The Resolution of the Government of the Russian Federation of June 30, 2004 «On Adoption of the Regulation on the Federal Antimonopoly Service»

The Government of the Russian Federation decrees:

1. To adopt the enclosed Regulation on the Federal Antimonopoly Service.

2. The Federal Antimonopoly Service before October 1, 2004 has to apply to the Government of the Russian Federation with the proposals on the introducing changes into the legislation of the Russian Federation aimed at excluding excess and duplicate functions within the prescribed scope of activity.

3. To add the paragraph 1 of the Resolution of the Government of the Russian Federation of April 7, 2004 № 189 «Issues of the Federal Antimonopoly Service» (Code of Laws of the Russian Federation, 2004, № 15, page 1482) after the words «within its competence» with the words «normative legal and». 

4. To nullify:

the Resolution of the Government of the Russian Federation of February 10, 1998 № 163 «Issues of the State Antimonopoly Committee of the Russian Federation» (Code of Laws of the Russian Federation, 1998, № 7, page 848);

the Resolution of the Government of the Russian Federation of December 25, 1998 № 1564 «Issues of the Ministry of the Russian Federation for Antimonopoly Policy and Support to Entrepreneurship» (Code of Laws of the Russian Federation, 1999, № 1, page 199);

the Resolution of the Government of the Russian Federation of January 13, 1999 № 52 «On introducing changes and amendments into the Resolution of the Government of the Russian Federation of December 25, 1998 № 1564» (Code of Laws of the Russian Federation, 1999, № 3, page 353);

the Resolution of the Government of the Russian Federation of June 22, 1999 № 670 «On introducing a change into the Resolution of the Government of the Russian Federation of December 25, 1998 № 1564» (Code of Laws of the Russian Federation, 1999, № 27, page 3367);

the Resolution of the Government of the Russian Federation of July 12, 1999 № 793 «On adoption of the Regulation on the Ministry of the Russian Federation for Antimonopoly Policy and Support to Entrepreneurship» (Code of Laws of the Russian Federation, 1999, № 29, page 3756);

the Resolution of the Government of the Russian Federation of February 18, 2000 № 142 «On introducing changes into the Resolution of the Government of the Russian Federation of December 25, 1998 № 1564» (Code of Laws of the Russian Federation, 2000, № 8, page 972);

the Resolution of the Government of the Russian Federation of April 8, 2000 № 307 «On introducing a change into the Regulation on the Ministry of the Russian Federation for Antimonopoly Policy and Support to Entrepreneurship» (Code of Laws of the Russian Federation, 2000, № 16, page 1703);

the Resolution of the Government of the Russian Federation of September 30, 2000 № 741 «On introducing changes into the Resolutions of the Government of the Russian Federation of December 25, 1998 № 1564 and of July 12, 1999 № 793» (Code of Laws of the Russian Federation, 2000, № 41, page 4082);

paragraph 2 of the Resolution of the Government of the Russian Federation of November 6, 2001 № 777 «On introducing changes into some documents of the Government of the Russian Federation in connection with the provision the Federal Energy Commission of the Russian Federation with functions of state regulation and control over activity of the subjects of natural monopolies in the sphere of transportation (Code of Laws of the Russian Federation, 2001, № 46, page 4366);

paragraph 2 of the changes and amendments which are being introduced into the Resolutions of the Government of the Russian Federation of August 13, 1996 № 960 «On adoption of the Regulation on the Federal Energy Commission of the Russian Federation» and of July 12, 1999 № 793 «On adoption of the Regulation on the Ministry of the Russian Federation for Antimonopoly Policy and Support to Entrepreneurship» which have been adopted by the Resolution of the Government of the Russian Federation of April 8, 2002 № 223 (Code of Laws of the Russian Federation, 2002, № 15, page 1437);

the Resolution of the Government of the Russian Federation of July 31, 2003 № 467 «On introducing a change into the Regulation on the Ministry of the Russian Federation for Antimonopoly Policy and Support to Entrepreneurship» (Code of Laws of the Russian Federation, 2003, № 32, page 3228).

Chairman of the Government of the Russian Federation M.Fradkov
Moscow
June 30, 2004
№ 331

Regulation on the Federal Antimonopoly Service
(adopted by the Resolution of the Government of the Russian Federation of June 30, 2004 № 331)

I. General provisions (paragraphs 1 - 4)

II. Powers (paragraphs 5 - 7)

III. Activity arrangements (paragraphs 8 - 13)

I. General provisions

1. The Federal Antimonopoly Service is an authorized federal authority of executive power which implements functions on adoption of normative and legal documents, control and supervision over the observance of legislation in the sphere of competition on commodity markets, protection of competition on financial services' markets, activity of subjects of natural monopolies (in the part of the legal competence of the antimonopoly authority), advertising (in the part of the legal competence of the antimonopoly authority).

2. The activity of the Federal Antimonopoly Service is guided by the Government of the Russian Federation.

3. The Federal Antimonopoly Service in its activity is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulations of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation and this Regulation.

4. The Federal Antimonopoly Service implements its functions directly as well as through its regional offices in collaboration with other federal authorities of executive power, authorities of executive power of the subjects of the Russian Federation, authorities of local administration, public and other organizations.

II. Powers

5. The Federal Antimonopoly Service implements the following powers in prescribed sphere of activity:

5.1. introduces to the Government of the Russian Federation the draft federal laws, normative and legal documents of the President of the Russian Federation and the Government of the Russian Federation and other documents which need the decision of the Government of the Russian Federation within the competence of the Service fixed in paragraph 1 of this Regulation as well as draft annual plan of activity and presumptive indexes of the Service' activity;

5.2. on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, documents of the President of the Russian Federation and the Government of the Russian Federation adopts independently the following normative and legal documents within the fixed scope of activity:

5.2.1. the order of the definition of the dominant position of financial organizations on banking services' markets;

5.2.2. the order of the definition of the dominant position of financial organizations on securities management;

5.2.3. the order of the definition of the dominant position of leasing organizations on leasing services' markets;

5.2.4. the order of the definition of the dominant position of participants of insurance services' markets;

5.2.5. the order of the definition of the dominant position of non-governmental pension funds;

5.2.6. the forms of notifications of agreements and concerted actions of financial organizations;

5.2.7. the order of taking the decision by the antimonopoly authority on holding additional examination of notifications of agreements and concerted actions of financial organizations which restrict competition on financial services market;

5.2.8. the order of giving permissions for making deals connected with acquisition of assets or stocks (shares in chartered capital) of financial organizations as well as rights which allow to define the entrepreneurial activity' conditions or realize functions of executive body of a financial organization; 

5.2.9. the rules of the consideration by the antimonopoly authority of the cases of violation of antimonopoly legislation and other normative documents on protection of competition on financial services' markets;

5.2.10. the order of the provision the antimonopoly authority with applications and notifications according to requirements of Articles 17 and 18 of the Law of the RSFSR «On competition and limitation of monopolistic activity on commodity markets»;

5.2.11. the rules of consideration by the antimonopoly authority of the violations of the antimonopoly legislation;

5.2.12. the statement on the register of economic entities which have the share more than 35% on the market of the specified commodity;

5.2.13. the shapes of the register of economic entities which have the share more than 35% on the market of the specified commodity;

5.2.14. normative and legal documents in the fixed sphere of activity with the exception of issues which in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, documents of the President of the Russian Federation and the Government of the Russian Federation are legally regulated exclusively by federal constitutional laws, federal laws, normative documents of the President of the Russian Federation and the Government of the Russian Federation. 

5.3 on the basis of federal laws, documents of the President of the Russian Federation and the Government of the Russian Federation and in order fixed by them implements the following powers of control and supervision in the fixed sphere of activity:

5.3.1. implements control and supervision:

5.3.1.1. over observance of the antimonopoly legislation, natural monopolies legislation, advertising legislation (in the part of legally stated powers of antimonopoly authority) by commercial and non-commercial organizations, federal authorities of executive power, subjects of the Russian Federation and authorities of local power;

5.3.1.2. over the actions which are being undertaken with the participation or with respect to the subjects of natural monopolies which could result in infringement of consumers of a commodity interests that are subject of the regulation, or containment of economically legitimate transformation of the corresponding commodity market from the natural monopoly condition to the condition of the competitive market;

5.3.1.3. over observance of requirements to provide access to the markets of natural monopolies' services and rendering services by subjects of natural monopolies on non-discrimination basis;

5.3.1.4. over observance of the natural monopolies legislation' requirements of obligatory conclusion of contracts by the subjects of natural monopolies;

5.3.1.5. over observance of the natural monopolies legislation' requirements of obligatory conclusion of contracts by economic entities and financial organizations which hold a dominant position on corresponding markets;

5.3.1.6. over the activity of the subjects of wholesale and retail markets of electric power which keep the exclusive position on indicated markets, redistribution of stocks (shares) in chartered capital of the subjects of wholesale market and their property, total value of fixed generative power of electric power stations that are included into structure of generating companies;

5.3.1.7. over the activity of the administrator of trading system of wholesale market of electric energy as well as over the observance of the standards of opening of the information by the subjects of wholesale and retail markets of electric energy; 

5.3.1.8. over the conformity of agreements that restricts competition and concerted actions of economic entities and financial organizations with the antimonopoly legislation;

5.3.1.9. over the conformity of agreements that restricts competition and concerted actions of federal authorities of executive power, state power authorities of the subjects of the Russian Federation, authorities of local power and other authorities or organizations which are awarded with the functions and rights of indicated power authorities both among themselves and between them and economic entities;

5.3.2. issues:

5.3.2.1. conclusions on consequences of the influence of special protection measures upon competition on internal market of the Russian Federation, anti-dumping measures or compensation measures in cases that are envisaged by the legislation in indicated sphere;

5.3.2.2. conclusions on the presence or absence of restrictions of competition on commodity market when introducing, changing and abolition of customs tariffs as well as when introducing non-tariff measures;

5.3.2.3. prescriptions which are obligatory for fulfillment by commercial and non-commercial organizations (their leaders), federal authorities of executive power, authorities of executive power of the subjects of the Russian Federation, authorities of local power and other authorities or organizations (their officials) which are awarded with the functions and rights of indicated power authorities, natural person including individual entrepreneurs in cases that are envisaged by the antimonopoly legislation and advertising legislation;

5.3.3. approves:

5.3.3.1. establishment, reorganization and liquidation of commercial and non-commercial organizations in cases that are envisaged in the legislation on competition on commodity markets;

5.3.3.2. acquisition of stocks (shares) in chartered capital of commercial organizations, privatization or using of fixed production assets and non-material assets, acquisition of rights which allow to define the conditions of entrepreneurial activity by an economic entity, in cases envisaged by the legislation of the Russian Federation;

5.3.3.3. draft decisions of federal authorities of executive power, authorities of executive power of the subjects of the Russian Federation, authorities of local power and other authorities or organizations which are awarded with the functions and rights of indicated power authorities on the issues of provision of benefits and preferences with respect to separate economic entity or several economic entities.

5.3.4. keeps the register of economic entities which have the share more than 35% on the market of the specified commodity;

5.3.5. defines the dominant position of economic entities on commodity markets and financial organizations on financial markets;

5.3.6. in fixed order examines the observance of the antimonopoly legislation on commodity markets by economic entities, federal authorities of executive power, authorities of executive power of the subjects of the Russian Federation, authorities of local power and other authorities or organizations which are awarded with the functions and rights of indicated power authorities, receives the necessary documents from them, information, explanations in oral and written forms;

5.3.7. in fixed order holds tenders and makes state contracts on distribution of orders for supply of commodities, performing of work and provision of services for Service' needs as well as for making researches for state needs in established sphere of activity;

5.4. summarizes the practice of implementation of the legislation of the Russian Federation in fixed sphere of activity, conducts the analysis of the state of commodity markets;

5.5. performs the duties of the major manager and recipient of the funds from federal budget which are being provided for the Service' expenses and realization of its functions;

5.6. organizes reception of citizens, secures timely and complete examination of oral and written application of citizens, taking decisions and provision of the applicants with the responses in the terms stated by the legislation of the Russian Federation;

5.7. guarantees the protection of state secrets within its competence;

5.8. guarantees the mobilization training of the Service;

5.9. organizes the professional training of Service' employees, their retraining, raising the level of their skills and probation;

5.10. interacts in established order with the authorities of state power of foreign countries and international organizations in the fixed sphere of activity;

5.11. according to the legislation of the Russian Federation carries out the activity on acquisition, keeping, calculation and using of archival documents that have been generated in the process of Service' activity;

5.12. carries out other powers in fixed sphere of activity if such powers are envisaged by federal laws, normative legal documents of the President of the Russian Federation and the Government of the Russian Federation.

6. In order to realize the powers in fixed sphere of activity the Federal Antimonopoly Service has the right:

6.1. to request and receive in established order the information necessary for taking a decision on issues that are in Service' competence;

6.2. to order holding of necessary researches, tests, analysis and assessments as well as scientific researches on the implementation of supervision in the fixed sphere of activity;

6.3. to provide legal and natural persons with the explanation on the questions that are in the Service' competence;

6.4. to implement control over activity of the regional offices of the Service;

6.5. to attract in established order scientific and other organizations, scientists and experts for studying of the problems in the fixed sphere of activity;

6.6. to apply sanctions envisaged by the legislation of the Russian Federation of restrictive, precautionary and preventive character aimed at prevention and (or) suppression of violation of obligatory demands in the fixed sphere of activity by legal persons and citizens as well as measures on elimination of the consequences of indicated violations;

6.7. to establish coordinating, advisory and expert bodies (councils, commissions, groups, collegiums) including inter-departmental, in the fixed sphere of activity;

6.8. to issue individual legal documents on the issues of Service' competence, including orders, decisions, resolutions in cases that are envisaged by the legislation on competition on commodity markets, on prevention of competition on financial services' markets, on natural monopolies and on advertising;

6.9. to institute honorary titles and award citizens for major achievements in the fixed sphere of activity.

7. The Federal Antimonopoly Service doesn't have the right to implement in the fixed sphere of activity functions on the management of state property and rendering paid services with the exception of cases that are being determined by the Documents of the President of the Russian Federation and Resolutions of the Government of the Russian Federation. 

The restrictions that are determined in the first part of this paragraph don't apply to powers of the Head of the Service on management of the property which is in day-to-day disposal, solving of recruiting questions and organization of the activity of the Service. 

On implementation of the legal regulation in the fixed sphere of activity the Service doesn't have the right to establish functions and powers of the federal authorities of executive power, authorities of executive power of the subjects of the Russian Federation, authorities of local power which are not envisaged by the federal constitutional laws, federal laws, Decrees of the President of the Russian Federation and the Government of the Russian Federation as well as it doesn't have the right to establish restrictions on realization of citizen' rights and liberties, rights of non-governmental commercial and non-commercial organization with the exception of cases when the possibility of introduction of these restrictions by the documents of authorized federal authorities of executive power is directly envisaged in the Constitution of the Russian Federation, federal constitutional laws, federal laws and issued on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws Decrees of the President of the Russian Federation and the Government of the Russian Federation. 

III. Activity arrangements

8. The Federal Antimonopoly Service is leaded by the Head who is appointed and released from its position by the Government of the Russian Federation.

The Head of the Federal Antimonopoly Service is personally responsible for implementation of the Service' powers and realization of state policy in the fixed sphere of activity.

The Head of the Service has his Deputies who are appointed and released from their positions by the Government of the Russian Federation.

The number of the Deputies of the Head of the Service is determined by the Government of the Russian Federation.

9. Departments for major directions of activity are the structural units of the central office of the Federal Antimonopoly Service. Divisions are included into Departments.

10. The Head of the Federal Antimonopoly Service:

10.1. distributes the responsibilities among his Deputies;

10.2. provides the Government of the Russian Federation with:

10.2.1. the draft Regulation on the Service;

10.2.2. proposals on the maximum number of personnel and labor remuneration fund of the central office of the Service and the regional offices of the Service.

10.2.3. draft annual plan and forecast indicators of the Service' activity as well as the report on their fulfillment;

10.3. approves the Regulations on the structural units of the central office of the Service and regional offices of the Service;

10.4. appoints and releases from the positions the officials of the central office of the Service, Heads and Deputy Heads of the regional offices of the Service;

10.5. settles the questions connected with the running the federal state service in the Federal Antimonopoly Service in accordance with the legislation of the Russian Federation on state service;

10.6. approves the structure and list of staff members of the central office of the Service within the scope of the number of personnel and labor remuneration fund approved by the Government of the Russian Federation, the estimate of expenses for its maintenance within the limits of the corresponding period federal budget allocations;

10.7. approves the number of personnel and labor remuneration fund of the regional offices of the Service within the limits approved by the Government of the Russian Federation, the estimate of expenses for their maintenance within the limits of the corresponding period federal budget allocations;

10.8. provides the Ministry of Finance of the Russian Federation with the proposals on forming draft federal budget in the part of the financial ensuring of the Service' activity;

10.9. provides the Government of the Russian Federation in established order with the proposals on establishment, reorganization and liquidation of federal state enterprises and organizations which are in the Service' competence;

10.10. endorses in established order the honorary titles and state rewards of the Russian Federation to the employees of the central office of the Service, regional offices of the Service and other persons who act in the corresponding sphere. 

11. The financing of the expenditures for the maintenance of the central office of the Federal Antimonopoly Service and its regional offices is realized by federal budget allocations.

12. The Federal Antimonopoly Service is a legal person, has the seal with the State Emblem of the Russian Federation and its own name, other seals, stamps and blanks of the established form as well as accounts which are opened in accordance with the legislation of the Russian Federation.

13. The place of residence of the Federal Antimonopoly Service is Moscow.