Federal Law № 45-FZ of April 9, 2007 "On Introducing Amedments into thr Code of the Russian Federation on Administrative Violations"

Adopted by the State Duma on March 23, 2007

Approved by the Federation Council on March 30, 2007

Article 1. 

To introduce into the Code of the Russian Federation on Administrative Violations (the Code of Laws of the Russian Federation, 2002, № 1, Art.1; № 30, Art. 3029; № 44, Art. 4295; 2003, № 27, Art. 2700, 2708, 2717; № 46, Art. 4434; № 50, Art. 4847, 4855; 2004, № 31, Art. 3229; № 34, Art. 3529, 3533; № 44 Art. 4266; 2005, № 1, Art. 13, 37, 40, 45; № 13, Art. 1075, 1077; № 19, Art. 1752; № 27, Art. 2719, 2721; № 30, Art. 3104, 3124, 3131; № 50, Art. 5247; № 52, Art. 5574; 2006, № 1, Art. 4, 10; № 2, Art. 172; № 6, Art. 636; № 17, Art. 1776; № 18, Art. 1907; № 19, Art. 2066; № 31, Art. 3433, 3438; № 45, Art. 4641, № 50, Art. 5281; № 52, Art. 5498) the following amendments:

1) into the Article 3.5: 

a) Part 1: add Clause 4 of the following content: 

«4) to the amount of violator' proceeds of the sales of goods (works or services) in the market where the violation occurred for the calendar year, preceding the year when the violation was revealed, or for the part of the calendar year preceding the date of revealing the violation, if a violator did not carry out any activity on the sales of goods (works or services) in the preceding calendar year.»;

b) add Part 4 of the following content:

«4-1. The size of administrative penalties calculated on the basis of the amount of violator' proceeds of the sales of goods (works or services) in the market where the violation occurred cannot exceed one twenty fifth of the size of all the proceeds of the sales of goods (works or services) for the calendar year preceding the year when the violation was revealed or for the part of the calendar year preceding the date of revealing the violation, if a violator did not carry out any activity on the sales of goods (works or services) in the preceding calendar year.»;

2) in the Article 7.12:

а) in the paragraph 1 of the Part 1 the words «and equally other violation of author' and adjacent rights with a view of extraction of the income - « to replace with words «and equally other violation of author' and adjacent rights with a view of extraction of the income, except for the cases stipulated by Part 2 of the Article 14.33 of the present Code, - «;

b) in the paragraph 1 of the Part 2 after words «Illegal use of an invention, useful model or an industrial sample,» to add words «except for the cases stipulated by Part 2 of the Article 14.33 of the present Code,»;

3) in the paragraph 1 of the Article 13.14 the words «by a person who has received access to such information in connection with the execution of service or professional duties, - « to replace with words «a person who has received access to such information in connection with the execution of service or professional duties, except for the cases stipulated by Part 1 of the Article14.33 of the present Code, - «;

4) in the paragraph 1 of the Article 14.7 after words «a deception of consumers» to add with words «, except for the cases stipulated by Part 1 of the Article 14.33 of the present Code,»;

2) Chapter 14: to add Articles 14.31 - 14.33 of the following content:

«Article 14.31. Abuse of dominant position in the market.

If an economic entity, that has dominant position in a goods market, carries out actions recognized as abusing dominant position and unacceptable under the antimonopoly legislation of the Russian Federation and if these actions don't have criminal character - 

results in imposing an administrative penalty upon officials amounted to 150 -200 minimal wages; and upon a legal person amounted to one hundredth to one fifteenth part of the violator' proceeds of the sales of goods (works or services) in the market where the violation occurred, but not more than one fiftieth part of the gross amount of violator' proceeds of the sales of all goods (works or services).

Note: For the purposes of the given Chapter, proceeds of the sales of goods (works or services) are considered to be the proceeds of the sales of goods (works or services) determined according to the Articles 248 and 249 of the Tax Code of the Russian Federation. 

Article 14.32. Entering into agreement restricting competition, or participating in consorted actions that restrict competition 

If an economic entity enters into an agreement that restricts competition and is unacceptable under the antimonopoly legislation of the Russian Federation or participates in consorted actions that restrict competition and are unacceptable under the antimonopoly legislation of the Russian Federation, - 

results in imposing administrative penalty upon officials that amounts to 170- 200 minimal wages or disqualification for a period of up to 3 years; and upon legal persons - amounts to one hundredth - one fifteenth of violator' proceeds of the sales of goods (works or services) in the market where the violation occurred.

Note: A person that has voluntarily reported to the federal antimonopoly authority or its territorial offices about entering into an agreement that restricts competition and is unacceptable under the antimonopoly legislation of the Russian Federation or participating in consorted actions that restrict competition and are unacceptable under the antimonopoly legislation of the Russian Federation, and has rejected participation or further participation in such an agreement or concerted actions and has provided (data) information enabling to establish the fact that such an agreement or concerted actions took place, is relieved from administrative responsibility for administrative violations envisaged by the given Article. 

Article 14.33. Unfair competition

1. Unfair competition, if the actions don't have criminal character, excluding the actions envisaged by Article 14.3 of the given Code and Part 2 of the current Article,- 

results in imposing administrative penalty upon officials amounted to 120-200 minimal wages; and upon legal entities - amounted to 1000- 5000 minimal wages.»;

2. The unfair competition which has expressed in introduction into turnover of a good with illegal use of results of intellectual activity and means of the individualization of the legal entity equal to them, means of the individualization of production, works, services, - 

results in imposing administrative penalty upon officials that amounts to 200 minimal wages or disqualification for a period of up to 3 years; and upon legal persons - amounts to one hundredth - one fifteenth of violator' proceeds of the sales of goods (works or services) in the market where the violation occurred, but not less than 1000 minimal wages.

6) in the Article 19.5:

a) to exclude the words «federal antimonopoly authority, its territorial offices» from paragraph 1 of the Part 2;

b) to add Parts 2(1) - 2(6) of the following content:



«2(1) Failure to carry out by a scheduled day a lawful decision or determination of the antimonopoly authority or its territorial offices to terminate consorted actions that restrict competition and (or) stop participating in a competition restricting agreement, or to commit actions aimed at the development of competition, or issued while realizing control over use of state or municipal aid a lawful decision or determination of the antimonopoly authority or its territorial offices on conduction of actions stipulated by the legislation of the Russian Federation, -
results in imposing administrative penalties upon officials amounted to 180 - 200 minimal wages or disqualification for a period of up to 3 years; and upon legal persons - amounted to 3000 - 5000 minimal wages.

2(2) Failure to carry out by a scheduled day a lawful decision or determination of the antimonopoly authority or its territorial offices to terminate abusing of dominant position in commodity market by an economic entity or to commit actions stipulated by the legislation of the Russian Federation aimed at the development of competition, - results in imposing administrative penalties upon officials amounted to 160 - 200 minimal wages or disqualification for a period of up to 3 years; and upon legal persons - amounted to 3000 - 5000 minimal wages.

2(3) Failure to carry out by a scheduled day a lawful decision or determination of the antimonopoly authority or its territorial offices to terminate violations of the rules of non-discriminatory access to goods (works, services) or issued while realizing state control over economic concentration a lawful decision or determination of the antimonopoly authority or its territorial offices on undertaking of actions stipulated by the legislation of the Russian Federation aimed at the development of competition, - results in imposing administrative penalties upon officials amounted to 120 - 200 minimal wages or disqualification for a period of up to 3 years; and upon legal persons - amounted to 3000 - 5000 minimal wages.

2(4) Failure to carry out by a scheduled day a lawful decision or determination of the antimonopoly authority or its territorial offices to terminate violations legislation of the Russian Federation on advertising or a lawful decision or determination of the antimonopoly authority or its territorial offices on nullifying of changing of an act of a federal authority of executive power, act of an executive authority of a subject of the Russian Federation or an act of an authority of local governance that contradicts the legislation of the Russian Federation on advertising -

results in imposing administrative penalties upon officials amounted to 120 - 200 minimal wages; and upon legal persons - amounted to 3000 - 5000 minimal wages. 

2(5) Failure to carry out by a scheduled day a lawful decision or determination of the antimonopoly authority or its territorial offices to terminate unfair competition, - 

results in imposing administrative penalties upon officials amounted to 100 - 200 minimal wages; and upon legal persons - amounted to 1000 - 3000 minimal wages. 

2(6) Failure to carry out by a scheduled day a lawful decision or determination of the antimonopoly authority or its territorial offices to terminate violation of the antimonopoly legislation of the Russian Federation, legislation of the Russian Federation on natural monopolies, a lawful decision or determination of the antimonopoly authority or its territorial offices to terminate or prevent actions, restricting competition, or a lawful decision or determination of the antimonopoly authority or its territorial offices to carry out actions stipulated by the legislation of the Russian Federation, except the cases envisaged in Clauses 2(1) - 2(5) of the given Part, - 

results in imposing administrative penalties upon officials amounted to 80 - 120 minimal wages or disqualification for a period of up to 3 years; and upon legal persons - amounted to 1000 - 5000 minimal wages.»;

7) in the Article 19.8:

a) in paragraph 1 of the Part 1 the words «the federal antimonopoly body, its territorial offices, or», and «the antimonopoly legislation of the Russian Federation,» must be left out;

b) in paragraph 1 of the Part 2 the words «the federal antimonopoly body, its territorial offices, or», and «the antimonopoly legislation of the Russian Federation,» must be left out;

c) the following Parts 3 - 5 should be added: 

«3. Failure to present to the federal antimonopoly body, or its territorial offices petitions as determined by the antimonopoly legislation of the Russian Federation, or presenting petitions that deliberately contain false information, as well as violating the procedures and terms for submitting petitions that are established by the antimonopoly legislation of the Russian Federation,-

results in imposing administrative penalties upon citizens amounted to 15 - 25 minimal wages; upon officials - 150 - 200 minimal wages; and upon legal persons -3000 - 5000 minimal wages.»

4. Failure to present to the federal antimonopoly body, or its territorial offices notifications, as determined by the antimonopoly legislation of the Russian Federation, or presenting notifications (applications) that deliberately contain false information, as well as violating the procedures and terms for submitting notifications that are established by the antimonopoly legislation of the Russian Federation, - 

results in imposing administrative penalties upon citizens amounted to 8 - 12 minimal wages; upon officials - 50 - 75 minimal wages; and upon legal persons -1500 - 2500 minimal wages.

5. Failure to present to the federal antimonopoly body, or its territorial offices data (information), as determined by the antimonopoly legislation of the Russian Federation, including failure to present data (information) upon a request of the above authorities, excluding cases, stipulated by parts 3 and 4 of the given Article as well as presenting to the federal antimonopoly body, or its territorial offices deliberately false data (information) - results in imposing administrative penalties upon citizens amounted to 15 - 25 minimal wages; upon officials - 100 - 150 minimal wages; and upon legal persons -3000 - 5000 minimal wages.»;

8) in the Article 23.1:

a) in the Part 2 after figures «14.29,» add figures «14.31 - 14.33,», the words «by Parts 2, 3 and 6 of the Article 19.5,» to replace by words «by Parts 2 - 23, 26, 3 and 6 of the Article 19.5,»;

b) in paragraph 3 of the Part 3 after figures «14.27,» to add figures «14.31 - 14.33,»;

9) in Part 1 of the Article 23.48 the words «by Article 14.9, Part 2 of the Article 19,5 (within its competence),» to replace by words «by Article 14.9, Articles 14.31 - 14.33, Parts 21 - 26 of the Article 19.5,».

Article 2. 

The given Federal Law comes into force in thirty days after its official publication. 

The President of the Russian Federation V.V. Putin

Moscow, Kremlin, April 9, 2007 № 45-FZ