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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

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On Competition Protection" and separate pieces of legislation Russian Federation Accepted State Duma of the Russian Federation on June 14, 2016 Approved by the Federation Council on 29 June 2016 Article 1 Amend the federal law dated July 26, 2006 No. 135-FZ "On the protection of competition" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3434; 2008, No. 45, est. 5141; 2009, No. 29, est. 3601; 2011, No. 30, sect. 4590; No. 50, sect. 7343; 2013, No. 30, sect. 4084; No. 44, sect. 5633; No. 52, sect. 6961; 2015, No. 41, sect. 5629) The following changes to: 1) in article 5 are supplemented with Parts 2-1 and 2-2 as follows: " 2-1. It is not possible to recognize the dominant position of the economic entity, the legal entity, the founder (participant) of which is one natural person (including registered as an individual entrepreneor) or a few Natural persons, if the proceeds from the sale of goods for the last calendar year of such an economic entity do not exceed 400 million rubles, except: 1) an economic entity belonging to the group of persons with other economic entities by the entity or other entities on the basis of Article 9, paragraph 1, of this Federal Act. This exception does not apply to economic entities belonging to a group of persons on the basis of article 9, paragraph 7, of this Federal Act; to economic entities belonging to the group of persons Only persons belonging to a group of persons on the basis of article 9, paragraph 7, paragraph 7, of this Federal Act; to an economic entity to which the individual entrepreneor is a party; 2) of the financial organization; 3) the subject of the natural monopoly in the commodity market, in the state of a natural monopoly; 4) an economic entity having as founders or members of economic entities-legal entities; 5) of the economic society in whose authorized capital There is a share of the participation of the Russian Federation, the constituent entity of the Russian Federation and municipal education. 2-2. It is not possible to recognize the dominant position of a business entity, an individual entrepreneor who is not a member of the group of persons with another economic entity or other economic entities on the grounds provided for in article 9, part 1 If the proceeds from the sale of goods of such a business entity-an individual entrepreneur in the last calendar year do not exceed four hundred million rubles, as well as the economic entity-the individual by an entrepreneor who is a member of a group of persons with another economic entity under article 9, part 1, paragraph 7, of this Federal Act, or of a group of persons with a business or economic entity whose sole member or entity is one or each of which is one or both. A number of persons forming part of a group with a business entity or economic entity on the basis of article 9, paragraph 7, paragraph 7, of this Federal Act, provided that the total proceeds of the sale of goods "In the last calendar year the entities did not exceed four hundred million rubles." 2) in article 12: (a) the name should read: " Article 12. Admissibility of agreements "; b) to be supplemented by Part 3, reading: " 3. Article 11, paragraph 4, of this Federal Act may be subject to the provisions of article 11, paragraph 4, of this Act. If the total revenue of such entities from the sale of goods in the last calendar year does not exceed four hundred million roubles. "; according to this Part may apply to the court for recognition solicitation, request for proposals and prisoners from such tenders, request for quotations, requests for proposals of deals not valid, provided that such tenders, request for quotations, request for proposals are invalid mandatory under Russian law. "; 4) Article 25-1 to be supplemented with Part 5-1 as follows: " 5-1. According to the grounds referred to in paragraphs 2 and 5 of Part 4 of this article, an unscheduled off-site inspection of a small business entity shall be carried out after agreement with the Public Prosecutor's Office at the place where the activity of such a subject is carried out. Procedure established by order of the Procurator-General of the Russian Federation, with the exception of an unscheduled retreading of the subject of the natural monopoly and an off-site inspection of compliance with the requirements set out in article 11, paragraph 1, of the Federal Law. "; 5) in the first paragraph of article 28, paragraph 1, of the words "Two hundred and fifty million roubles" would be replaced by the words "four hundred million roubles." Article 2 Article 2 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; No. 30, sect. 3029; No. 44, sect. 4295; 2003, No. 27, sect. 2700, 2708, 2717; No. 46, sect. 4434; No. 50, sect. 4847, 4855; 2004, No. 31, sect. 3229; No. 34, sect. 3529, 3533; 2005, No. 1, st. 9, 13, 40, 45; No. 10, 100. 763; No. 13, sect. 1075, 1077; No. 19, sect. 1752; No. 27, sect. 2719, 2721; No. 30, sect. 3104, 3131; No. 50, sect. 5247; 2006, No. 1, sect. 4, 10; No. 6, est. 636; No. 10, sect. 1067; No. 12, sect. 1234; No. 17, sect. 1776; No. 18, sect. 1907; No. 19, sect. 2066; No. 23, est. 2380; No. 31, sect. 3420, 3438, 3452; No. 45, sect. 4641; No. 50, sect. 5279; No. 52, sect. 5498; 2007, No. 1, est. 21, 25, 29; No. 7, sect. 840; No. 16, No. 1825; No. 30, sect. 3755; No. 31, sect. 4007, 4008; No. 41, sect. 4845; No. 43, sect. 5084; No. 46, sect. 5553; 2008, No. 18, st. 1941; No. 20, No. 2251; No. 30, sect. 3604; No. 49, sect. 5745; No. 52, sect. 6235, 6236; 2009, No. 1, sect. 17; No. 7, sect. 777; No. 23, sect. 2759; No. 26, Text 3120, 3122; No. 29, sect. 3597, 3642; No. 30, sect. 3739; No. 45, sect. 5267; No. 48, sect. 5711, 5724; No. 52, Text 6412; 2010, No. 1, sect. 1; No. 18, sect. 2145; No. 21, sect. 2525; No. 23, sect. 2790; No. 27, sect. 3416; No. 30, sect. 4002, 4006, 4007; No. 31, sect. 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 41, sect. 5192; No. 49, sect. 6409; 2011, No. 1, sect. 10, 23, 54; No. 7, sect. 901; No. 15, sect. 2039; No. 17, sect. 2310; No. 19, Text. 2714, 2715; No. 23, est. 3260; No. 27, sect. 3873; No. 29, Art. 4298, 4298; No. 30, sect. 4573, 4585, 4590, 4598, 4600, 4601, 4605; No. 46, st. 6406; No. 48, sect. 6728; No. 49, sect. 7025, 7061; No. 50, stop. 7345, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, No. 6, est. 621; No. 10, sect. 1166; No. 19, sect. 2278, 2281; No. 24, Text. 3068, 3069, 3082; No. 29, sect. 3996; No. 31, sect. 4320, 4322, 4330; No. 47, sect. 6402, 6403; No. 49, sect. 6757; No. 53, sect. 7577, 7602, 7640, 7641; 2013, No. 14, st. 1651, 1657, 1666; No. 19, sect. 2323, 2325; No. 23, sect. 2871; No. 26, sect. 3207, 3208; No. 27, sect. 3454, 3470, 3478; No. 30, sect. 4025, 4029, 4030, 4031, 4032, 4034, 4035, 4036, 4040, 4044, 4078, 4082; No. 31, sect. 4191; No. 43, sect. 5443, 5444, 5445, 5452, 5452; No. 5624, 5643; No. 48, sect. 6159, 6161, 6165; No. 49, sect. 6327, 6341; No. 51, sect. 6683, 6685, 6695; No. 52, sect. 6961, 6980, 6986, 7002; 2014, No. 6, est. 559, 566; No. 11, sect. 1092, 1096; No. 14, sect. 1561, 1562; No. 19, sect. 2306, 2306, 2310, 2317, 2324, 2325, 2326, 2327, 2330, 2335; No. 26, sect. 3366, 3379, 3395; No. 30, sect. 4211, 4218, 4228, 4233, 4248, 4256, 4259, 4264, 4278; No. 42, sect. 5615; No. 43, sect. 5799; No. 48, Text 6636, 6638, 6642, 6651; No. 52, sect. 7541, 7545, 7549, 7550, 7557; 2015, No. 1, st. 29, 67, 74, 83, 85; No. 10, st. 1405, 1416; No. 13, sect. 1811; No. 18, sect. 2614, 2620; No. 21, sect. 2981; No. 24, sect. 3370; No. 27, sect. 3945, 3950; no. 29, st. 4359, 4374, 4376, 4391; No. 41, sect. 5629, 5637; No. 44, sect. 6046; No. 45, sect. 6205, 6208; No. 48, sect. 6706, 6710; No. 51, sect. 7250; 2016, No. 1, Art. 11, 28, 59, 63, 84, No. 10, st. 1323; No. 11, sect. 1481, 1491, 1493; No. 14, sect. 1907; No. 15, sect. 2051; No. 18, sect. 2514; Russian newspaper, 2016, 6 June) the following changes: 1) Article 4.5 should be added to Part 6-1 as follows: " 6-1. The statute of limitations for administrative liability for administrative offences, as provided for in article 14.5-55.2 of this Code, starts from the date of the entry into force of the decision of the commission of the federal executive branch, On the State control (supervision) function in the sphere of state defense order, which established the fact of violation of the law of the Russian Federation in the sphere of state defense order. "; (2) in the article 23.1: a) Part 1, after "Parts 3 and 4 of Article 14.4-1," to supplement the words "part 2 of article 14.9,"; b) in Part 2 of the word "Article 14.9, Part 2," delete; in the fifth paragraph of Part 3, the words "Article 14.9," be replaced by the words "article 14.9, paragraph 2;"; 3) in paragraph 2 In article 23.48, part 2, the words "articles 14.3, 14.9," shall be replaced by the words "Article 14.3, article 14.9, article 14.9,"; The institution of administrative offences referred to in article 14.5 5-2 of this Code is the adoption by a commission of a federal executive body exercising State control over (supervision) In the sphere of the state defense order, the decisions that established the fact of violation of the law of the Russian Federation in the sphere of state defense order. "; 5) paragraph 62 of Part 2 of Article 28.3 after the words" Article 7.32, Part 7, " to be supplemented by the words "article 14.9, paragraph 2,". Article 3 Article 1 of the Federal Act of 28 December 2009, No. 381-FZ " On the foundations of State regulation of trade OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2; 2011, No. 48, sect. 6728) add the following content to Part 4-1: " 4-1. The provisions of articles 13 and 14 of this Federal Act do not apply to economic entities carrying out trading activities, economic entities that supply food products whose revenue (their groups of persons) " In accordance with the antitrust laws, the sale of goods for the last calendar year does not exceed four hundred million rubles, as well as economic entities carrying out trade activities through the organization. the total revenue from the sale of goods within the framework of One trade network for the last calendar year does not exceed four hundred million roubles. " Article 4 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 3, 2016 No. 264-FZ