FAS RUSSIA REMINDS OF THE POSSIBILITY OF PRE-TRIAL APPEAL
The collegial bodies of FAS Russia consider complaints against decisions and orders of FAS’ Regional Offices in cases of violation of antimonopoly legislation.
Interested persons who participated in the case may appeal a decisions and order of a Regional Office within one month from the date of their adoption.1
A violation of the uniformity of application of antimonopoly legislation shall be the subject of such complaints.
It is also possible to complain about the actions and decisions of antimonopoly authorities and their officials in accordance with the provisions of several administrative regulations.2
For example, the possibility of pre-trial appeal is provided for by the administrative regulations of FAS Russia on the execution of the state function of initiating and considering antimonopoly cases (Order of the FAS Russia of 25.05.2012 No. 339) and on conducting inspections of compliance with the requirements of antimonopoly legislation (of 25.05.2012 No. 340).
In addition, FAS Russia considers applications for tariff disputes and disagreements with regional tariff regulators.3
Regulated rganizations may file complaints on established or applied prices and tariffs in the fields of electricity, heat supply, water supply and sanitation, as well as in the field of activities of natural monopolies.
All these complaints may be sent to FAS Russia by post or by e-mail to: delo@fas.gov.ru.
Complaints can also be filed electronically through the unified portal of state and municipal services.4 The subject of an appeal in this case may be:
- decisions on the conduct of control and supervisory measures;
- acts of control and supervisory measures, instructions on the elimination of detected violations;
- actions or inactions of officials of the antimonopoly authority within the framework of control and supervisory measures taken within the powers of state control in the field of advertising (with the exception of complaints about actions to consider cases of violation of advertising legislation), as well as in the field of state-regulated prices and tariffs.
1 The procedure for filing and considering these complaints is stipulated by part 1 of Article 52 and parts 4-16 of Article 23 of the Law on Protection of Competition.
2 Such complaints could be filed by interested persons in the procedures provided for in chapters V of the relevant administrative regulations.
3 The procedure for submitting and considering applications is provided for by the Rules for the Consideration (Settlement) of Disputes and Disagreements Related to the Establishment and (or) Application of Prices (Tariffs), approved by the Decree of the Government of the Russian Federation of 30.04.2018 No. 533, and the Regulations approved by the Order of the FAS Russia of 19.06.2018 No. 827/18
4 Complaints are filed in accordance with Federal Law No. 248-FZ of 31.07.2020 “On State Control (Supervision) and Municipal Control in the Russian Federation”. When a citizen submits a complaint, it must be signed with a simple electronic signature, or with enhanced qualified electronic signature. When an organization submits a complaint, it must be signed with the enhanced qualified electronic signature.