5th Antimonopoly Package: Federal Law On Amendments to the Federal Law on Protection of Competition and Amendments to the Code on Adminitrative Offences

17.10.2018 | 15:44

Type: Laws

D R A F T

Non-official translation

 

FEDERAL LAW

 

On Amendments to the Federal Law on Protection of Competition

 

Article 1

The following amendments should be introduced to the Federal Law No. 135-FZ on Protection of Competition of 26.07.2006:

1)                Article 4:

a)                Add Paragraphs 41 and 42 of the following content:

"41) digital platform is an infrastructure located in the information-telecommunication network Internet, which is used to organize and provide interaction between sellers and buyers;

42) network effect is the dependence of the consumer value of goods on the number of consumers of the same group (direct network effect) or the change in the value of the goods for one group of consumers with a decrease or increase in the number of consumers in another group at the same time (indirect network effect).";

b)                Add Paragraph 24 of the following content:

"24) authorized representative is a legal entity or an individual determined by the competition authority in accordance with the procedure established by this Federal Law to monitor and facilitate the execution of prescription issued by the competition authority."

2)                Article 5:

a)                In Part 2 words «in Part 3 and 6» change with «in Parts 23, 3 and 6»;

b)                Add Part 23 of the following content:

"23) The position of an entity holding a digital platform can be recognized as dominant if such digital platform occupies more than 35% of the interchangeable service market using digital platforms related to the interaction of sellers and buyers, and if network effects based on number of digital platform users provide such an economic entity with an opportunity to significantly influence general conditions of goods circulation on the relevant market and (or) to eliminate other economic entities from this commodity market and (or) inhibit access to the market to other economic entities.

The position of an economic entity that owns a digital platform or several similar (interchangeable) digital platforms with revenues less than 400 million rubles in the last calendar year cannot be recognized as dominant.";

c)                 Part 8 should be complemented with the following second paragraph:

"When analyzing the state of competition on commodity market (commodity markets) where the interaction of sellers and buyers is organized and provided through digital platforms, the competition authority also determines network effects and assesses its impact on the ability of the economic entity to significantly influence the overall conditions of goods circulation on the relevant commodity market, and (or) to eliminate other economic entities from this commodity market and (or) inhibit access to the market to other economic entities, including by means of a significant amount of transactions through digital platforms, or on the lack of this ability."

3)                Part 7 Article 11 should be complemented with the following: ", as well as the agreements stipulated by Paragraph 2 Part 1 of this Article."

4)                Part 8 Article 11 should be complemented with the following: "In this Article, Articles 111 and 32 of this Federal Law, except for Paragraphs 20-25 of Part 5 Article 32."

5)                Part 1 Article 13 after words: "Actions (lack of actions) of economic entities provided for in Part 1 Article 10 of this Federal Law (except actions (lack of actions) stated in Paragraph 1 (except fixing or maintaining price of goods, which are the results of innovative activities), 2, 3, 5, 6, 7 and 10 of Part 1 Article 10 of this Federal Law)" should be complemented with the following "coordination provided by Part 5 Article 11 of this Federal Law."

6)                In Subparagraph "m" of Paragraph 2 Part 1 Article 23 the words "facilities of industrial property" shall be replaced with "results of intellectual activity and equal means of individualization.";

7)                Paragraph 2 Part 1 Article 23 should be complemented with Subparagraphs "n" and "o" of the following content:

"n) on the procedure for granting or transferring to others the rights on the results of intellectual activity and means of individualization equal to them, which are controlled by the person applying for the transaction, other actions of economic concentration, as well as other persons participating in the merger of commercial organizations, one or several commercial organizations, the establishment of a commercial organization;

  • o) on the determination, as agreed with the person applying for the transaction, of a different activity of economic concentration, an authorized person monitoring and facilitating the execution of the order issued by the antimonopoly authority.";

8)                Part 2 Article 23 should be complemented with Paragraph 31 of the following content:

"31) establishes the rules of monitoring and facilitating the execution of a ruling issued by the competition authority by an authorized representative.";

9)                Part 1 Article 28 should be read as follows:

"1. In case the total value of assets under the recent balance sheet of a person acquiring shares, rights and (or) property and its group of persons, a person, who is an object of economic concentration and its group of persons, exceeds seven billion rubles or if their total revenue from the sale of goods for the last calendar year exceeds 10 billion rubles, while the total value of assets under the last balance sheet of the person, who is an object of economic concentration, and his group of persons exceeds 400 million rubles, or the transaction price exceeds 7 billion rubles with the prior consent of the competition authority, the following transactions with shares, rights and (or) property.";

10)           Article 32:

a)                In Part 5:

-                     Paragraph 19 should be eliminated;

-                     Paragraph 20 should be restated as Paragraph 19;

-                     Paragraphs 61, 181, 182, 20-25 should be added:

"61) in case the person who is an object of economic concentration, carries out polygraphic activities or activities of editors office and (or) the publisher and (or) the founder of the periodical print publication, information on the number of printed sheets per month or on the cumulative product circulation issued during a year preceding the transaction or relevant application;

181) in case the control over the applicant is carried out by an individual with Russian citizenship, an application from that individual or his representative per procuration (signed) on the absence of other citizenship and on the status of a tax resident of the Russian Federation according to the legislation on taxes and fees;

182) in case the control over the applicant is carried out by a Russian citizen on the basis of a confidential form of ownership or another similar form, information on the conditions for the establishment of trust property or other management of property with a trust declaration, trust agreement or other document, the control on the basis of a confidential form property is determined based on the documents specified in this Paragraph;

20) information on the activities carried out by the person as an object of economic concentration, and persons controlled by him, provided by Article 6 of the Federal Law №57-FZ of April 29, 2008 "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security" (hereinafter - the Federal Law On the Procedure for Foreign Investments in the Business Entities of Strategic Importance for Russian National Defense and State Security), or a written statement that these persons do not perform these activities, either written statement that the applicant cannot provide such information;

21) list of licenses and (or) other permits of the person, who performs as an object of economic concentration, and persons controlled by him for carrying out the types of activities provided by Article 6 of the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security", or a written application on the absence of such licenses and (or) other permits from the mentioned persons, or a written statement that the applicant cannot provide such information;

22) information on the agreements (including contracts) of a person performing as an object of economic concentration, that can significantly influence the behavior of another person carrying out the types of activities provided by Article 6 of the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security" or a written statement that the applicant cannot provide such information;

23) in case the person, who is an object of economic concentration and (or) persons controlled by him carry out polygraphic activities, information on the number of printed sheets by each of them each month within two years preceding the day of submission of the application or notification, broken down by months, or during the term of such activities, if it is less than two years, as well as information on the maximum production capacity of the polygraphic equipment of each of these persons;

24) in case the person, who is an object of economic concentration, and (or) persons controlled by him carry out activities of the editors office and (or) the publisher and (or) the founder of the periodical print publication, information on the total product circulation produced by each of such persons, published during one year preceding the transaction or the relevant application, in case the total product circulation was not less than:

a)                15 million periodical print publications published two or more times per week;

b)                2,5 million periodical print publications published once a week, once in two weeks or once in three weeks;

c)                 700 000 periodical print publications published once a month or two months;

d)                300 000 periodical print publications published not more than once a quarter;

25) if the person, who is an object of economic concentration, and (or) persons controlled by him carry out the types of activities provided by Article 6 of the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security" or have licenses and (or) other permits, specified in Paragraph 21 of this Part, or participate in the agreement specified in Paragraph 22 of this Part:

a) information on each person exercising control over the applicant (hereinafter – the controller) and on the evidences of direct or indirect control over applicant, according to Article 5 of the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security", with copies of documents supporting these evidences;

b) in case the control over the applicant is carried out by a Russian citizen, information on the holding foreign citizenship and on whether the specified citizen is a tax resident, according to the Russian legislation on taxes and fees;

c) in case the applicant submitted applications, notifications or requests for the approval of the relevant transaction or other action, according to Part 6 Article 8 of the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security", with respect to the person, who is an object of economic concentration, to the federal executive body authorized to monitor the implementation of foreign investments or information on the beneficiaries, beneficial owners and controllers of the applicant, information on such applications, notifications and requests, on the provision of such information, as well as the results of their consideration.";

- to insert the following:

"In Paragraphs 20-25 of this Part, "control", "controller", "controlled person" are used in the same meaning as in Articles 3 and 5 of the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security";

b) in Part 9, after the words "in the information-telecommunication network Internet", add the words "with information about the participants and the subject of the transaction, other actions stated in the application (with the exception of personal data of physical persons)";

c) add Part 11 of the following content:

"11. In the course of consideration of an application, the competition authority has the right to request from other government bodies documents and information necessary to consider the application while simultaneously providing information contained in the application for the specified purposes, in compliance with legislation of the Russian Federation regarding national security information, bank secrecy, commercial secret or other secret protected by the law.";

11) in the Article 33:

a) in the Paragraph 3 Part 2 after the words "cannot exceed nine months" add the following sentence: "If a transaction or other action is of a transborder nature (in addition to the market of the Russian Federation it also affects foreign markets), the competition authority with the consent of the Government of the Russian Federation has the right to extend the period specified in the current Paragraph, but no longer than three years";

b) in the Paragraph 31 Part 2 words "under No.57-FZ Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security" of 29th April 2008 (further on referred to as the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security")" should be replaced with words "under the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security";

c) Part 2 should be complemented with the Paragraph 32 of the following content:

"32) on the extension of the period for consideration of the application for the duration of the review of the necessity (absence of necessity) of the preliminary approval of the deal, other action stated in the application, under the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security", up to the day of verification by the authorized body the necessity (absence of necessity) of the preliminary approval of the deal, other action, but no longer than one month from the moment of commencement of such verification";

d) Part 2 should be complemented with the Paragraph 33 of the following content:

"33) on the extension of the period for consideration of the application in the event of the decision on the circumstances of the application under consideration and physical examination of this decision for a period no longer than three months";

e) Part 2 should be complemented with the Paragraph 51 of the following content:

"51) on refusal to satisfy the application in case of refusal of the applicant to provide information requested by the authorized body for the review of the necessity (absence of necessity) of the preliminary approval of the deal, other action, under the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security";

f) Part 2 should be complemented with the Paragraph 7 of the following content:

"7) on the return of the application if the applicant within three months after receiving the decision of the competition authority to extend the period for considering the application specified in the Paragraph 31 of this Part did not submit application for getting consent for implementation of transaction or other action under the Federal Law "On the Procedures of Foreign Investments in the Business Entities of Strategic Importance for National Defence and State Security" to the federal executive authority authorized to perform functions to control the implementation of foreign investment";

g) Part 3 to read as follows:

"3. The period stated in Part 1 of this Article can be prolonged for the period not more than two months by decision provided for by Paragraph 2 Part 2 of this Article. If a transaction or other action is of a transborder nature (in addition to the market of the Russian Federation it also affects foreign markets), the competition authority with the consent of the Government of the Russian Federation has the right to extend the period specified in the Part 1 of this Article, but no longer than for five years. In case if such decision is taken the competition authority posts on its official site in the information-telecommunication network Internet the information about the expected transaction, other action declared in the application for getting consent for implementation of transaction, other action with information about the participants and subject matter of the transaction, other actions stated in the application (with the exception of personal data of physical persons). The interested persons have the right to submit to the competition authority the information about the influence of this transaction, other action on the condition of competition";

h) Part 3 should be complemented with the Paragraphs 31 and 32 of the following content:

"31) In the period pending decision of the competition authority on the results of the consideration, the persons submitting the application have the right to submit to the competition authority the obligations to carry out actions aimed at ensuring competition.

32) If the competition authority makes a decision provided for in Paragraph 2 Part 2 of this Article, the competition authority may involve expert to consider the application for getting consent for implementation of transaction, other action subject to state control. Expert is a person who has special knowledge of the issues related to the application. Expert should be independent with respect to the exchanging parties and the object of economic concentration. Information on the involvement of experts and the appointment of expertise is indicated by the competition authority in the decision provided for in Paragraph 2 Part 2 of this Article. Expert, with the permission of the competition authority, has the right to familiarize himself with the application, documents submitted together with the application, as well as with other materials related to the consideration of the application and submitted to the competition authority, including those constituting a trade secret, provided that he undertakes to keep the information that constitute the secret protected by the law under a duty of confidence. Expert has the right to refuse to give an opinion on issues that go beyond his special knowledge, as well as if the materials provided to him are insufficient to give an opinion. For providing an opinion that deliberately includes false information, the expert is liable under the legislation of the Russian Federation. When appointing an expertise, the period for consideration of the application is suspended for the duration of the expertise";

i) Paragraph 2 Part 5 to read as follows:

"2) procedures for granting or transferring to individuals, determined by the competition authority, rights to the results of intellectual activity and equivalent means of personalization which are managed by the applicant as well as by other persons participating in the merger of commercial organizations, merger with a commercial organization of one or several commercial organizations, creation of a commercial organization";

j) in Part 6 after the words "for concluding a transaction provided for by Articles 28 and 29 of this Federal Law" add the words "stipulated by Paragraph 1 Part 2 of this Article, or approval of the application for getting consent for implementation of transaction, other action and on the simultaneous issuance of a ruling provided for by the Paragraph 4 Part 2 of this Article";

k) add Part 61 of the following content:

"61. If the competition authority determines that the transaction or other action stated in the application will or may lead to restriction of competition, the competition authority sends to the applicant, as well as to other persons participating in the transaction or in other action specified in the application, conclusion on the circumstances of the application prior to making a decision.

Conclusion should contain:

1)                factual and other circumstances established by the competition authority upon the results of the application review, during the competition authority's analysis of the state of competition and based on the information received at the request of the competition authority, as well as the description of the evidence supporting the preliminary findings of the competition authority that transaction will or may lead to restriction, non-admission or elimination of competition;

2)                proposed conditions that can be established by the competition authority in relation to the applicant, as well as other persons participating in the transaction or other action specified in the application, for the purpose of ensuring competition.

In the event that a conclusion is made on the circumstances at the request of the persons participating in the transaction or other action specified in the application, including when such persons submit written proposition of their obligations for the implementation of actions aimed at ensuring competition, or on its own initiative, the competition authority shall appoint a physical consideration of the application, which shall be subject to a determination to be sent to the applicant, as well as to other persons participating in the transaction or other action specified in the application. In this case, the date for the physical consideration of the application cannot be earlier than in five working days from the date of sending the conclusion to the specified persons.

Persons participating in the transaction or other action specified in the application shall have the right to submit to the competition authority explanations, evidence and arguments in written form in respect of the circumstances specified in the conclusion, prior to the termination of the application review and decision making.

The procedure for the physical consideration of the application is established by the federal competition authority.";

l) add Part 71 of the following content:

"71. For the purpose of monitoring and facilitating antimonopoly compliance, the competition authority, upon agreement with the applicant whose transactions and (or) other actions are reviewed by the competition authority in accordance with Paragraph 4 Part 2 of this Article may appoint an authorized representative.

Authorized representative is a legal entity or an individual who has special knowledge on matters relating to the enforcement of the ruling.

Authorized representative should be independent with respect to the merging parties and (or) other actions and the person or persons to whom the ruling was issued.

Authorized representative cannot be legal entity or an individual:

1) in relation to which ruling of the competition authority was issued or member of one group with the person in relation to which ruling of the competition authority was issued;

2) who is a competitor of the person in relation to which ruling of the competition authority was issued, and (or) a person who enters with such person into one group of persons;

3) who is a seller or a buyer to a person in relation to which ruling of the competition authority was issued and (or) a person who enters with such person into one group of persons. The competition authority determines the list of issues that require monitoring and assistance. Applicants whose transactions and (or) other actions are reviewed by the competition authority in accordance with Paragraph 4 Part 2 of this Article shall have the right to propose to the competition authority the list of issues that require monitoring and assistance.

Authorized representative has the right to familiarize with the application review materials, including information that constitutes a secret protected by the law, if it accepts the obligation not to disclose the information constituting a secret protected by the law under a duty of confidence.

Authorized representative is responsible for disclosure of information constituting a secret protected by the law in accordance with the legislation of the Russian Federation.

Authorized representative has the right to refuse to perform the functions of monitoring and facilitating the execution of a ruling on matters that go beyond its special knowledge, and if the materials provided are insufficient to give an opinion.

The decision to involve an authorized representative together with information about such person and list of issues that require monitoring and assistance, as well as the procedure and time limits for granting the information to the competition authority and the person to whom the prescription was issued on performance of the functions assigned should be made together with the decision specified in Paragraph 4 Part 2 of this Article.

Information on the authorized representative, list of issues that require monitoring and assistance, the procedure and time limits for granting the information to the competition authority and the person to whom the prescription was issued on performance of the functions assigned shall be indicated in the decision of the competition authority.";

12) Article 34 should be complemented with the Part 51 of the following content:

"51. On non-compliance of the ruling of the competition authority, which was issued in accordance with the procedure specified in the Paragraph 4 Part 2 Article 33 of this Federal Law, if such non-compliance leads or can lead to the prevention, restriction or elimination of competition, the competition authority has the right to:

1)                file a claim in court for the exemption to use in the territory of the Russian Federation in the interests of competition development the results of intellectual activity and equivalent means of personalization belonging to the person to whom the ruling was issued if the ruling was related to the exercise by such person of the exclusive rights to the results of intellectual activity and equivalent means of personalization, under conditions of the ruling;

2) file a claim in court with the request to prohibit (restrict) the turnover in the territory of the Russian Federation by the person to whom the ruling was issued, of goods produced using the results of intellectual activity, the exercise of exclusive rights to which is associated with the implementation of this ruling."

 

 

President of the Russian Federation                                                                                                                   Vladimir Putin

 

 

Submitted By the Government of the Russian Federation

 

Draft

Non-official translation

 

FEDERAL LAW

On amendments introduced to the Code of Administrative Offences of the Russian Federation

The following amendments should be introduced to the Code of Administrative Offences of the Russian Federation (Collected Acts of the Russian Federation, 2002, 2002, No. 1, Article 1; No. 30, Article 3029; No. 44, Article 4295; 2003, No. 27, Article 2700, 2708, 2717; No. 46, Article 4434; No. 50, Article 4847, 4855; 2004, No. 31, Article 3229; No. 34, Article 3529, 3533; 2005, No. 1, Article 9, 13, 37, 40, 45; No. 10, Article 763; No. 13, Article 1075, 1077; No. 19, Article 1752; No. 27, Article 2719, 2721; No. 30, Article 3104, 3124, 3131; No. 50, Article 5247; No. 52, Article 5574; 2006, No. 1, Article 4, 10; No. 10, Article 1067; No. 12, Article 1234; No. 17, Article 1776; No. 18, Article 1907; No. 19, Article 2066; No. 23, Article 2380; No. 31, Article 3420, 3433, 3438, 3452; No. 45, Article 4641; No. 50, Article 5279; No. 52, Article 5498; 2007, No. 1, Article 21, 29; No. 16, Article 1825; No. 26, Article 3089; No. 30, Article 3755; No. 31, Article 4007, 4008; No. 41, Article 4845; No. 43, Article 5084; No. 46, Article 5553; 2008, No. 18, Article 1941; No. 20, Article 2251; No. 30, Article 3604; No. 49, Article 5745; No. 52, Article 6235, 6236; 2009, No. 7, Article 777; No. 23, Article 2759, 2776; No. 26, Article 3120, 3122; No. 29, Article 3597, 3599, 3642; No. 30, Article 3739; No. 48, Article 5711, 5724, 5755; No. 52, Article 6412; 2010, No. 1, Article 1; No. 19, Article 2291; No. 21, Article 2525, 2530; No. 23, Article 2790; No. 25, Article 3070; No. 27, Article 3416; No. 30, Article 4002, 4006, 4007; No. 31, Article 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 32, Article 4298; No. 41, Article 5192; No. 49, Article 6409; No. 52, Article 6984; 2011, No. 1, Article 10, 23, 54; No. 7, Article 901; No. 15, Article 2039; No. 17, Article 2310; No. 19, Article 2715; No. 23, Article 3260; No. 27, Article 3873, 3881; No. 29, Article 4290, 4298; No. 30, Article 4573, 4585, 4590, 4598, 4600, 4601, 4605; No. 46, Article 6406; No. 48, Article 6728; No. 49, Article 7025, 7061; No. 50, Article 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, No. 6, Article 621; No. 10, Article 1166; No. 19, Article 2278, 2281; No. 24, Article 3069, 3082; No. 29, Article 3996; No. 31, Article 4320, 4330; No. 47, Article 6402, 6403, 6404; No. 49, Article 6757; No. 53, Article 7577, 7602, 7640; 2013, No. 14, Article 1651, 1666; No. 19, Article 2323, 2325; No. 23, Article 2871; No. 26, Article 3207, 3208; No. 27, Article 3454, 3470; No. 30, Article 4025, 4027, 4029, 4030, 4031, 4032, 4033, 4034, 4036, 4040, 4044, 4078, 4082; No. 31, Article 4191; No. 43, Article 5443, 5444, 5445, 5452; No. 44, Article 5624, 5643; No. 48, Article 6161, 6165; No. 49, Article 6327, 6341; No. 51, Article 6683, 6685, 6695; No. 52, Article 6961, 6980, 6981, 6986, 7002; 2014, No. 6, Article 559, 566; No. 11, Article 1092, 1096; No. 14, Article 1562; No. 19, Article 2302, 2306, 2310, 2317, 2324, 2325, 2326, 2327, 2330, 2335; No. 26, Article 3366, 3379; No. 30, Article 4211, 4218, 4228, 4233, 4248, 4256, 4259, 4264, 4278; No. 42, Article 5615; No. 43, Article 5799; No. 48, Article 6636, 6638, 6642, 6651; No. 52, Article 7541, 7550, 7557; 2015, No. 1, Article 29, 35, 37, 67, 74, 83, 85; No. 10, Article 1405, 1416; No. 13, Article 1811; No. 18, Article 2614, 2620; No. 21, Article 2981; No. 24, Article 3367, 3370; No. 27, Article 3945, 3950, 3966; No. 29, Article 4354, 4359, 4362, 4374, 4376, 4391; No. 41, Article 5629, 5637; No. 44, Article 6046; No. 45, Article 6205, 6208; No. 48, Article 6706, 6710; No. 51, Article 7250; 2016, No. 1, Article 11, 28, 59, 63, 76, 84; No. 10, Article 1323; No. 11, Article 1481, 1491, 1493; No. 15, Article 2066; No. 18, Article 2509, 2514, 2515; No. 23, Article 3285; No. 27, Article 4305):

1) Part 1 of Article 3.2 to be complemented with Clause 12 as follows:

“12) restriction of access to information systems and (or) programs for computer software”;

2) Part 2 of Article 3.3 after the words “on the day” to be complemented with the following: “access restriction to information systems and (or) computer software”;

3) The new Article 3.15 should be introduced as follows:

“Article 3.15. Restriction of access to information systems and (or) programs for electronic computers

1. Access restriction to information systems and (or) computer software means the access restriction to information systems and (or) computer software designed and (or) used to provide and (or) distribute information in the information and telecommunication network (networks).

Access restriction to information systems and (or) computer software can be applied to the data processor that committed an administrative offense, the facilitator of dissemination of information in the information and telecommunication network (networks) that operate for functioning of such information systems and (or) computer software. Access restriction to information systems and (or) computer software is established for administrative offenses against management scheme.

Access restriction to information systems and (or) computer software should be imposed only in those cases provided by the Articles of the Code, if more mitigating administrative punishments can not meet the purpose of such a punishment.

Access restriction to information systems and (or) computer software shall be imposed by a judge.

2. Access restriction to information systems and (or) computer software is established for up to 90 days. The period for access restriction to information systems and (or) computer software starts when the body, which carries out control and supervision functions in the sphere of communication, information technologies and mass communications, directs the judge’s regulation, which came into legal force, on interaction system of the requirement of the service provider regarding measures for access restriction to information systems and (or) computer software.

3. The judge imposed administrative punishment in the form of restriction of access to information systems and (or) computer software, on the basis of the application of the operator of the information system, the organizer of the dissemination of information on the Internet that operates for functioning of such information systems and (or) computer software, within ten working days considers and immediately prematurely terminates the execution of an administrative punishment in the form of restricting access to information systems and (or) computer software, if it is established that the circumstances that served as a basis to the imposition of such an administrative punishment have been eliminated;

3) The Note 4 to Article 14.32 to be complemented with Clause 3 as follows:

“3) Perpetration of an administrative offence using a price algorithm”;

4) Article 19.5:

a) Paragraph 2 of Part 2.1 after words “five hundred thousand rubles” to be complemented with the following: “and (or) restriction of access to information systems and (or) computer software for a period of up to ninety days”;

b) Paragraph 2 of Part 2.2 after words “five hundred thousand rubles” to be complemented with the following: “and (or) restriction of access to information systems and (or) computer software for a period of up to ninety days”;

5) Article 19.5 to be complemented with Part 2.31 as follows:

“2.31. Failure to comply within the prescribed period of a legal order of the federal antimonopoly authority, its territorial body to cease violating the rules of non-discriminatory access to goods (works, services) or a legal decision, the order of the federal antimonopoly authority and its territorial body to carry out actions aimed at ensuring competition, and (or) to cease the violation of antimonopoly legislation of the Russian Federation if one was previously brought to administrative liability for failure to comply with this decision or the regulations, and the federal antimonopoly authority, its territorial body has established the new deadlines for the execution of the decision or regulations,-

entails the disqualification of physical bodies for a period of one up to three years; the imposition on legal entities of an administrative fine in the double amount of the amount previously imposed for the offense provided for in parts 2.1-2.3 of this article, or the amount of the offender's expenses for the purchase of goods (works, services), in the market where an administrative offense was committed, but not more than one fiftieth of the total amount of the offender's revenue from the sale of all goods (works, services) and not less than one hundred thousand rubles”;

6) Paragraph 5 of Part 3 of Article 23.1 after words “14.61” to be complemented with the following: “, Parts 2.1 and 2.2 of Article 19.5 (regarding the administrative offenses committed by operators of information systems, organizers of information distribution in the information and telecommunication network (networks)”;

7) The new Article 32.15 to be introduced as follows:

“Article 32.15. Execution of the resolution on restriction of access to information systems and (or) computer software.

1. The regulation of the judge that appointed the administrative punishment in the form of restricting access to information systems and (or) computer software must contain the domain name and (or) network web-links and (or) web-indexes on the Internet, which allow to conduct an identification of an information resource. The decision of the judge is executed by the authority that performs the functions of control and supervision in the field of communications, information technology and mass communications immediately after issuing of such a regulation.

2. Within a day starting at the moment of receipt by the authority responsible for control and supervision in the field of communications, information technology and mass communications of the relevant regulation, the abovementioned authority sends to the communication system operators the requirement to take measures to restrict access to information systems and (or) computer software.

The operators providing data communication services and Internet access services to restrict access to information systems and (or) computer software that are designed and (or) used to provide and (or) disseminate information in the information and telecommunications network (s) and the operation of which is provided by the operator of the information system, the organizer of the dissemination of information in the information and telecommunications network(s) brought to administrative liability.

3. Restriction of access to information systems and (or) computer software is terminated prematurely by a judge that appointed an administrative punishment in the form of restriction of access to information systems and (or) computer software, at the request of the information system operator, organizer of information dissemination on the Internet that operates for functioning of such information systems and (or) computer software, if it is established that the circumstances that served as a basis to the imposition of such an administrative punishment have been eliminated. At the same time, the judge that imposed an administrative punishment in the form of restricting access to information systems and (or) computer software mandatory requests the opinion of an official authorized in accordance with Article 28.3 of the Code to draw up an administrative offense report. When a judge’s request is received, in order to prepare a report, an official authorized to draw up an administrative offense report in accordance with article 28.3 of the Code verifies the elimination of the circumstances served as a basis to an administrative punishment in the form of restricting access to information systems and (or) computer software within a period of not more than five working days. The conclusion is given in a writing form with an indication of the facts testifying to the elimination or non-elimination by the operator of the information system, the organizer of information dissemination in the information and telecommunication network (s) that operates for functioning of such information systems and (or) computer software, the access to which is restricted, as well as the circumstances served as a basis to the imposition of such an administrative punishment. The conclusion is not mandatory for the judge that imposed an administrative penalty in the form of restricting access to information systems and (or) computer software, and is evaluated according to the Article 26.11 of the Code. The judge’s disagreement with the conclusion must be motivated. A petition is considered by a judge that imposed an administrative penalty in the form of restricting access to information systems and (or) computer software within ten working days beginning at the date of receipt of the petition provided for by Chapter 29 of the Code, taking into account the features established by this Article.  At the same time the participation of the operator of the information system, the organizer of information dissemination in the information and telecommunication network (s) that operates for functioning of such information systems and (or) computer software, the access to which is restricted, which has the right to give explanations and to submit documents, is mandatory.

4. After examining the submitted documents, the judge that imposed an administrative penalty in the form of restricting access to information systems and (or) computer software, makes a decision to terminate the execution of administrative punishment in the form of restricting access to information systems and (or) computer software to satisfy the petition.

In the resolution on early termination of execution of administrative punishment in the form of restricting access to information systems and (or) computer software the data provided by Article 29.10 of the Code, as well as the date of renewal of access to information systems and (or) computer software are specified.

5. After the expiration of the period established in the regulation on restricting access to information systems and (or) computer software, in case if the execution of an administrative punishment in the form of restricting access to information systems and (or) computer software is not terminated early under the grounds and in the manner provided for in Parts 3 and 4 of this Article, an official authorized in accordance with Article 28.3 of the Code to draw up a report on administrative offense of the law, checks the elimination of the circumstances that served as a basis to the imposition of an administrative punishment in the form of restricting access to information systems and (or) computer software.

In case if, based on the results of the audit, one establishes that the circumstances that served as a basis for imposing an administrative punishment in the form of restricting access to information systems and (or) computer software have not been eliminated, the official authorized in accordance with Article 28.3 of the Code to draw up a report on administrative offense, a new report on administrative offense may be drafted”.

 

President of the Russian Federation                                                                                                             Vladimir Putin

Amendments to the Code on Adminitrative Offences
(PDF, 226.975 Kb)
Explanatory note to the Federal Law - On Amendments to the Federal Law on Protection of Competition
(PDF, 97.516 Kb)
Amendments Law on Protection of Competition
(PDF, 234.993 Kb)

Site Map

News & Events Press Releases Media Releases Image Library About the FAS Russia What We Do General Information Mission, Goals, Values Priority Setting Institutional Memory Stakeholders Engagement Center for Education and Methodics Our History Our Structure Powers of Head and Deputy Heads Our Ratings GCR Using our website International Cooperation Treaties & Agreements International Working Groups Working Group on Research of Competition Issues in the Market of International Telecommunications (Roaming) Meetings Working Group for Studying Competition Problems in the Pharmaceutical Sector Concept Note Meetings OECD Competition Committee OECD meetings 2013 OECD meetings 2014 OECD meetings 2015 OECD meetings 2016 OECD meetings 2017 OECD meetings 2018 FAS Annual Reports OECD-GVH RCC RCC Newsletter ICAP Council on Advertising Headquarters for Joint Investigations UNCTAD 13th session IGE UNCTAD Resolution Russian contributions 14th session IGE UNCTAD Resolution Russian contributions 15th session IGE UNCTAD 16th session IGE UNCTAD 17th session IGE UNCTAD EEU Model Law on Competition ICN BRICS WG (Markets of Social Importance) EU APEC Competition Policy and Law Group Annual meetings Projects ERRA Full Members Organizational Structure Archive Working Group on Investigating Issues on Pricing in the Oil and Oil Product Markets and Methods of their Functioning Meetings Document Library Legislation Reports & Analytics Cases & decisions Contacts Give feedback Contact us Links Authorities Worldwide