph 3 of Article 5 of the Federal Law of 28 July 2012 N 145-FZ " On making changes to individual OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4334). Article 6 1. This Federal Law shall enter into force ninety days after the date of 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 the date of the official publication of this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 5 October 2015 N 275-FZ