Executive Order of the President of the Russian Federation "On State Competition Policy Guidelines" (Order of 21 December 2017 No. 618)

23.01.2018 | 13:49

Type: Government Regulatory legal acts

Non-official translation

Executive Order

of the President of the Russian Federation

On State Competition Policy Guidelines

With the view to strengthening the national economy, further development of competition and non-admission of monopolistic activities, I hereby decree:

1. To consider active promotion of competition in the Russian Federation as a priority area for the activities of the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the Central Bank of the Russian Federation, federal executive bodies, legislative (representative) and executive public bodies of the subjects of the Russian Federation, and also bodies of local self-government.

2. To determine that the aims of improving the state policy on the development of competition are:

a) increase of customer satisfaction by expanding the range of goods, works, services, improving their quality and reducing prices;

b) increase of economic efficiency and competitiveness of economic entities, including by ensuring equal access to goods and services of natural monopolies and public services necessary for conducting business activities, stimulating innovation activity of economic entities, increasing the share of science intensive goods and services in the production structure, development of markets for high-tech products;

c) stable growth and development of a multisectoral economy, development of technologies, reduction of costs in the scale of the national economy, reduction of social tension in the society, ensuring national security.

3. To define as the basic principles of the state policy on the development of competition:

a) reduction of the share of economic entities established or controlled by the state or municipal entities in the total number of economic entities operating in commodity markets;

b) ensuring equal conditions and freedom of economic activity on the territory of the Russian Federation;

c) ensuring the development of small and medium-sized businesses;

d) the direction of public investment in the development of competition;

e) ensuring conditions for attracting investments of economic entities in the development of commodity markets;

f) inadmissibility of restraint of economically justified transition of natural monopolies from the state of natural monopoly to a competitive market;

g) state regulation of prices (tariffs), based on the recoupment of organizations that carry out regulated activities, while reducing costs and increasing their efficiency, ensuring the interests of consumers in the long-term perspective;

h) inadmissibility of state regulation of prices (tariffs) carried out by determining (fixing) prices (tariffs) or their limit level in competitive product markets, except as provided for by the legislation of the Russian Federation;

i) development of competition in the spheres of economic activity of state enterprises, enterprises with state participation;

j) combination of preventive and follow-up control for the purposes of protecting competition;

k) stimulation of economic entities, including those that occupy a dominant position in product markets, introducing a system of internal compliance with the requirements of the antimonopoly legislation;

l) transparency of antimonopoly policy;

m) responsibility of public authorities and local governments for the implementation of state policy on the development of competition;

n) measurability of the results of the state policy on the development of competition;

o) government’s stimulation of good practices of economic activity;

p) development of organized (exchange) trade in the Russian Federation;

q) information transparency of the activities of infrastructure monopolies;

r) ensuring transparency in procurement of goods, works, services for state and municipal needs, as well as procurement of goods, works and services by infrastructure monopolies and companies with state participation;

s) introduction of a risk-oriented approach in the activities of state control (supervision);

t) improvement of antimonopoly regulation in the conditions of the development of the digital economy and its globalization in order to effectively suppress transboundary violations of antimonopoly legislation and enhancing the competitiveness of Russian companies in the world markets.

4. To identify the fundamental principles of the activities of federal executive bodies:

a) a prohibition on the introduction and (or) preservation of restrictions that create discriminatory conditions for certain types of economic activity, the production and rotation of certain types of goods, the provision of certain types of services, except for cases provided for by federal laws, legal acts of the President of the Russian Federation, legal acts of the Government of the Russian Federation;

b) a prohibition on unreasonable interference in the free functioning of commodity markets, the promulgation of acts, the adoption of decisions that may lead to the prevention or elimination of competition.

5. To approve the attached National Plan on the Development of Competition in the Russian Federation for 2018-2020 (hereinafter - the National Plan).

6. To the Government of the Russian Federation to coordinate the implementation of activities provided by the National Plan.

7. To the highest officials (heads of the highest executive public) of the subjects of the Russian Federation to intensify work on developing competition in the subjects of the Russian Federation.

8. To recommend:

a) the Supreme Court of the Russian Federation to organize work on further research of the practice of the courts applying antitrust laws, legislation on state regulation of prices (tariffs), legislation on the contract system in the procurement of goods, works, services for state and municipal needs, legislation regulating the purchase of goods, works, services by specific types of legal entities, and explaining its application to the courts;

b) the Prosecutor's General Office of the Russian Federation to coordinate the activities of law enforcement agencies in order to prevent and suppress agreements restricting competition (cartels) prohibited in accordance with the antimonopoly legislation;

c) local authorities to intensify work on the development of competition in municipalities;

d) the National Council for Professional Qualifications of the President of the Russian Federation to consider the possibility of creating a council of professional qualifications in the field of competition law and developing an appropriate professional standard;

e) the Ministry of Education and Science of the Russian Federation to consider the possibility of including in the nomenclature of academic specialties of a particular specialty ("competition law"), according to which the academic degree is awarded.

9. To propose to the Civic Chamber of the Russian Federation the creation of advisory bodies on the development of competition on the basis of Public Advisory Councils of the Federal Antimonopoly Service in all the subjects of the Russian Federation, and also to take part in the work of a collegial coordination or advisory body established in the subjects of the Russian Federation with a high official for introduction of the standard for the development of competition in the subjects of the Russian Federation, approved by the Decree of the Government of the Russian Federation of September 5, 2015 № 1738-p.

10. To offer self-regulating organizations, public organizations, trade unions and consumer councils to:

a) take an active part in the work of advisory bodies on the development of competition;

b) use the mechanism of public control over the activities of public authorities and local self-government to identify acts and actions aimed at restricting competition and creating unreasonable administrative barriers;

c) send annually to the Federal Antimonopoly Service information on the assessment of the state of competition in the Russian Federation and the efficiency of state competition policy for inclusion in the report on the state of competition in the Russian Federation prepared by the Federal Antimonopoly Service in accordance with paragraph 10 of part 2 of Article 23 of the Federal Law "On Protection of Competition";

d) continue work on the formation of an intolerant public attitude towards any manifestations of acts of unfair competition and economic activity aimed at monopolization;

e) take part in interaction with the mass media in information distribution on the implementation of the state policy on the development of competition, on the requirements of the antimonopoly legislation and on the positive experience of citizens opposition and institutions of civil society with manifestations of acts of unfair competition and economic activity aimed at monopolization.

 

President

of the Russian Federation                                                                                                                                   Vladimir Putin

 

Moscow

21 December 2017                                                                                                                                                            № 618


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