COURT PRONOUNCED LEGITIMACY OF THE WARNING ISSUED TO THE FEDERAL INSTITUTE OF PEDAGOGICAL MEASUREMENTS

The Federal Institute of Pedagogical Measurements (FIPI) refused to execute a legitimate FAS warning and sought judicial protection. The Court, however, disagreed with the arguments presented by FIPI

On 8 June 2018 Moscow Arbitration Court dismissed the claim of theFederal Institute of Pedagogical Measurements (FIPI) on invalidating FAS warning. FIPI insisted that FAS conclusions, formed the basis of the warning, must be rejected.

The antimonopoly authority issued the warning upon signs of unreasonable refusals by FIPI to offer consulting and research-and-methodological services for preparing textbooks for the State Final Examinations of schoolchildren (GSE, USE) to independent publishers, which can discriminate economic entities involved in publishing and sales of textbooks.

Since the Institute refused to execute the warning, FAS opened an antimonopoly case on 11 May 2018 [1].

“FIPI is the only [2] body that possesses the “rights” for developing control-and-measurement materials for the State Final Examinations. Independent publishers of textbooks, designed to train schoolchildren for the exams, approach FIPI for expert evaluation whether the textbooks that they sell meet FIPI requirements for exam questions. Unfortunately, the Institute did not take an advantage of the statutory right to eliminate the signs of violating the antimonopoly law under the frame of the warning; so now, in view of the opened case and the Court ruling, FIPI shall have to explain to the Commission of the antimonopoly body why contracts were concluded with some publishers and with others – not”, pointed out Deputy Head of FAS Department for Control over Social Sphere and Trade, Maxim Degtyarev.

[1] No. 1-10-74/00-18-18

[2] Under the Regulations on Rosobrnadzor [the Federal Education and Science Supervision Agency], approved by No. 594 Decree of the Government of the Russian Federation of 15.07.2013, Rosobrnadzor devises control-and-measurement materials for the state final certification on general educational programmes of the main general and secondary general education. According to FIPI Statutes, approved by No. 1713 Order of Rosobrnadzor of 07.11.2014, FIPI was formed to support Rosobrnadzor exercising its power, including development of control-and-measurement materials.