FAS published a template for complaints against actions of the government officials and organizations in the constructions sector

FAS published a template for complaints against actions of the government officials and organizations in the constructions sector

From January 2016, the Federal Antimonopoly Service (FAS Russia) reviews complaints against actions undertaken by the authorities, municipalities and engineering-and-technical organizations, responsible for construction.

FAS was assigned the new powers by No. 250-FZ Federal Law of 13.07.2015 that came into force on 10 January.

Legal entities can file complaints to FAS no later than three months after the appealed action is exercised.  FAS must review the complaints within seven days.  

“Should a complaint be justified, the violator shall be issued a binding determination by FAS with the instructions to eliminate the violation”, said the Head of FAS Department for Control over Construction and Natural Resources, Vladimir Kudryavtsev.

The violator shall be also held administratively liable. The fines for government officials will be from 3000 to 5000 RUB, for a repeated violation – from 30,000 to 50,000 RUB or disqualification for two years. The fines for organizations that provide network connection can be from 100,000 to 500,000 RUB, for their executives – from 10,000 to 40,000 RUB. Repeated violations are punishable by disqualification for up to 3 years or increased fines: 50,000 RUB for executives and by up to 1 million RUB for organizations.

Reference:

No. 250-FZ Federal Law of 13.07.2015 made changes to Article 18.1 of the Federal Law “On Protection of Competition” (No.135-FZ that formalized the complain reviewing procedure and to Article 23 in the part of issuing determination should a fact of violating the law is ascertained.