Sergey Puzyrevskiy: the Antimonopoly Service shall have to introduce the adversarial principles in tariff dispute investigation

FAS is forming a system that provides for public discussions in tariff-setting

Speaking at the session on “Public speech as a tool of the modern law” at the Legal Forum organized by the “Vedomosti” newspaper, Deputy Head of FAS Sergey Puzyrevskiy outlined the importance of open discussions on antimonopoly and tariff disputes.

“Studying the current state of antimonopoly regulation in detail, all necessary conditions are created at the legislative level for the adversarial system in investigating cases for violations of the Law “On Protection of Competition””, reported Deputy Head of FAS. “Therefore, lawyers can present their position now not only in writing but also in the form of public speech”.

“The situation in tariff regulation is quite the opposite. Such an infrastructure practically does not exist there. Tariff regulation comprises plenty of procedures but they do not presume the adversarial principle”, stated Sergey Puzyrevskiy. “FAS stared building up a system that will offer possibilities for discussions. Publicity should become a mandatory element of regulation. Open discussions should be used as often as possible in tariff regulation because it will enable solving a lot of issues at the level of discussions”.

Deputy Head of FAS presented his opinion on the great significant of public speech in making public administrative decisions. According to Sergey Puzyrevskiy, the statistics of the Ministry of Economic Development shows that every year the authorities pass around 25,000 regulatory acts.  He stressed that plenty of documents appear as a result of public discussions.

“There are examples, however, when regulatory acts drafted without discussions are not always interpreted unequivocally, and it can be eliminated through discussions”, said Deputy Head of FAS.

Closing up, Sergey Puzyrevskiy expressed his gratitude to the organizers of the Legal Forum since the outcomes of such discussions enable to draw up and pass the laws that enhance the quality of enforcement.