FAS HAS SUBMITTED DRAFT AMENDMENTS TO THE FEDERAL LAW “ON PROTECTION OF COMPETITION” TO THE GOVERNMENT
The amendments expand the rights of business for accelerated consideration of complaints in the construction sector
FAS drafted a law on introducing amendments to Article 18.1 of the Federal Law “On Protection of Competition” and submitted it to the Government of the Russian Federation.
Businessmen involved in construction can appeal actions of the authorities and network organizations under the so called “fast-track procedure” within 7 - 14 working days in accord with Article 18.1 of the Federal Law “On Protection of Competition”.
In this case, the fast-track applies to the complaints regarding the construction procedures that are on the exhaustive lists, approved by the Government of the Russian Federation. They formalize the functions to be performed by the authorities in the construction sector and the services that network organization must offer.
Under the fast-track procedure, however, actions of the authorities can be appealed only upon two grounds: breaching the time schedule for the procedures from a relevant list or requesting a procedure that is not included in the list. In all other cases, investigation of complaints against the authorities and cases opened upon such complaints can drag for several months.
Deputy Head of FAS Rachik Petrosyan explained: “Unreasonable administrative barriers in the construction sector have an adverse impact upon its attractiveness for business, while a lengthy procedure for eliminating several violations even more reduces such attractiveness. Therefore, FAS proposes to add new grounds to Articles 18.1 of the Federal Law “On Protection of Competition” to appeal actions of the authorities to FAS under the fast-track procedure. This refers to wrongful refusals by the authorities to accept documents and applications as well as non-statutory requirements to the applicants and their documents. FAS amendments will enable businessmen to restore their infringed rights within days and, as a consequence, it will improve business climate in construction”.
Earlier the draft law was submitted to the Ministry of Construction that approved the document unconditionally.