Administrative Regulation on maintaining the Register of Economic Entities, whose share of a particular goods market exceeds 35%

1. General Provisions

1.1. The Administrative Regulation of the Federal Antimonopoly Service on executing the state function to maintain the Register of Economic Entities, whose share of a particular goods market exceeds 35% (further on referred to as the Regulation), defines terms and sequence of activities (administrative procedures) to be undertaken by the Federal Antimonopoly Service (further on referred to as - FAS Russia) or regional offices of FAS Russia and their divisions, procedures for coordinating activities between FAS Russia's divisions and divisions of the regional offices of FAS Russia, as well as arrangements for cooperation of FAS Russia or its regional offices with other federal executive authorities and other organizations on maintaining the Register of Economic Entities (excluding financial organizations), whose share of a particular goods market exceeds 35%.

1.2. The state function on maintaining the Register of Economic Entities, whose share of a particular goods market exceeds 35% (further on referred to as the Register), is executed in accordance with:

the Constitution of the Russian Federation adopted on 12th December 1993 (the Rossiiskaya Gazeta newspaper, 1993, № 237; Corpus of Legislative Acts of the Russian Federation, 1996, № 3, p. 152; 1996, № 7, p. 676; 2001, № 24, p. 2421; 2003, № 30, p.3051; 2004, № 13, p.1110; 2005, № 42, p.4212);

№ 135-FZ Federal Law of 26th June 2006 «On Protection of Competition» (Corpus of Legislative Acts of the Russian Federation, 2006, № 31 (1 Part), p. 3434);

№ 331 Decree of the Government of the Russian Federation of 30th June 2004 «On Approving the Regulations on the Federal Antimonopoly Service» (Corpus of Legislative Acts of the Russian Federation, 2004, № 31, p. 3259);

№154 Decree of the Government of the Russian Federation of 19th February 1996 «On the Register of economic entities, whose share of a particular goods market exceeds 35%» (Corpus of Legislative Acts of the Russian Federation, 1996, № 9, p. 806);

№ 135 Order of the Federal Antimonopoly Service of 13th October 2004 «On Approving the Regulations on a regional office of the Federal Antimonopoly Service», registered in the Ministry of Justice of the Russian Federation on 2nd December 2004 under № 6166 entry (the Rossiiskaya Gazeta newspaper, 2004, № 275);

№ 108 Order of the Federal Antimonopoly Service of 25th April 2006 «On Approving the Procedures for analyzing and evaluating competitive environment on a goods market» (further on referred to as the Analysis procedures), registered in the Ministry of Justice of the Russian Federation on 27th July 2006 under № 8121 entry (the Bulletin of Regulations issued by the federal executive bodies, 2006, № 32, 2006).

1.3. The state function on maintaining the Register is executed by the Federal Antimonopoly Service and its regional offices (further on referred to as an Antimonopoly body).


2. Requirements to the execution of the state function by an Antimonopoly body

Reporting procedures on execution of the state function by an Antimonopoly body

2.1. Description of the consequence of administrative activities is specified in No.4 Appendix to the Regulation.

2.2. Locations, telephone numbers of information lines and internet addresses of Antimonopoly bodies are given in No.11 Appendix to the Regulation, as well on the FAS Russia website.

2.3. Timetable for accepting petitions (notifications) with enclosed documentation by an Antimonopoly body is given in No. 12 Appendix to the Regulation. 

2.4. Information regarding the procedures on execution of the state function by an Antimonopoly body should be: 

put on the FAS Russia website;

published in the media;

displayed on the information stand of an Antimonopoly body and included in its handouts (brochures, leaflets, etc.)

2.5. The information stand in the offices of an Antimonopoly body (in its community liaison office or at the entrance) must display the following information:

the mailing address of the Antimonopoly body, timetable (working hours), telephone numbers to call in order to obtain necessary information, the website and e-mail addresses of the Antimonopoly authority;

the list of documents and data that should be presented by economic entities to the Antimonopoly body to enable the latter executing the state function;

consultation procedures regarding execution of the state function;

duties and responsibilities of the officers of the Antimonopoly body when they respond to telephone enquiries or oral and written Petitions.

Procedures consultations (references) on executing the state function by an Antimonopoly body 

2.6. Consultation regarding the procedures of executing the state function are offered:

upon receiving written petitions;

by telephone;

via e-mail.

2.7. Petitions in writing should be processed by an antimonopoly with 30 calendar days after receiving a Petition. 

If additional information is required, an Antimonopoly body may extend the period of processing a Petition for no more than 30 days, and an Antimonopoly body must inform the Petitioner about the extension. Additional information must be requested within 15 days after the Petition is received. 

2.8. When offering consultations by phone, officers of an Antimonopoly body may disclose the following information:

incoming registration numbers (according to the established Record system) of petitions, statements, enquiries and enclosed documents, received by an Antimonopoly body;

information on the laws and regulations, on the ground of which an Antimonopoly body executes the state function;

requirements to attestation of documentation and data;

the need to present additional documentation and data;

link to the reference materials related to execution of the state function on the FAS Russia website.

Consultation on other issues is provided only upon a written request.

2.9. When offering consultations via e-mail (if such means of communication are available) on the issues, the list of which is specified in Clause 2.2.3 of the Regulation, the answer must be sent to the electronic address of a person, who requested the consultation, within no more that seven working days after the request was received. 

2.10. Information regarding the procedures on executing the state function is offered free-of-charge. 

Outcome of executing the state function by an Antimonopoly body. 

2.11. Executing the state function translates into decisions made by an Antimonopoly body on the administrative procedures, specified in Clauses 3.1.1., 3.1.2., 3.1.3., 3.1.4., 3.1.5. and 3.1.6. of the Regulation.

3. Administrative procedures

3.1. Executing the state function on maintaining the Register includes the following administrative procedures (the flow-charts of administrative procedures and description of the activities are given in No.3 and 4 Appendices to the Regulation):

3.1.1. Including an economic entity into the Register;

3.1.2. Excluding an economic entity from the Register;

3.1.3. Amending the Register (amending the information on an economic entity included in the Register);

3.1.4. Publishing the Register;

3.1.5. Disclosing information from the Register;

3.1.6. Processing a petition of an economic entity (further on referred to as a Petition) on including into the Register, amending information in the Register, excluding from the Register.

3.2. The Division of an Antimonopoly body, maintaining the Register (further on referred to as the Division in charge) is assigned by an order of an Antimonopoly body.

3.3. Administrative procedures specified in Clauses 3.1.1, 3.1.2, 3.1.3 and 3.1.5 of the Regulation are carried out by an Executor - an officer from the Division in charge, who is appointed by the Head of the Division, in accordance with his (her) employment duties (further on referred to as an Executor).

3.4. Administrative procedures specified in Clauses 3.1.1, 3.1.2 and 3.1.3 of the Regulation are initiated on the grounds of an Analytical report, prepared:

as part of processing of an antimonopoly case;

in course of processing a Petition or a notification;

in follow up of the processing of a Petition of an economic entity;

in follow up of the analysis of competition on the goods markets, carried out by an Antimonopoly body on a regular basis or as an initiative project.

Administrative procedures can be fulfilled to execute a court judgment or due to a liquidation of a legal person (cease of operations by an individual entrepreneur).

The Department of an Antimonopoly body, responsible for compliance supervision on a relevant goods market (further on referred to as a Sectoral Department), provides an Analytical that includes the findings on the level of competition on the goods market in question, obtained in compliance with the Analysis Procedures (further on referred to as the Analytical report), and a conclusion on the market share held by an economic entity on a relevant goods market (further on referred to as the Conclusion). 

The Analytical report is signed by the Head of a Sectoral Department and within 24 hours should be forwarded in form of an inter-office memorandum of the Sectoral Department to the Division in Charge in order to initiate an appropriate administrative procedure. 

Working on an Analytical report, an Antimonopoly body can request physical or legal persons, state authorities, or self-government bodies to supply necessary information, data, documentation, or oral or written explanation, subject to observing the legislation of the Russian Federation on national security information, bank secrecy, trade secrets or any other legally protected secrets.

3.5. Including an economic entity into the Register (further on referred to as - Including into the Register), excluding an economic entity from the Register (further on referred to as - Excluding from the Register), or introducing amendments to the Register is carried out on the basis of a FAS Russia Order, if a market share of an economic entity exceeds 35% of a relevant goods market in the Russian Federation in general (a goods market is defined as the market of the Russian Federation in general, if market geographic boundaries transcend the territory covered by the authority of a relevant regional FAS Russia office).

In other cases, procedures on Including into the Register, Excluding from the Register, or Introducing amendments to the Register are carried out on the basis of an Order given by a relevant regional FAS Russia office.

Including an economic entity into the Register

3.6. Grounds for initiating activities on including an economic entity into the Register are:

3.6.1. An Analytical report;

3.6.2. A valid court ruling on Including the economic entity into the Register, received in accordance with the established procedures.

3.7. To execute the procedure on Inducing into the Register an economic entity - a member of a group of persons, included into the Register, an Analytical report must contain a reasoned and documentary supported Conclusion that the economic entity operates on the same goods market with other economic entities - members of the group of persons in question. 

3.8. Within five days after the Division in charge received the Analytical report, an appointed Executor must establish whether the Analytical report complies with the Analysis Procedures. 

If the Analytical report fails to comply with the Analysis Procedures, it must be returned to the Sectoral Department in form of an inter-memorandum of the Division in charge, and the procedure of Including into the Register must be terminated until the Sectoral Department submits а revised Analytical report to the Division in Charge. 

The Analytical report must be revised in no more than 30 days after it was returned to the Sectoral Department.

3.9. An Executor must prepare the following materials within ten working days after the documents specified in Clauses 3.6.1. and 3.6.2. of the Regulation were received by the Division in charge:

a draft Order on Including into the Register;

a Brief to substantiate the draft Order.

3.10. An Executor forwards a draft Order on Including into the Register (accompanied by a Brief) for approval by the Head of the Antimonopoly body within three days after the documents were endorsed by the Head of the Division in charge. 

3.11. The Head of the Antimonopoly body must sign the Order within 24 hours after it was submitted for his (her) approval. 

If there are insufficient grounds to make the suggested decision, within 24 hours the draft Order must be returned for revision to the Division in charge by an appropriate direction of the Head of the Antimonopoly body, which must specify the revision period. Accordingly, the administrative procedure must be terminated until the Division in charge presents a revised draft Order (accompanied by a Brief) to the Head of the Antimonopoly body.

Such a decision may be taken by the Head of the Antimonopoly body under the following criteria: the Analytical report does not comply with the Analysis Procedures;

the Head of the Antimonopoly body is in possession of the information that affect the decision-making and was not taken into account by an Executor in course of generating the Analytical report and the Brief.

3.12. An economic entity is listed as included into the Register 20 days after the date when a relevant Order of an Antimonopoly body was issued.

3.13. Copies of the Order of an Antimonopoly body on Including into the Register must be forwarded to the economic entity in question and to the Federal State Statistic Service (a regional office of the Federal State Statistic Service) no later than three days after the Order was issued. 

3.14. Copy of a FAS Russia Order must be sent to the regional office of FAS Russia in the region where the economic entity, included into the Register, has its state registration, no later than three working days after the Order was issued. 

Copy of the Order of a regional office of FAS Russia must be forwarded to FAS Russia no later than three working days after it was issued. 

3.15. Copy of an Analytical report should be forwarded to FAS Russia no later than three working days after a regional FAS Russia office issued an Order on Including into the register; Copy of the Analytical report must be forwarded to the Division in charge. 

Excluding an economic entity from the Register

3.16. Grounds for initiating activities on excluding an economic entity from the Register are:

3.16.1. An Analytical report;

3.16.2. Duly attested documents, confirming liquidation of a legal person (cease of registration of an individual entrepreneur).

3.16.3. A valid court ruling on Excluding the economic entity from the Register, received in accordance with the established procedures.

3.17. To execute a procedure on Excluding from the Register an economic entity - a member of a group of persons, included into the Register, an Analytical report must contain a reasoned and documentary supported Conclusion that the economic entity operates on the same goods market with other economic entities - members of the group of persons in question, as well as that the share of the relevant goods market controlled by the economic entity does not exceed 35%. 

3.18. An Executor must establish whether an Analytical report complies with the Analysis Procedures within five days after the Division in charge received the Analytical report. 

If the Analytical report fails to comply with the Analysis Procedures, it must be returned to the Sectoral Department in form of an inter-memorandum of the Division in charge, and the procedure of Excluding from the Register must be terminated until the Sectoral Department submits а revised Analytical report to the Division in Charge. 

The Analytical report must be revised in no more than 30 days after it was returned to the Sectoral Department.

3.19. If the procedure on Excluding form the Register is initiated because an Antimonopoly body has received documentation confirming liquidation of a legal person (cease of registration of an individual entrepreneur), within five days after the documents were received by the Division in charge, an Executor verifies authenticity of the documents (a Certificate on excluding a legal person from the Unified State Register of Legal Persons, a Certificate on excluding an individual entrepreneur from the Unified State Register of Individual Entrepreneurs, a decision of the founders of a business entity on terminating its activities, or of a body of a legal person in accordance with the documents of association).

3.20. If the documents specified in Clause 3.19. of the Regulation are not authentic, within seven days after the documentations were received in the Division in charge, an Executor must prepare a Notification Letter on returning the documents. Accordingly, the administrative procedure must be terminated until the Antimonopoly body received authentic documents, confirming liquidation of a legal person (cease of registration of an individual entrepreneur).

3.21.An Executor must prepare the following materials within ten days after the documents specified in Clauses 3.16.1., 3.16.2. and 3.16.3 of the Regulation were received by the Division in charge:

a draft Order on Excluding from the Register;

a Brief substantiating the draft Order.

3.22. An Executor forwards a draft Order on Excluding from the Register (accompanied by a Brief) for approval by the Head of the Antimonopoly body within three days after the documents were endorsed by the Head of the Division in charge.

3.23. The Head of an Antimonopoly body must sign the Order within 24 hours after it was submitted for his (her) approval.

3.24. If there are insufficient grounds to make the suggested decision, within 24 hours the draft Order must be returned for revision to the Division in charge by an appropriate direction of the Head of an Antimonopoly body, which must specify the revision period. Accordingly, the administrative procedure must be terminated until the Division in charge presents a revised draft Order (Accompanied by a Brief) to the Head of an Antimonopoly body.

Such a decision may be taken by the Head of an Antimonopoly body under the following criteria: an Analytical report does not comply with the Analysis Procedures;

the Head of an Antimonopoly body is in possession of the information that affect the decision-making and was not taken into account by an Executor in course of devising the Analytical report and the Brief. 

3.25. An economic entity is listed as excluded from the Register on the date when a relevant Order of an Antimonopoly body was issued. 

3.26. Copies of the Order of an Antimonopoly authority on Excluding from the Register must be forwarded to the economic entity in question and to the Federal State Statistic Service (a regional office of the Federal State Statistic Service) no later than three days after the Order was issued.

3.27. If an economic entity is excluded from the register by an Order of FAS Russia, Copy of a FAS Russia Order must be sent to the regional office of FAS Russia in the region where the economic entity has its state registration, no later than three working days after the Order was issued.

3.28. Copy of an Analytical report should be forwarded to FAS Russia no later than three working days after a regional FAS Russia office issued an Order on Excluding from the register; Copy of the Analytical report must be forwarded to the Division in charge. 

Introducing amendments to the Register 

3.29. Grounds for initiating activities on Introducing amendments to the Register are:

3.29.1. An Analytical report, concluding that information regarding the goods market - product and/ or geographic boundaries of the goods market - where an economic entity included into the Register operates, has changed. 

3.29.2. Documents, containing information on the changed details of an economic entity included the Register.

3.30. An Executor must establish whether an Analytical report complies with the Analysis Procedures within five days after the Division in charge received an Analytical report. 

If an Analytical report fails to comply with the Analysis Procedures, it must be returned to the Sectoral Department in form of an inter-memorandum of the Division in charge, and the procedure of Excluding from the Register must be terminated until the Sectoral Department submits а revised Analytical report to the Division in Charge. 

An Analytical report must be revised in no more than 30 days after it was returned to the Sectoral Department.

3.31. If a procedure on Introducing amendments to the Register is initiated because an Antimonopoly body has received documentation confirming the change of details of an economic entity, included to the Register, the Executor verifies authenticity of the documents within five days after the documents were received by the Division in charge.

3.32. If the documents specified in Clause 3.31. of the Regulation are not authentic, within seven days after the documentations were received by the Division in charge, an Executor must prepare a Notification Letter on returning the documents. Accordingly, the administrative procedure must be terminated until an Antimonopoly body receives authentic documents, confirming the change of details of an economic entity, included to the Register. 

3.33. An Executor must prepare the following materials within ten days after the documents specified in Clauses 3.29.1. and 3.29.2 of the Regulation were received by the Division in charge:

a draft Order on Introducing amendments to the Register;

a Brief substantiating the draft Order. 

3.34. An Executor forwards a draft Order on Introducing amendments to the Register (accompanied by a Brief) for approval by the Head of an Antimonopoly body within three days after the documents were endorsed by the Head of the Division in charge.

3.35. The Head of an Antimonopoly body must sign the Order within 24 hours after it was submitted for his (her) approval.

3.36. If there are insufficient grounds to make the suggested decision, within 24 hours the draft Order must be returned for revision to the Division in charge by an appropriate direction of the Head of an Antimonopoly body, which must specify the revision period. Accordingly, the administrative procedure must be terminated until the Division in charge presents a revised draft Order (Accompanied by a Brief) to the Head of an Antimonopoly body.

Such a decision may be taken by the Head of an Antimonopoly body under the following criteria: an Analytical report does not comply with the Analysis Procedures;

the Head of an Antimonopoly body is in possession of the information that affect the decision-making and was not taken into account by an Executor in course of generating the Analytical report and the Brief. 

3.37. Information regarding an economic entity included into the Register is listed as changed on the date when a relevant Order of an Antimonopoly body was issued. 

3.38. Copies of the Order of an Antimonopoly authority on Introducing amendments to the Register must be forwarded to the economic entity, regarding which the Order was issued, and to the Federal State Statistic Service (a regional office of the Federal State Statistic Service) no later than three days after issuing the Order.

3.39. If amendments are introduced to the Register by a FAS Russia's Order, copy of the Order must be sent to the regional office of FAS Russia in the region where the economic entity has its state registration, no later than three working days after the Order was issued.

3.40. Copy of the Analytical report should be forwarded to FAS Russia no later than three working days after a regional FAS Russia office issued an Order on Introducing amendments to the Register; Copy of the Analytical report must be forwarded to the Division in charge. 

Publishing the Register 

3.41. An Antimonopoly body publishes the Register annually, for the 1st January, on the website of an Antimonopoly body. Publications are arranged in accordance with the Form attached in No.1 Appendix. 

3.42. No later than ten days after issuing an Order, an Antimonopoly body publishes current amendments to the Register on its website.

3.43. Regional offices of FAS Russia can publish extracts from the Register within the framework of their Orders (Orders of the regional offices of FAS Russia) on Including into (Excluding from) the Register and Introducing amendments to the Register:

on the website of a regional office of FAS Russia;

of the website of an executive body of a constituent territory of the Russian Federation;

in the regional media.

3.44. The Register is published by an Executor of a Division of an Antimonopoly body responsible for informing the public and the media about the work of the Antimonopoly body. 

3.45. The following information should be published:

information on an economic entity, including information regarding a group of persons (the name of an economic entity and the form of business ownership, its legal address, and the Taxpayer Identification Number);

information on a goods market (kind of goods, works or services, the market code according to the groups of the Russian Classification of Economic Activities (OKVED), the market share of an economic entity, geographic boundaries of the goods market);

date and registration number of the Order of an Antimonopoly body.

Disclosing information from the Register 

3.46. An Antimonopoly body disclosed data from the Register to legal and physical persons (further on referred to as a Petitioner) following an appropriate petition (further on referred to as a Petition) within 10 days after the Petition was registered by the Antimonopoly body. A Petition should be submitted in writing, in an arbitrary form. 

3.47. A written Petition can be mailed or delivered by a Petitioner directly to an Antimonopoly body. 

3.48. Mailing address for forwarding Petitions to FAS Russia: 

the Federal Antimonopoly Service, 11, Sadovo-Kudrinskaya St., Moscow, D-242, GPS-5, 123995.

3.49. Information on the mailing address of an Antimonopoly body and working hours of its Division, responsible for receiving the Petitions, should be put on the website of an Antimonopoly body.

3.50. Information from the Register is disclosed in form of extracts from the Register. 

3.51. Extracts from the Register are provided free-of-charge. 

3.52. Extracts from the Register on economic entities, included into the Register, are provided by an Antimonopoly body in writing according to the form given in № 1 Appendix.

Processing a Petition of an economic entity on Including into the Register, Amending information in the Register, or Excluding from the Register 

3.53. An economic entity (further on referred to as a Petitioner) can send a reasoned Petition to an Antimonopoly body on Including an economic entity (a group of person) into the Register, Excluding an economic entity (a group of person) from the Register, and on Amending information regarding an economic entity, included into the Register (further on referred to as a Petition). A Petition should be submitted in writing, in an arbitrary form. Documents and information submitted with a Petition must be complete and true. The enclosed documents must be the originals or copies of the original documents (duly effected and attested).

3.54. Materials, enclosed to a Petition, must contain the following, duly documented information:

the goods output by an economic entity (a group of persons), whose share of the relevant goods market exceeds 35%, 

sales of the above goods by an economic entity (a group of persons), with buyers' breakdown if their share is more than 5%;

export of the goods by an economic entity (a group of person) outside the geographic boundaries of goods distribution - the goods market, where an economic entity (a group of person) has a share over than 35%;

the codes of the Russian Classifications of Economic Activities, Goods, Works and Services, assigned to the goods (substitute goods);

main business performance factors of an economic entity (a group of persons) in physical and in value terms.

3.55. Information specified in Clause 3.54. must be presented in accordance with a disclosure form ( № 2 Appendix) separately for every person, that form a group of persons.

If an economic entity (a group of person) has data (in physical and value terms) on the aggregate output of the goods in question within geographic boundaries of the goods market, outbound (export) goods and inbound (import) goods turnover from/to the territory in question, such information should be added to a Petition. 

A Petition on Excluding an economic entity form the Register due to its liquidation (cease of activities by an individual entrepreneur) can only contain information on its liquidation (cease of activities by an individual entrepreneur) corroborated by the original documents (a Certificate on excluding an economic entity from the Unified State Register of Legal Persons, a Certificate on excluding an individual entrepreneur from the Unified State Register of Individual Entrepreneurs, a decision of the founders of a business entity on terminating its activities, or of a body of a legal person in accordance with the documents of association).

3.56. Grounds for initiating activities on processing a Petition of an economic entity on Including into the Register, Excluding from the Register, or Amending information in the Register, are: registration of the Petition by an Antimonopoly body. 

3.57. A Petition with enclosed documents (materials) is given to a relevant Sectoral Department.

3.58. A relevant Sectoral Department processes a Petition, and generates an Analytical report within three months after the Petition was registered by an Antimonopoly body. 

3.59. If the materials enclosed to a Petition do not contain information specified in Clause 3.54. or do not conform with the established form (№ 2 Appendix), within five days the Sectoral Department prepares a draft refusal Letter from the Antimonopoly body to the Petitioner on refusal to process the Petition (stating the relevant grounds) and the administrative procedure must be terminated. 

3.60. Processing a Petition on Excluding an economic entity from the Register due to liquidation of a legal entity (cease of activities by an individual entrepreneur), or Introducing amendments to the Register regarding change of the details of an economic entity (name, the form of business ownership, legal address, or the Taxpayer Identification Number), an Executor must verify that information given in the Petition conforms with the data from the registration and tax authorities. 

If information is verified and confirmed, within three working days the Petition must be forwarded by a Sectoral Department to the Division in charge, which initiates activities on Excluding an economic entity from the Register and Introducing amendments to the Register. 

3.61. Processing a Petition on Including an economic entity to the Register, Introducing amendments to the Register (information regarding market shares), or Excluding an economic entity from the Register (because its market share has fallen below 35%) should be based on an Analytical report. 

3.62. If information in a Petition corresponds with the Analytical report, a Sectoral Department forwards the Analytical report to the Division in charge, that initiates an appropriate administrative procedure (Including to the Register, Introducing amendments to the Register, or Excluding from the Register).

If information in a Petition does not correspond with the Analytical report, within five days a Sectoral Department must prepare a draft Letter from an Antimonopoly body to a Petitioner on refusal to execute administrative procedures, listed in Clause 3.61. of the Regulation, stating the grounds for such a refusal. 

4. Complaints procedures against actions (lack of actions) by an Antimonopoly body 

4.1. Petitioners can appeal against actions (lack of actions) by an Antimonopoly body (officials of an Antimonopoly body).

4.2. Violations of the Regulation, committed by the regional offices of FAS Russia can be appealed to FAS Russia. 

4.3. Violations of the Regulation, committed by officials can be appealed to a relevant Antimonopoly body. 

4.4. Complaints should be submitted within a calendar month after a Petitioner became aware of the actions undertaken by a regional office of FAS Russia (officials of an Antimonopoly body), which contravened the Regulation. 

4.5. Complaints against actions (lack of actions) of a regional office of FAS Russia (officials of an Antimonopoly body) must be submitted in writing, according to the form attached in № 5 Appendix to the Regulation.

To support his (her) argumentation, a Petitioner can enclose documentation substantiating the claim.

4.6. An Antimonopoly body must process a received complaint within 30 days after the complaint was registered. 

4.7. The period of complaint processing can be extended, if the Head of an Antimonopoly body makes a decision on verifying the complaint, or requesting additional information; the extended period cannot be more 30 calendar days.

A Petitioner is informed about the decision on extending the complaint-processing period in writing, specifying the grounds for extension under № 6 Appendix to the Regulation. 



The form for requesting additional information is enclosed (№ 8 Appendix to the Regulation).

4.8. A complaint submitted with breach of Clauses 4.2. and 4.3. of the Regulation, is forwarded by an Antimonopoly body, that received it, with supporting documentation, within ten days after it was registered, to a relevant Antimonopoly body, and a Petitioner is notified about readdressing the complaint in accordance with № 7 Appendix to the Regulation.

4.9. Decision regarding a complaint against actions (lack of actions) of an official of an Antimonopoly body is made by the Head of a relevant Antimonopoly body.

Decision regarding a complaint against actions (lack of actions) of a regional FAS Russia office is made by the Head of FAS Russia. 

4.10. Processing of a complaint can be denied if:

a complaint is not submitted in due form;

a Petitioner has failed to observe the period for lodging a complaint, determined in Clause 4.4. of the Regulation;

the complaint is being processed by a court or an arbitration court, or a court or an arbitration court has passed its ruling;

a Petitioner complains about the same subject matter and grounds that an Antimonopoly body already considered and reached a decision according to the established procedures.

4.11. Decision on refusal to process a complaint must be delivered within ten days after the complaint was registered (the form for a decision to refuse processing a complaint is given in № 9 Appendix to the Regulation).

Refusal to process a complaint does not deny a Petitioner the right to approach an Antimonopoly body with the same complaint after the circumstances, that warranted the refusal, have been eliminated, within the period designated for lodging a complaint. 

4.12. Processing a complaint, the Head of an Antimonopoly body must take into consideration, in particular:

documentation submitted by a Petitioner;

materials and explanations presented by the official in question;

information about a Petitioner found in the information resources of the Antimonopoly authorities;

research and audit findings.

4.13. Based on the results of processing a complaint against actions (lack of actions) of a regional FAS Russia office or an official of an Antimonopoly body, the Head of an Antimonopoly body makes one of the following decisions:

recognizes that actions (lack of actions) of a regional FAS Russia office or an official of an Antimonopoly body comply with the Regulation and, therefore, dismisses a complaint;

recognizes that actions (lack of actions) of a regional FAS Russia office or an official of an Antimonopoly body do not comply with the Regulation, completely or partially, and takes a decision to satisfy a complaint, completely or partially.



4.14. A decision of the Head of an Antimonopoly body should be made in writing, in accordance with the form attached in № 10 Appendix to the Regulation.

Copy of a decision is forwarded to a Petitioner within three working days.

4.15. If a complaint is satisfied, completely or partially, the Head of an Antimonopoly body must determine appropriate measures to eliminate the violations. 

4.16. Activities on executing a decision of the Head of an Antimonopoly body must be undertaken within ten days after the decision on a complaint was made, unless the decision states otherwise.

5. Control over the actions undertaken in performing the state function and decision-making 

5.1. FAS Russia organizes and controls execution of the state function by the regional FAS Russia offices.

To ensure comprehensive, quality execution of the state function, control measures include carrying out audits, revealing and eliminating violations of the Petitioners' rights, processing of complaints, decision-making and responding to Petitioners, and drafting decisions regarding actions (lack of actions) of officials of an Antimonopoly body.

Control of compliance with an administrative procedure may take the following forms:

а) Legal review of the draft decisions. Legal reviews lead to endorsement of the draft decisions;

b) Record management audits, carried out in accordance with the established procedures;

c) Audits and inspections carried out in accordance with the established procedures.

Audits and inspections can be regular (carried out as part of 6-month or yearly Activity Plans of an Antimonopoly body) or off-schedule. Audits can cover all issues related to execution of the state function (integrated inspections), or be arranged following a particular Petition. 

Audits and inspections, organized to verify completeness and quality of execution of the sate function, are based on the special legislative acts (Orders) of an Antimonopoly body.

To control activities performed to execute the state function and decision-making, the Head of an Antimonopoly body receives briefing notes on the outcome of executing the state function. 

Routine review of the consequence of activities, determined by the administrative procedures undertaken to execute the state functions, and decisions made by specialists, must be exercised by the officials of an Antimonopoly body responsible for organizing the work on executing the state function.

The list of officials responsible for day-to-day control is set by the special legislative acts (Orders) of an Antimonopoly body.

Frequency of routine control measures is determined by the Head of an Antimonopoly body.

Deputy Head of an Antimonopoly body is responsible for routine review of the consequence of activities, determined by an administrative procedure on executing the state function, and decision-making by an Executor and the Head of a Division in charge. 

Ongoing monitoring of the decisions made by Deputy Head of an Antimonopoly body is carried out by the Head of an Antimonopoly body.

If the audits reveal violations of the rights of Petitioners, the violators are hold liable in accordance with the legislation of the Russian Federation. 

5.2. The Head (Deputy Head) of an Antimonopoly body is personally liable for late decisions on maintaining the Register.

The Head (Deputy Head) of a Division in charge is personally liable for late and/or improper performance of administrative activities determined by the Regulation. 

An Executor is personally liable for: 

observing the terms of documents preparation;

compliance of the prepared documentation with the Regulation.