Order of the FAS Russia No. 339 оf May 25, 2012

30.06.2021 | 15:05

Type: Regulatory legal acts FAS

Non-official translation

 

 

FEDERAL ANTIMONOPOLY SERVICE

ORDER

No. 339 оf May 25, 2012

Registered by the Ministry of Justice of the Russian Federation on August 7, 2012 No. 25125

 

ON APPROVAL OF THE ADMINISTRATIVE REGULATIONS FOR EXECUTING THE STATE FUNCTION ON INITIATING AND CONSIDERING CASES OF VIOLATION OF THE ANTIMONOPOLY LAW OF THE RUSSIAN FEDERATION

 

According to the Resolution of the Government of the Russian Federation of 16.05.2011 No. 373 "On the development and approval of administrative rules of execution of public functions and administrative regulations for the provision of public services" (Corpus of Legislative Acts of the Russian Federation, 2011, No. 22, Art. 3169; 2011, No. 35, Art. 5092) I hereby order to:

1. Approve the enclosed administrative regulations of Federal Antimonopoly Service (FAS Russia) on approval of the administrative regulations for executing the state function on initiating and considering cases of violation of the antimonopoly law of the Russian Federation.

2. Recognize the order of the FAS Russia No. 447 of 25.12.2007 «On conformation of the Administrative Regulation of the Federal Antimonopoly Service for executing state function on initiating and considering cases of violation of the competition law of the Russian Federation» (registered by the Ministry of Justice of the Russian Federation on 31.01.2008 2019 No. 11067), order of the FAS Russia No. 240 of 01.07.2008 "On Amendments to the Administrative Regulations of the Federal Antimonopoly Service for the Execution of the State Function of Initiating and Considering Cases of Violation of the Antimonopoly Law of the Russian Federation” (registered by the Ministry of Justice of the Russian Federation on 15.07.2008 No. 11975), order of the FAS Russia No. 212 of 26.04.2010 " On Amendments to the Administrative Regulations of the Federal Antimonopoly Service for executing the State Function of Initiating and Considering Cases of Violation of the Antimonopoly Law of the Russian Federation, approved by Order of the Federal Antimonopoly Service No. 447of 25.12.2007” (registered by the Ministry of Justice of the Russian Federation on 06.07.2010 No. 17703) to have lost force.

3. I reserve control of execution of this order.

Head of the FAS Russia

I. Yu. Artemyev

 

 

 


Annex to the Order of the FAS Russia

No. 339 of 25.05.2012

 

THE ADMINISTRATIVE REGULATIONS FOR EXECUTING THE STATE FUNCTION ON INITIATING AND CONSIDERING CASES OF VIOLATION OF THE ANTIMONOPOLY LAW OF THE RUSSIAN FEDERATION

 

I. General Provisions

 

Name of the state function

1.1. The State Function of Initiating and Considering Cases of Violation of the Antimonopoly Law of the Russian Federation (further on referred to as the state function).

The name of the executive body performing the state function

1.2. The state function is executed by Federal Antimonopoly Service (further on referred to as the FAS Russia) and its territorial bodies (further on referred to as the antimonopoly body).

The list of the regulatory legal acts regulating execution of the state function

1.3. The state function is executed by the antimonopoly body in accordance with:

The Federal Law No. 135-FZ of 26.07.2006 "On Protection of Competition" (further on referred to as the Law on Protection of Competition) (Corpus of Legislative Acts of the Russian Federation, 2006, No. 31 (Part I), Article 3434; 2007, No. 49, Article 6079; 2008, No. 18, Article 1941; No. 27, Article 3126; No. 45, Article 5141; 2009, No. 29, Article 3601, Article 3610, Article 3618; No. 52 (Part I), Article 6455; 2010, No. 15, Article 1736; No. 19, Article 2291; No. 49, Article 6409; 2011, No. 10, Article 1281; No. 27, Article 3873, Article 3880; No. 29, Article 4291; No. 30 (Part I), Article 4590; No. 48, Article 6728; No. 50, Article 7343; 2012, No. 31, Article 4334; No. 53 (Part I), Article 7643; 2013, No. 27, Article 3436; No. 27, Article 3477; No. 30 (Part I), Article 4084; No. 44, Article 5633; No. 52 (Part I), Article 6961; No. 52 (Part I), Article 6988; 2014, No. 23, Article 2928; No. 30 (Part I), Article 4266; 2015, No. 27, Article 3947; No. 29 (Part I), Article 4339; No. 29 (Part I), Article 4342; No. 29 (Part I), Article 4350; No. 29 (Part I), Article 4376; No. 41 (Part I), Article 5629);

The Regulation on the Federal Antimonopoly Service, approved by the Resolution of the Government of the Russian Federation No. 331 of 30.06.2004 (Corpus of Legislative Acts of the Russian Federation 2004, No. 31, Article 3259; 2006, No. 45, Article 4706; N 49 (Part II), Article 5223; 2007, No. 7, Article 903; 2008, No. 13, Article 1316; No. 44, Article 5089; No. 46, Article 5337; 2009, No. 3, Article 378; No. 2, Article 248; No. 39, Article 4613; 2010, No. 9, Article 960; No. 25, Article 3181; No. 26, Article 3350; 2011, No. 14, Article 1935; No. 18, Article 2645; No. 44, Article 6269; 2012, No. 27, Article 3741; No. 39, Article 5283; No. 52, Article 7518; 2013, No. 35, Article 4514; No. 36, Article 4578; No. 45, Article 5822; 2014, No. 35, Article 4774; 2015, No. 1 (Part II), Article 279; N 10, Article 1543; No. 37, Article 5153; No. 44, Article 6133; No. 49, Article 6994; 2016, No. 1 (Part II), Article 239);

The Resolution of the Government of the Russian Federation No. 373 of 16.05.2011 "On the development and approval of administrative rules of execution of public functions and administrative regulations for the provision of public services" (Corpus of Legislative Acts of the Russian Federation, 2011, No. 22, Art. 3169; 2011, No. 35, Art. 5092 No. 28, art. 3908; No. 36, art. 4903; No. 50 (part VI), art. 7070; No. 52, art. 7507; 2014, No. 5, art. 506)

The order of the FAS Russia No. 649/15 of 23.07.2015 (registered by the Ministry of Justice of Russia on 24.08.2015 "On Approval of the Regulations on regional body of Federal Antimonopoly Service" (registered by the Ministry of Justice of Russia on 24.08.2015, registration No. 38653), as amended by Order of the FAS Russia No. 22/16 of 12.01.2016 (registered by the Ministry of Justice of Russia on 12.02.2016, registration No. 41075);

The order of the FAS Russia No. 337 of 22.12.2006 "On Approval of the forms of acts adopted by the Commission on consideration of cases of violation of Antimonopoly Law" (registered by the Ministry of Justice of Russia on 19.01.2007, registration No. 8790), as amended by Orders of the FAS Russia No. 123 of 15.03.2010 (registered by the Ministry of Justice of Russia on 06.05.2010, registration No. 17133), No. 153 of 16.03.2012 (registered by the Ministry of Justice of Russia on 26.04.2012, registration No. 23946), No. 1220/15 of 10.12.2015 (registered by the Ministry of Justice of the Russian Federation on 28.01.2016, registration No. 40888);

The order of the FAS Russia No. 345 of May 25, 2012 "On approval of Administrative regulations of Federal Antimonopoly Service for executing the state function on establishment of dominant position of business entity in case of consideration of petitions, materials, cases on antimonopoly violation and when carrying out the state control of economic concentration"(registered by the Ministry of Justice of the Russian Federation on 09.08.2012, registration No. 25157), as amended by Order of the FAS Russia No. 1313/15 of 24.12.2015 (registered by the Ministry of Justice of the Russian Federation on 15.02.2016, registration No. 41099);

The order of the FAS Russia No. 244 of 01.08.2007 “On approval rules of the referral of petitions, materials, cases of violation of antimonopoly law to other Antimonopoly body” (registered by Ministry of Justice on 08.11.2007 registration No 10411), as amended by Orders of the FAS Russia No. 446 of 25.12.2007 (registered by the Ministry of Justice of Russia on 23.01.2008, registration No. 10992), No. 115 of 09.03.2010 (registered by the Ministry of Justice of Russia on 08.04.2010, registration 16847);

The order of the FAS Russia No. 220 of 28.04.2010 “On approval of the procedure for the analysis of competitive environment in the goods market” (registered by Ministry of Justice on 02.08.2010 No. 18026), as amended by Order of the FAS Russia No. 65 of 03.02.2012 (registered by the Ministry of Justice of Russia on 21.03.2012, registration No. 23545), No. 143/13 of 12.03.2013 (registered by the Ministry of Justice of Russia on 29.05.2013, registration No. 28571), No. 33/15 of 30.01.2015 (registered by the Ministry of Justice of the Russian Federation on 27.02.2015, registration No. 36267), No. 1132/15 of 23.11.2015 (registered by the Ministry of Justice of the Russian Federation on 07.12.2015, registration No. 39985);

The order of the FAS Russia No. 340 of 25.05.2012 “On approval of administrative regulations of the FAS Russia for executing the state function on inspection of compliance with the antimonopoly law of the Russian Federation” (Registered by the Ministry of Justice on 18.06.2012 No. 24593) as amended by Order of the FAS Russia No. 175/13 of 21.03.2013 (registered by the Ministry of Justice of the Russian Federation on 25.04.2013, registration N 28279), No. 1104/15 of 17.11.2015 (registered by the Ministry of Justice of the Russian Federation on 16.12.2015, registration No. 40134);

The order of the FAS Russia No. 874 of 14.12.2011 "On Approval of the Procedure for issuing warnings on termination of actions (omissions), which contain signs of violation of Antimonopoly law” (registered by the Ministry of Justice of the Russian Federation on 30.12.2011, registration No. 22816).

Subject of the state control

1.4. The subject of the state control is an observance of requirements of the antimonopoly law of the Russian Federation (further - the antimonopoly law) by federal executive authorities, state authorities of the subjects of the Russian Federation, local government authorities, other authorities or organizations executing the functions of these authorities, as well as public non-budgetary funds, economic entities, and physical persons.

The rights and obligations of officials when carrying out the state control

1.5. The rights of officials carrying out the state control:

- request commercial organizations and non-commercial organizations, their executives, federal executive bodies, their officers, the authorities of the constituent territories of the Russian Federation, their officers, local self-government bodies, their officers, other bodies and organizations exercising the functions of the above bodies, their officers, as well as state non-budgetary funds, their officers, physical persons, in particular, individual entrepreneurs, in compliance with the law of the Russian Federation on state secrets, bank secrets, commercial secrets or other legally protected secrets, to submit documents, information, explanations in written or oral forms, related to the circumstances described in the petition or materials

- conduct an analysis and evaluation of the state of the competitive environment in the relevant goods markets when necessary and in the manner prescribed by the procedure approved by Order of the FAS Russia No. 220 of April 28, 2010 (registered by the Ministry of Justice of the Russian Federation on 02.08.2010 No. 18026);

- conduct inspections, including in proceedings in case of violation of the antimonopoly law to obtain the evidence leading to the findings on the existence or absence of the signs of violation of the antimonopoly law, under the administrative regulations of the Federal Antimonopoly Service for executing the state function on inspection of compliance with the antimonopoly law of the Russian Federation, approved by the Order of the FAS Russia No. 340 of 25.05.2012 (registered by the Ministry of Justice of the Russian Federation on 18.06.2012 No. 24593);

- issue warnings on termination of actions (omissions), which contain signs of violation of Antimonopoly law in the manner prescribed by the Order of the FAS Russia No. 874 of 14.12.2011 registered by the Ministry of Justice of the Russian Federation on 30.12.2011, registration No. 22816).

1.6. The commission on consideration of the case of violation of the antimonopoly law has the right:

- involve experts, translators, and also persons having data on the circumstances under consideration by Commission;

- if the persons participating in the case were duly informed about the time and place of the proceedings in case but failed to attend the session, the Commission has the right to consider the case in their absence;

- upon the request of the persons participating in the case, take a decision on the consideration of the case by using video conferencing systems, if there is a technical possibility of video conferencing;

- conduct shorthand or audio recording of a session;

- request from persons participating in case, documents, data and explanations in written or oral form on the issues arising during the proceedings;

- involve third persons to participate in the case;

- take a decision to prohibit persons participating in the case to make an audio-record of proceedings, if the information that constitutes a legally protected secret is announced;

- give explanations on the decision and (or) remedies without changing their content;

- issue warnings on termination of actions (omissions), which contain signs of violation of Antimonopoly law, if signs of violating paragraphs 3, 5, 6 and 8 of part 1 of article 10, articles 14.1, 14.2, 14.3, 14.7, 14.8 and 15 of the Federal Law “On Protection of Competition” are revealed.

- correct slips of the pen, misprints and arithmetic errors in the decision or remedies.

1.7. The obligations of officials when carrying out the state control:

- not disclose information, comprising state, commercial, office or other protected by the law secret received by antimonopoly body, except as specified, prescribed by the legislation of the Russian Federation;

- execute the state function according to these Regulations.

1.8. The commission on consideration of the case of violation of the antimonopoly law shall:

- during proceedings, keep a record, which must be signed by the chairman of the commission;

- during shorthand or audio recording of a session, make an entry on the use of technical means of recording the session of the commission;

- postpone the consideration of case of violation of the antimonopoly law, if in the course of proceedings it is found that actions (omissions) by the defendant have signs of a different violation of the antimonopoly law than the violation upon signs of which the case was initiated, if a defendant in the case is a person that had earlier been a party to the case in a different capacity (a person that holds information about the circumstances of the case, petitioner), as well as when issuing findings on the circumstances of the case;

- before finalizing an antimonopoly case when it is established that actions (omissions) by the defendant constitute a violation of the antimonopoly law issues findings on the circumstances of a case;

- terminate the proceedings in the case of violation of the antimonopoly law in the absence of violation of the antimonopoly law in the actions (omissions) considered by the commission; liquidation of the legal person – the sole defendant in the case; death of a physical person – the sole one defendant in the case; a decision of the antimonopoly body on establishing the fact of violation of the antimonopoly law came into force with regard to actions (omissions) considered by the commission; expiry of the period of limitation provided for by Article 41.1 of the Law on protection of competition;

- take a decision in full within ten working days from the day of declaring the resolutive part of a decision.

The rights and obligations of persons subject to state control

1.9. The persons subject to state control have the right to:

- obtain complete, up-to-date and reliable information about procedure for execution of the state function;

- submit evidence that the actions carried out by these persons do not contain a violation of the antimonopoly law;

- perform the rights and obligations independently or through the representative;

- file a complaint with the antimonopoly body on violation of the provisions of these Regulations by officials of the antimonopoly body;

- appeal the decision and (or) the remedies taken by the regional body of the FAS Russia to the collegial body of the FAS Russia;

- file lawsuits under the established procedures, particularly, lawsuits to restore the violated rights, including lost profit, compensation of harm caused to property;

1.10. From the date of initiating the violation of the antimonopoly law case persons participating in the case have the right to:

- familiarize themselves with the materials of the case;

- make abstracts from the materials of the case;

- give evidence;

- familiarize themselves with the evidence;

- put questions to the other participants;

- file petitions;

- give explanations in written or oral form to the Commission;

- present their arguments on all questions arising in the course of proceedings;

- familiarize themselves with the petitions filed by the other persons;

- object to the other Participants’ petitions, arguments;

- record the case examination in writing as well as using the means of audio-recording;

- upon permission by the chairman of the commission, take photographs or video film, broadcast on the radio or TV, except for proceedings in closed sessions on the grounds stipulated in these Regulations.

If the case materials contain documents, information, explanations in writing constituting a state secret, bank secret, commercial secret or other secret protected by law, the persons participating in the case to exercise their rights in compliance with the requirements of the legislation on state secrets, bank secrets, commercial secrets or other secrets protected by law.

1.11. The obligations of persons concerning which actions for control are performed:

- represent to antimonopoly body (his officials) according to its motivated requirement at the scheduled time necessary for antimonopoly body according to the powers assigned to it documents, explanations, information respectively in written and oral form (including information, containing the commercial, office or other protected by the law secret), including acts, agreements, references, business correspondence, other documents and materials in the form of digital record or in the form of record on electronic media;

- notify the antimonopoly body of the fulfillment of the warning within three days from the date of expiring the period for its fulfillment.

1.12. Persons participating in the case must bona fide use their rights in course of the case consideration.

Result of execution of the state function

1.13. Decisions, remedies, and warnings taken and issued by the antimonopoly body are the result of the execution of the state function.

II. Requirements to the procedure for execution of the state function

Address and working hours of the antimonopoly body

2.1. Information about the FAS Russia:

Address – Sadovaya-Kudrinskaya, 11, Moscow, 123995, D-242, GSP-5

2.2. Working hours of the FAS Russia:

Monday to Thursday: 09.00 - 18.00

Friday: 09.00 - 16.45

Saturday, Sunday: day off

 

Contact numbers of the FAS Russia

 

2.3. Counseling office - (499) 755-23-23 (088-2).

2.4. Office of incoming correspondence - (499) 755-23-23 (088-878).

2.5. Office of outgoing correspondence - (499) 755-23-23 (088-463).

2.6. Fax - (499) 755-23-23 (088-3).

 

Official website and email of the FAS Russia

2.7. Official website of the FAS Russia in the information and telecommunications network "Internet" - www.fas.gov.ru (further on referred to as Official website of the FAS Russia).

2.8. Email of the FAS Russia in the information and telecommunications network "Internet" - delo@fas.gov.ru (further on referred to as e-mail address of the FAS Russia).

2.9. Information about the address, working hours, contact numbers, official website and e-mail of the territorial bodies of the FAS Russia are given in Annex 1 to these Regulations, as well as on the official website of the FAS Russia.

 

The procedure for obtaining information by the interested person on the issues of execution of the state function or its results

2.10. Information on the execution of the state function or its results is provided by officers of the antimonopoly body by phone, in person and also published on the official website of the antimonopoly body in the information and telecommunications network "Internet"(further on referred to as the official website of the antimonopoly body), in the Federal State Information System "Unified Portal of State and Municipal services (functions)" www.gosuslugi.ru and (or) "Regional Portal of State and Municipal services (functions)" (further on referred to as the Portal of State and Municipal services (functions)).

2.11. The officers of the antimonopoly body provide information by phone or in person on the following issues:

- the reference number under which the petition, complaint, materials are registered in the case management system;

- the regulatory legal acts on the basis of which the antimonopoly body executes the state function;

- the requirements for the certification of documents and information;

- the location of reference materials on the execution of the state function on the official website of the antimonopoly body, the portal of state and municipal services (functions);

2.12. From the date of submission of the petition or materials, the petitioner has the right to receive information about the execution of the state function by phone or in person, as well as using the information technology and communication infrastructure, including the portal of state and municipal services (functions).

The procedure, form and location of information on the execution of the state function

2.13. Information on the execution of the state function by the antimonopoly body is published on:

- the official website of the antimonopoly body;

- the portal of state and municipal services (functions);

- multifunctional centers for state and municipal services, with which the antimonopoly body has concluded a cooperation agreement (further on referred to as the multifunctional center);

- information stands of the antimonopoly body and (or) in handouts (brochures, booklets).

2.14. The official website of the antimonopoly body contains the following information:

-name and postal address of the antimonopoly body;

- contact phone numbers;

- working hours of the antimonopoly body;

- list of documents required for the execution of the state function;

- text of these Regulations with annexes.

2.15. The information stand placed in the Counseling office of the FAS Russia must contain the following information:

- postal address of the FAS Russia, working hours, contact phone numbers, the official website and e-mail of the FAS Russia, the address of the portal of state and municipal services (functions), information on multifunctional centers;

- procedure for obtaining information on the execution of a state function;

- obligations of officers of the antimonopoly body when answering phone calls, oral and written appeals.

 

The period of execution of the state function

2.16. The antimonopoly body shall consider the petition and materials within one month from the date of their submission.

2.17. The date of submission of the petition and materials is the date of their registration with the antimonopoly body.

2.18. In the event of failure or absence of evidence to the antimonopoly body to conclude the presence or absence of violation of the antimonopoly law, the antimonopoly body to collect and analyze additional evidence may extend the consideration of the petition or materials for a period not more than two months.

2.19. On the extension of the petition and materials the antimonopoly body shall notify the petitioner in writing.

2.20. The general period of consideration of the petition and materials is three months and is calculated from the date of their submission to the antimonopoly body.

2.21. A case of violation of the antimonopoly law is considered by the Commission within three months period from the date of issue of the ruling to initiate proceedings.

2.22. In case the antimonopoly body requires obtaining additional information, as well as in cases established by Chapter 9 of the Law on Protection of Competition, the period of case consideration may be extended by the commission on consideration of the case of violation of the antimonopoly law, but not for more than six months.

2.23. The Commission issues a ruling on prolongation of the period of the case examination and sends copies of the ruling to the persons participating in the case.

2.24. The general period of case consideration on violation of the antimonopoly law is nine months and is calculated from the date of the antimonopoly body's ruling on the appointment of the case for consideration.

III. Composition, sequence and term of execution of administrative procedures, requirements to the order of their performance, including features of administrative procedures in electronic form

3.1. In case of executing of public services by the antimonopoly body, the following administrative procedures are carried out:

- acceptance and registration of petition and materials;

- consideration of petitions, materials and mass media reports, indicating the signs of violation of the antimonopoly law;

- issuance of warnings on termination of actions (omissions), which contain signs of violation of Antimonopoly law;

- initiation of a case of violation of antimonopoly law;

- consideration of the case of violation of the antimonopoly law;

- findings on the circumstances of a case of violation of the antimonopoly law;

- reconsideration of a decision and (or) remedies in the case of violation of the antimonopoly law upon new and (or) newly discovered circumstances;

- receipt by the interested person of the result of the execution of the state function.

3.2. The block diagram of the execution of the state function is given in Annex No. 2 to these Regulations.

Acceptance and registration of petitions and materials

3.3. Petitioner is a legal entity and (or) physical person who have filed a petition with the antimonopoly body, a state authority, a local government authority, and sent materials to the antimonopoly body.

3.4. The petitioner has the right to submit a petition or materials in written or in the form of an electronic document.

The procedure for sending a petition and materials using the information technology and communication infrastructure, including the portal of state and municipal services (functions) is automatic by filling out an electronic form.

3.5. The petition and materials, as well as the documents attached to it are sent to the antimonopoly body in the following ways:

- by the petitioner in person;

- by courier on receipt;

- by registered mail with a notification of delivery;

- using the information technology and communication infrastructure, including the portal of state and municipal services (functions);

- through multifunctional centers.

3.6. The petition must contain the following information:

- information about the petitioner, including:

for a physical person - last name, first name, patronymic (if available), address of residence;

for a legal entity - the name of the legal entity, the address of the location;

- information on the person against whom the petition was filed;

- description of the violation of antimonopoly law with reference to regulatory legal acts;

- cause of action the petitioner assets for;

- list of attached documents.

3.7. If the petitioner is a physical person, the petition is signed by the petitioner (authorized person).

If the petitioner is a federal authority, public authorities of the subjects of the Russian Federation, local government authorities, legal entity, the petition and materials are submitted using the petition forms of such authorities, signed by the petitioner (authorized person) and sealed with the seal of the petitioner (authorized person).

3.8. If it is impossible to submit the documents, the petitioner should specify the reason for the failure to submit the documents as well as indicate a person or a body from whom the documents can be obtained.

3.9. The documents and information, specified in the petition or materials, must be reliable. The attached documents must be submitted in originals or copies of originals, certified by the signature of the head (authorized person) and the seal of the legal entity (authorized person) or the signature of a physical person (authorized person).

3.10. The commercial secret, official secret or other legally protected secret contained in the documents cannot serve as a ground for refusal to submit them to the antimonopoly body. At the same time, the petitioner must specify an exhaustive list of documents and information constituting a commercial secret (except for documents and information that cannot be a commercial secret in accordance with the legislation of the Russian Federation), official or other secret protected by law.

3.11. The petition and materials, as well as the documents attached are submitted in Russian. If the original documents are written in a foreign language, they should be submitted with a certified translation into Russian with an apostille affixed by the competent authority of the state in which this document was complied, except in cases when an apostille is not required in accordance with an international treaty of the Russian Federation.

3.12. The petition and materials, indicating out the signs of violation of the antimonopoly law, are submitted:

- to the relevant regional body where the violation took place or at the location (residence) of the person in against whom the petition, the materials are submitted;

- to the FAS Russia regardless of where the violation took place or the location (residence) of the person against whom the petition, the materials are submitted.

3.13. The petition and materials, indicating that the violation of the antimonopoly law took place in the territory of two or more subjects of the Russian Federation, are sent by the relevant territorial bodies to the FAS Russia to address the issue of consideration of this petition and materials by so notifying the petitioner.

The FAS Russia may request from the regional body any petition or materials for its consideration where necessary.

3.14. The FAS Russia within seven working days from the date of receipt by the FAS Russia of these petitions, materials and cases shall decide the issue of acceptance or referral of the petition and materials by the FAS Russia to the relevant regional body with the notification within two working days of the regional body, which has sent the petition and materials to the FAS Russia.

3.15. The petitions and materials, indicating signs of violation of the antimonopoly law by the territorial bodies of federal executive authorities, state authorities of subjects of the Russian Federation, local authorities, other authorities or organizations performing the functions of these authorities, are submitted:

- to the relevant regional body of the FAS Russia where the violation took place or at the location of the authority against which the petition and materials are submitted;

- to the FAS Russia regardless of where the violation took place or the location of the authority against which the petition and materials are submitted.

3.16. The petitions or materials, indicating signs of violation of the antimonopoly law by the federal executive authorities, other authorities or organizations performing the functions of these authorities, public non-budgetary funds, Central Bank of the Russian Federation, are submitted to the FAS Russia.

3.17. The antimonopoly body may refer the petition and materials for consideration to the relevant antimonopoly body in accordance with paragraphs 3.12 - 3.15 of these Regulations, by so notifying the petitioner within ten working days from the date of receipt of the petition, materials or from the date of establishment of the specified circumstances.

3.18. The petition and materials are sent to the relevant antimonopoly body with the attachment of all available documents indicating signs of violation of the antimonopoly law, both submitted with the petition or materials, and collected by the antimonopoly body in the process of considering the petition or materials.

3.19. If the antimonopoly body refers a petition or materials for consideration to other antimonopoly body in accordance with paragraphs 3.12 - 3.15 of these Regulations, the antimonopoly body that has accepted this petition or materials for consideration shall check the petition and materials for establishing the presence (absence) of signs of violation of the antimonopoly law.

3.20. The period of consideration of such a petition or materials begins from the date of their registration with the antimonopoly body, which has accepted them for its consideration.

3.21. Petitions or materials are registered by the antimonopoly body within three days from the date of their receipt.

3.22. A stamp should be placed in the lower right corner of the front side of the first sheet of the petition and materials subject to registration, indicating the name of the antimonopoly body, the incoming number, the date of registration and the number of sheets.

3.23. If the petition and materials are submitted by the petitioner (authorized person) in person or by courier, the officer of the antimonopoly body performing the registration of the petition and materials makes an entry of their receipt on the second copy of the petition or materials.

The entry on the petitioner's copy must contain the date of registration of the petition or the materials, the registration number and the signature of the officer of the antimonopoly body performing the registration.

3.24. In case of submission of a petition or materials through a multifunctional center, the antimonopoly body performs the registration of the petition and materials within the terms specified in the agreement on cooperation with the relevant multifunctional center.

3.25. The registered petition or materials, as well as the annexed documentation are sent to the structural subdivision of the antimonopoly body responsible for the consideration of the petition and materials (further on referred to as the responsible subdivision).

Consideration of petitions, materials and mass media reports indicating the signs of violation of antimonopoly law

3.26. The head (deputy head) of the responsible subdivision within one working day appoints the responsible executive officer in accordance with the duties (further on referred to as the executive officer).

3.27. The executive officer accepts the petition and materials for consideration and within no more than five working days from the date of registration of the petition and materials with the antimonopoly body:

- determines whether the consideration of the petition and materials falls within the competence of the antimonopoly body;

- verifies the availability of the information and documents specified in paragraph 3.6 of these Regulations;

- determines the availability of documents allowing to establish signs of violation of the antimonopoly law and the norms to be applied.

3.28. In cases where the consideration of the petition and materials is not within the competence of the antimonopoly body, if they contain information and documents by which the signs of violation of the law of the Russian Federation are indicated, the petition and materials, as well as the annexed documentation are sent to law enforcement and other bodies, and the petitioner is notified in writing.

3.29. If the consideration of the petition and materials is within the competence of the antimonopoly body, if they contain information and documents by which the signs of violation of the law of the Russian Federation are indicated, copies of the petition, materials and annexed documentation are sent to law enforcement and other bodies.

3.30. If the petition, materials do not contain the information and documents specified in paragraph 3.6 of these Regulations, the antimonopoly body shall leave the petition, materials undecided, and notify the petitioner in writing or electronically within ten working days from the date of their receipt.

3.31. If the reasons, for which the consideration of the petition and materials was not possible, were subsequently eliminated, the petitioner has the right to reappeal the petition and materials, as well as annexed documentation to the antimonopoly body.

3.32. If the petition or materials stated that it is impossible to submit documents indicating the signs of violation of the antimonopoly law, and the person or body from which the documents can be obtained is specified, the executive officer within three working days since establishing this fact prepares a draft request to the relevant person or body.

3.33. The term for submission of the information is determined by the antimonopoly body based on the content of the requested information and the availability of an objective possibility of executing the request within the prescribed time limits.

3.34. In case of non-submission or late submission of data (information) to the antimonopoly body specified in the antimonopoly law of the Russian Federation, including non-submission of data (information) at the request of the antimonopoly body, as well as submission to the antimonopoly body of knowingly false data (information), the antimonopoly body shall initiate an administrative offense case in accordance with the procedure established by the legislation of the Russian Federation on administrative offenses.

3.35. When considering a petition and materials indicating the signs of violation of article 10 of the Law on Protection of Competition, the antimonopoly body establishes the dominant position of the economic entity in respect of which these petitions and materials are filed, except for the cases when the antimonopoly body take a decision to refuse to initiate proceedings in case of violation of the antimonopoly law for the reasons specified in paragraph 3.42 of these Regulations.

The procedure for establishing a dominant position is specified in the Administrative regulations of the Federal Antimonopoly Service for executing the state function on establishment of dominant position of business entity in case of consideration of petitions, materials, cases on antimonopoly violation and when carrying out the state control of economic concentration, approved by the Order of the FAS Russia No. 345 of 25.05.2012 (registered by the Ministry of Justice of the Russian Federation on 09.08.2012 No. 25157).

3.36. In order to establish the dominant position of an economic entity and identify other cases of preventing, restricting or eliminating competition, the antimonopoly body, during the consideration of the petition, analyzes the state of the competitive environment in the relevant goods markets in accordance with the procedure established by the Order of the FAS Russia No. 220 of 28.04.2010 (registered by the Ministry of Justice of the Russian Federation on 02.08.2010 No. 18026), as appropriate.

3.37. When registering the signs of violation of the antimonopoly law in the actions of the Federal body of executive power of the securities market or the Central Bank of the Russian Federation, the FAS Russia sends to them proposals on bringing in correspondence with the antimonopoly law of acts adopted by them and (or) to stop such actions;

3.38. The petitioner, when submitting the petition and materials or during the period of their consideration, in addition to the submitted documents and information has the right to submit to the antimonopoly body any information that, in the petitioner's opinion, is important for a decision to initiate proceedings in case of violation of the antimonopoly law.

3.39. During consideration of the petition and materials, the antimonopoly body has the right to request the documents, information, explanations in written or oral form related to the circumstances set out in the petition or materials from the commercial and non-profit organizations and their officials, federal executive authorities and their officials, state authorities of the subjects of the Russian Federation and their officials, local government authorities and their officials, other authorities or organizations performing the functions of these authorities and their officials, as well as public non-budgetary funds and their officials, physical persons, including individual entrepreneurs, in compliance with the requirements of the legislation on state secrets, bank secrets, commercial secrets or other secrets protected by law.

3.40. In order to prevent actions (omissions) that lead or may lead to the prevention, restriction, elimination of competition and (or) infringement of the interests of other persons (economic entities) in the business area or infringement of the interests of an indefinite scope of consumers, the antimonopoly body issues to the economic entity, federal authority, state authority of the subject of the Russian Federation, local government authority, other authority or organization performing the functions of these bodies, public non-budgetary fund participating in the provision of state or municipal services a written warning to stop such actions (omissions), cancel or amend its acts containing signs of violation of the antimonopoly law, or eliminate the causes and conditions that contributed to the occurrence of such a violation, and take the measures to eliminate the consequences of such a violation (further on referred to as a warning).

3.41. A warning is issued to the persons specified in paragraph 3.40 of these Regulations when registering the signs of violation of paragraphs 3, 5, 6 and 8 of part 1 of article 10, articles 14.1, 14.2, 14.3, 14.7, 14.8 and 15 of the Law on Protection of Competition.

3.42. Following the results of consideration of the petition and materials, the antimonopoly body takes one of the following decisions:

- to initiate proceedings in case of violation of the antimonopoly law;

- to refuse to initiate proceedings in case of violation of the antimonopoly law;

3.43. The antimonopoly body takes a decision to refuse to initiate proceedings in the following cases:

- the issues specified in the petition and materials do not fall within the competence of the antimonopoly body;

- there are no signs of violation of the antimonopoly law;

- proceedings in case of the fact, which was the basis for filling the petition and materials, were initiated earlier;

- on the fact, which was the basis for filling the petition and materials, there is a decision of the antimonopoly body that has entered into force, except for the cases where there is a decision of the antimonopoly body to refuse to initiate proceedings in case of violation of the antimonopoly law due to the absence of signs of violation of the antimonopoly law or a decision to dismiss the case due to the absence of violation of the antimonopoly law in the actions (omissions) considered by the commission and if the petitioner provides evidence of violation of the antimonopoly law, unknown to the antimonopoly body at the time of such a decision;

- on the fact, which was the basis for filling the petition and materials, the statute of limitations provided by article 41.1 of the Law on Protection of Competition (the expiration of three years from the date of the violation of the antimonopoly law, and after three years from the date of the end of the violation or its establishment in case of a continuing violation of the antimonopoly law) has expired;

- the absence of violation of the antimonopoly law in the actions of the person against whom the petition and materials were filed, is established by a court or arbitration tribunal decision entered into legal force;

- signs of violation of antimonopoly law were eliminated as a result of the fulfillment of the warning issued in accordance with the procedure established by the Order the FAS Russia No. 874 of 14.12.2011 "On Approval of the Procedure for issuing warnings on termination of actions (omissions), which contain signs of violation of Antimonopoly law” (registered by the Ministry of Justice of the Russian Federation on 30.12.2011, registration No. 22816).

3.44. The decision to refuse to initiate the proceedings in case of violation of the antimonopoly law shall be sent by the antimonopoly body to the petitioner within the time period established by paragraphs 2.16, 2.20 of these Regulations, indicating the reasons for this decision.

3.45. If the antimonopoly body, court, arbitration tribunal or law enforcement agencies are considering the another case, the findings of which will be relevant to the results of the consideration of the petition and materials, the decision on the results of the consideration of the petition and materials may be postponed until the adoption and entry into force of the relevant decision in this case, which the antimonopoly body notifies the petitioner in writing.

3.46. The decision to initiate proceedings in case of violation of the antimonopoly law (further on referred to as the proceedings) is taken if there are signs of violation of the antimonopoly law, as well as in the case of the actions and measures, serving as the basis for issuing a warning by the antimonopoly authority, have not been stopped and taken within the established period.

3.47. The decision of the antimonopoly body to initiate proceedings in case of violation of paragraphs 3, 5, 6 and 8 of part 1 of article 10, articles 14.1, 14.2, 14.3, 14.7, 14.8 and 15 of the Law on Protection of Competition without issuing a warning and before its end of execution is not allowed.

3.48. The proceedings cannot be initiated after three years from the date of the violation of the antimonopoly law, and after three years from the date of the end of the violation or its establishment in case of a continuing violation of the antimonopoly law.

Initiation of proceedings in case of violation of the antimonopoly law

3.49. The basis for initiating and considering proceedings in case of violation of the antimonopoly law is:

- receipt from state authorities and local government authorities of materials indicating the presence of signs of violation of the antimonopoly law;

- a petition of a legal entity or physical person indicating signs of violation of the antimonopoly law;

- detection by the antimonopoly body of signs of violation of the antimonopoly law;

- a mass media report indicating the signs of violation of antimonopoly law;

- the actions and measures, serving as the basis for issuing a warning by the antimonopoly authority, have not been stopped and taken within the established period;

- the result of the inspection, which revealed signs of violation of the antimonopoly law by commercial organizations, non-profit organizations, federal executive authorities, state authorities of the subjects of the Russian Federation, local government authorities, other authorities or organizations performing the functions of these authorities, and public non-budgetary funds.

3.50. In case of establishing signs of violation of the antimonopoly law, the department of the FAS Russia or its regional structural subdivision considering the petition and materials indicating signs of violation of the antimonopoly law (further on referred to as the responsible subdivision) prepares a report, which, together with the petition, materials and (or) other documents pointing out the facts indicating the signs of violation of the antimonopoly law (further on referred to as the report), is sent for in-house legal expertise.

3.51. The in-house legal expertise is carried out by the:

1) FAS Russia:

- By the legal department (except for monitoring compliance with the antimonopoly law in state defense orders);

- By the Juridical department in state defense orders when monitoring compliance with the antimonopoly law in state defense orders;

2) by the regional body of the FAS Russia – division (divisions) responsible for conducting in-house legal expertise, determined by the head of the relevant regional body of the FAS Russia.

3.52. In the FAS Russia, before the responsible subdivision sends a report to the Juridical Department on the detection of signs of violation of articles 11 and 16 of the Law on Protection of Competition, a copy of such a report is referred to the Anti-Cartel Department.

During the monitoring compliance with the antimonopoly law in state defense orders, before sending by the responsible subdivision a report to the Juridical Department on the detection of signs of violation of articles 11 and 16 of the Law on Protection of Competition, a copy of such a report should be referred to the Control and Inspection Department in state defense orders of the FAS Russia.

3.53. An entry on receipt of a copy of the report by the Anti-Cartel Department of the FAS Russia is affixed to the report sent to the Legal Department of the FAS Russia.

When monitoring compliance with the antimonopoly law in the field of the state defense orders, an entry on receipt of a copy of the report by the Control and Inspection Department in state defense orders of the FAS Russia is affixed to the report sent to the Juridical Department in state defense orders of the FAS Russia.

3.54. The result of the in-house legal expertise is the findings (further on is referred to the findings), prepared within a period not exceeding seven working days from the date of receipt of the report to the structural subdivision specified in paragraph 3.51 of these Regulations.

3.55. Under the decision of the head of the structural subdivision of the FAS Russia specified in paragraph 3.51 of these Regulations (or the head of the division of the regional body of the FAS Russia responsible for conducting in-house legal expertise), issued in the form of resolution appended to on a report, the term of conducting in-house legal expertise may be extended, but not for more than five working days, which is reported to the responsible subdivision.

3.56. When preparing the findings it is determined whether:

- there is a basis for initiating proceedings in case of violation of the antimonopoly law;

- the case falls within the competence of the antimonopoly body;

- the signs of violation of the antimonopoly law are identified correctly and the rules of the antimonopoly law to be applied;

- the scope of persons to be involved in the case is identified correctly;

- the documents to initiate proceedings are available in sufficient quantity.

In preparing the findings, other issues necessary for the correct and comprehensive consideration of the case are also resolved.

3.57. According to the results of the in-house legal expertise, the report may be returned to the responsible subdivision for revision and (or) for the carrying out relevant activities on the following grounds:

- in the absence or insufficiency of evidence to conclude the presence or absence of violation of the antimonopoly law;

- if the submitted documents do not contain an analytical report on the results of the analysis of the competitive environment in the relevant goods markets, when necessary to establish signs of violation of the antimonopoly law;

- in case of issuing a warning to an economic entity to stop actions (omissions) containing signs of a violation of the antimonopoly law, to eliminate the causes and conditions contributed to the occurrence of such a violation, and to take action to eliminate the consequences of such a violation;

- if the term set by the warning of the antimonopoly body to stop actions (omissions) containing signs of a violation of the antimonopoly law, to eliminate the causes and conditions contributed to the occurrence of such a violation, and to take action to eliminate the consequences of such a violation has not expired.

3.58. The report, finalized by the responsible subdivision taking into account the grounds for its return, is sent for re-conducting an in-house legal expertise.

3.59. Upon receipt of the findings on the absence of signs of violation of the antimonopoly law, the responsible subdivision prepares a draft response to the petitioner containing a reasoned refusal to initiate proceedings in case of violation of the antimonopoly law, which is sent to the head of the antimonopoly body together with a report, findings and other documents indicating the signs of violation of the antimonopoly law.

3.60. In case of disagreement of the responsible subdivision with the results of the in-house legal expertise provided in the findings, the responsible subdivision within a period not exceeding five working days from the date of receipt of the findings, reports its objections to the deputy head of the antimonopoly body, coordinating and monitoring the activities of the responsible subdivision (further on referred to as the deputy head).

3.61. The deputy head, in order to find a reasonable decision, discusses these objections with the head of the responsible subdivision and the head of the subdivision responsible for the in-house legal expertise.

3.62. If the objections are not eliminated as a result of the discussion, the deputy head shall notify the head of the antimonopoly body for a final decision.

3.63. In case the report was returned to the responsible subdivision by reason of the necessity to issue a warning or non-expiration of the period established by the warning of the antimonopoly body to stop actions (omissions) containing signs of a violation of the antimonopoly law, to eliminate the causes and conditions contributed to the occurrence of such a violation, and to take action to eliminate the consequences of such a violation, the responsible subdivision re-sends the report for conducting an in-house legal expertise if the warning was not fulfilled within the established time period.

3.64. Upon receipt of the findings on the presence of signs of violation of the antimonopoly law, the responsible subdivision prepares a draft order of the antimonopoly body on the initiation of proceedings and the establishment of a commission on consideration of a case of violation of the antimonopoly law.

3.65. The draft order specified in paragraph 3.64 of these Regulations with the appendix of the report, findings and other documents indicating the signs of violation of the antimonopoly law are sent to the head of the antimonopoly body to take a decision.

3.66. The head of the antimonopoly body within five working days from the date of receipt of the report, findings and other documents indicating the signs of violation of the antimonopoly law takes a decision specified in paragraph 3.42 of these Regulations.

3.67 The head of the antimonopoly body may also take a decision to return the documents to the responsible subdivision for revision, which is issued by a resolution containing the relevant letter of instruction.

3.68. In case of a decision to initiate proceedings in case of violation of the antimonopoly law, the antimonopoly body issues an order to initiate proceedings and establish a commission on consideration of a case of violation of the antimonopoly law (further on referred to as the order to initiate proceedings).

3.69. A copy of the order to initiate proceedings and a cover letter are sent to the petitioner and the defendant in the case within three days from the date of issue of the order. The order is also published on the official website of the antimonopoly body.

3.70. The persons participating in the case are:

- petitioner;

- defendant;

- interested parties.

3.71. The petitioners are the persons specified in paragraph 3.3 of these Regulations.

3.72. The defendants are the persons against whom the petition and materials have been filed or in which actions (omissions) the antimonopoly body has found signs of violation of the antimonopoly law.

These persons are recognized as defendants in the case since initiation of proceedings.

3.73. The interested parties are the persons whose rights and legally protected interests are affected in connection with the consideration of a particular case.

3.74. Experts, translators and persons having data on the circumstances under consideration by Commission are the persons involved in the proceedings in this capacity by the ruling of the commission.

3.75. The employees of bodies and (or) organizations with specific knowledge on issues related to the case under consideration engaged by the commission for a findings may be involved in proceedings as experts.

3.76. An interpreter shall be a person who fluently speaks the language whose command is necessary for translation in the course of proceedings.

3.77. The Commission on consideration of a case of violation of the antimonopoly law (further on referred to as the commission) is formed in accordance with the requirements specified in article 40 of the Law on Protection of Competition.

The commission of the FAS Russia is composed of employees of the Legal department (except for cases of monitoring compliance with the antimonopoly law in state defense orders).

When monitoring compliance with antimonopoly law in state defense orders, the commission of the FAS Russia is composed of employees of the Juridical Department in state defense orders and the Department of Methodology and Organization of Control Activities in state defense orders.

The commission of the FAS Russia on consideration of a case of violation of the antimonopoly law in violation of articles 11 and 16 of the Law on Protection of Competition is also composed of an employee of the Anti-Cartel Department, and of an employee of the Control and Inspection Department in state defense orders of the FAS Russia when monitoring compliance with antimonopoly law in state defense orders.

The Commission acts on behalf of the antimonopoly body.

3.78. During the consideration of the case, the commission adopts the acts approved by the order of the FAS Russia No. 337 of 22.12.2006 (registered by the Ministry of Justice of the Russian Federation on 19.01.2007 No. 8790). The specified acts could be signed by the Chairman of Commission and Members of Commission with the enhanced encrypted digital signature.

3.79. A decision on the appointment of the case for consideration is taken by the chairman of the commission within a period not exceeding fifteen days from the date of issue of the order to initiate proceedings.

3.80. A copy of the decision on the appointment of the case for consideration shall be sent to the persons participating in the case within a period not exceeding three working days from the date of issue of the decision, and is also published on the official website of the antimonopoly body.

3.81. A copy of the order to initiate proceedings and a copy of the ruling on the appointment of the case for consideration shall be sent by the responsible subdivision to the members of the commission within three days from the date of issue of the order and the date of issue of the decision.

3.82. Documents and materials that are relevant to this case (except for the report and findings) shall be filed in the case file and arranged in chronological order of their receipt.

3.83. A petition procedure consists of:

- case filling and binding;

- continuous page numbering;

- internal inventory of the case in accordance with Annex No. 9 to these Regulations.

3.84. Sheets of cases of several volumes or parts are numbered for each volume or part separately.

3.85. The following details are indicated on the cover of the case (volume, part):

- record number of the case (volume, part);

- full name of the person against whom proceedings were initiated;

- paragraphs and numbers of articles of the laws and regulations, on the grounds of violation of which proceedings were initiated;

- a summary of the violation;

- date of initiation and the completion of proceedings.

3.86. Documents and materials containing information including information, containing the commercial, office or other protected by the law secret are placed in separate volumes

3.87. In each volume (part) of the case, an acknowledgement form is kept in accordance with Annex No. 12 to these Regulations. At the end of study the case file, the person, who has studied the case materials, makes an entry in the review sheet.

Consideration of the case of violation of the antimonopoly law

3.88. Consideration of the case of violation of the antimonopoly law is exercised at the Commission session.

3.89. The chairman of the commission opens the session, announces the composition of the commission and the case subjected for consideration.

3.90. The chairman of the commission directs the Commission session, ensures conditions for comprehensive and complete examination of evidence and circumstances of the case.

3.91. The case is considered at the commission session with the persons participating in the case and other persons involved in proceedings by the commission, on the date, time and place of the session set by the ruling.

3.92. The antimonopoly body shall notify the persons participating in the proceedings of the date, time and place of the session in writing by sending rulings and notices, indicating information on the date, time and place of the session by registered mail with notification of delivery, or by its service to the persons participating in the case against a receipt directly in the antimonopoly body or in the place of location of the persons participating in the case, and in urgent cases, additionally, by sending a telephone message or telegram, by fax or e-mail or by other means of communication.

3.93. The Commission is eligible to examine the case of violation of the antimonopoly law if not less than fifty percent of the whole number of members of the Commission are present at the session but not less than three members of the Commission.

As part of the proceedings, the persons participating in the case have the right to choose the means of notification by the antimonopoly body of the date, time and place of the commission session, by receiving all the procedural documents in the case, containing this information, by e-mail, by fax, or by reviewing the procedural documents on the official websites of the antimonopoly body, against a receipt.

3.94. Number of members (including the Chairman) of the Commission on consideration of the cases of violation of the antimonopoly law stated in parts 3 and 4 article 40 should be even.

3.95. In the absence of a quorum for the consideration of the case, the members of the commission present at the session takes a decision based on a ruling to postpone the consideration of this case and to appoint a new date for its consideration.

3.96. During the case consideration the minutes, which are signed by the Commission Chairman, are kept. The Commission has the right to take shorthand or audio record of the session, making an entry about it in the minutes.

3.97. The minutes must be signed by the Commission Chairman no later than the date of a ruling on the postponement, suspension of the consideration of the case, or a decision on the case in full.

3.98. At the Commission session the members:

- hear the persons participating in the case;

- hear and discuss the petitions, take decisions on the petitions;

- examine the evidence;

- hear opinions and explanations of the persons participating in the case concerning the evidence presented by the persons participating in the case;

- hear and discuss the position of experts and specialists attracted with the purpose of issue findings;

- hear the persons disposing of information concerning the circumstances of the case under consideration;

- on petition filed by the persons participating in the case or on the Commission initiative the questions about the necessity to make a recess in the session, to postpone or to stay an action are discussed;

- when establishing the facts of violation of paragraphs 1, 5, 9 of article 10, article 11 of the Law on Protection of Competition, the amount of damage caused by the defendant in the case or the income received, or the absence of such damage and income, is defined.

3.99. The petitioner may be involved in the proceedings as an interested person, if the case has already been initiated on the grounds that served as the basis for filling a petition with the antimonopoly body.

3.100. The commission issues a ruling on the involvement of such a person in proceedings as an interested person, a copy of which, within a period not exceeding three days from its date of issue, is sent to the persons participating in the case by registered mail with a notification of delivery, and in urgent cases by sending a telephone message or telegram, by fax or e-mail, or by using other means of communication, or by its service to the persons participating in the case against a receipt directly in the antimonopoly body or in the place of location of the persons participating in the case.

3.101. The petition and materials of the interested person involved in proceedings are attached to the case file.

3.102. The documents and materials attached to the case are submitted by the persons participating in the case in the original or in the form of copies certified by the signature of the head (authorized person) and the seal of the legal entity (authorized person) or by the signature of a physical person (authorized person).

3.103. If during the proceedings the commission finds that the actions (omissions) of a person not being a defendant in the case contain signs of violation of the antimonopoly law, such a person shall be recognized as a defendant in the case.

3.104. The commission issues a ruling on the involvement of such a person as a defendant in the case.

3.105. The Commission must postpone proceedings in case of violation of the antimonopoly law if:

- in the course of proceedings it is found that actions (omissions) by the defendant in the case have signs of a different violation of the antimonopoly law than the violation upon signs of which the case was initiated;

- a defendant in the case is a person that had earlier been a party to the case in a different capacity (a person that holds information about the circumstances of the case, petitioner);

- in case of a findings on the circumstances of the case.

In case of postponement of proceedings in case of violation of the antimonopoly law on the grounds provided by paragraphs 2 and 3 of this paragraph, the ruling must contain a description of the identified signs of violation of the antimonopoly law, evidence, factual and other circumstances indicating the presence of such signs.

3.106. In the absence of facts indicating the presence of signs of violation of the antimonopoly law in the actions (omissions) of one of the defendants in the case, the commission issues a ruling to disengage such a defendant from the proceedings.

3.107. Copies of the rulings specified in paragraphs 3.104, 3.106 of these Regulations shall be sent to the persons participating in the case, no later than one working day following the ruling, by registered mail with a notification of delivery, and in urgent cases by sending a telephone message or telegram, by fax or e-mail, or by using other means of communication, or by its service to the persons participating in the case against a receipt directly in the antimonopoly body or in the place of location of the persons participating in the case.

3.108. The commission issues the ruling on the extension of proceedings, a copy of which is sent to the persons participating in the case within a period not exceeding three days from its date of issue, and is also published on the official website of the antimonopoly body.

3.109. A copy of the abovementioned ruling may also be sent to the persons involved by the commission in the proceedings as an expert, an interpreter, and persons having data on the circumstances under consideration by Commission.

3.110. If during the proceedings in case of violation of the antimonopoly law the commission finds signs of violation of paragraphs 3 and 5 of part 1 of article 10 of the Law on Protection of Competition, which were unknown at the time of the proceedings initiation, the commission shall issue a warning to eliminate the causes and conditions contributed to the occurrence of such a violation, and to take action to eliminate the consequences of such a violation in accordance with the procedure established by the Order the FAS Russia No. 874 of 14.12.2011 "On Approval of the Procedure for issuing warnings to stop of actions (omissions), which contain signs of violation of Antimonopoly law” (registered by the Ministry of Justice of the Russian Federation on 30.12.2011 No. 22816).

3.111. During the proceedings in case of violation of the antimonopoly law, the commission has the right to request from the persons participating in the case, documents, information and explanations in written or oral form on issues arising during the proceedings, and to involve other persons in proceedings.

3.112. If in the course of proceedings in case of violation of the antimonopoly law the antimonopoly body reveals circumstances indicating the presence of administrative violation, the antimonopoly body initiates a case of administrative violation in accordance with the procedures established by the legislation on Administrative Offences of the Russian Federation.

3.113. The Commission has the right to postpone the proceedings in case of violation of the antimonopoly law:

- on petition of a person participating in the case in connection with impossibility of this person or his/her representative appearance at the Commission session for a valid reason, confirmed by relevant documents;

- in connection with the necessity to obtain complementary evidence;

- to involve in the proceedings persons assisting the case consideration and other persons, whose participation is considered necessary by the Commission;

- in the course of proceedings it is found that actions (omissions) by the defendant in the case have signs of a different violation of the antimonopoly law than the violation upon signs of which the case was initiated;

- in other cases provided by chapter 9 of the Law on Protection of Competition.

3.114. If the case of violation of the antimonopoly law is postponed the running of the term of the proceedings is not interrupted. The examination of the case at a new session after the recess is continued by the Commission from the moment where it was interrupted.

3.115. The Commission has the right to suspend proceedings:

- if the antimonopoly body, court or pretrial investigation authority are considering the another case, relevant to the proceedings in case of violation of antimonopoly law,

- for the period of expert examination.

3.116. If the proceedings are suspended, the term of the proceedings is interrupted and continues since the resumption of the proceedings. The proceedings continue from where it was suspended.

3.117. The commission issues a ruling on suspension or resumption the proceedings in case of violation of antimonopoly law, expert examination, a copy of which, within a period not exceeding three days from its date of issue, is sent to the persons participating in the case by registered mail with a notification of delivery, and in urgent cases by sending a telephone message or telegram, by fax or e-mail, or by using other means of communication, or by its service to the persons participating in the case against a receipt directly in the antimonopoly body or in the place of location of the persons participating in the case.

If the persons participating in the case have chosen the notification by the antimonopoly law of the date, time and place of the commission session by e-mail or fax in accordance with the procedure established by paragraph 3.92 of these Regulations, a copy of the ruling on the postponement, suspension or resumption of the proceedings shall be sent by this means within three days from their date of issue.

A copy of the ruling on the appointment of an expert examination is also sent to the expert within three days from the date of issue of the ruling.

3.118. The commission may refer the case to the other antimonopoly body in accordance with paragraphs 3.12 - 3.15 of these Regulations, to the FAS Russia at its request to accept the proceedings, or if during the proceedings it was found that violation of the antimonopoly law took place in the territory of two or more subjects of the Russian Federation, in accordance with the order of the FAS Russia No. 244 of August 1, 2007 (registered by the Ministry of Justice of Russia on 08.11.2007 No. 10441).

3.119. The persons participating in the case shall be notified of the referral of the case to other antimonopoly body within three working days from the date of such a decision.

3.120. The Commission, at the request of the persons participating in the case of violation of the antimonopoly law or on its own initiative, has the right to announce a recess in the session for a period not exceeding seven days.

3.121. Consideration of the case of violation of the antimonopoly law by the Commission after the recess is continued from where it was interrupted. A repeated consideration of the evidence studied before the recess in the Commission session is not conducted.

3.122. The antimonopoly body, at the request of the persons participating in the case or on its own initiative, has the right to consolidate two or more cases into one proceeding or take a decision to consider one or more cases as a separate proceeding.

3.123. The decision to consolidate two or more cases into one proceeding and consider one or more cases as a separate proceeding is taken by the commission.

3.124. A commission is created to consider a separate or consolidate cases. The composition of the commission for the consideration of a separate or consolidate cases is determined by the order of the antimonopoly body.

3.125. The decision to consolidate cases into one proceeding is taken in the following cases:

- if there are several similar cases considered by the antimonopoly body;

- if this will contribute to a full, comprehensive and objective consideration of them.

3.126. The commission considering the case to be consolidated takes a decision to consolidate cases into one proceeding.

3.127. The commissions considering cases, in respect of which the decision to consolidate cases was taken, terminate consideration of cases from the date of the order on creation of the commission for consideration of the consolidate cases.

3.128. The decision to consider a case as a separate proceeding is taken in the following cases:

- if during the proceedings new signs of violation of the antimonopoly law are revealed, sufficient to consider the case as a separate proceeding;

- if it will contribute to a full, comprehensive and objective consideration of the separated case.

3.129. The commission during the proceedings takes a decision to consider the case as a separate proceeding.

3.130. The antimonopoly body issues a ruling on the consolidation of cases into one proceeding or on consideration of the case as a separate proceeding.

3.131. A copy of the ruling is sent to the persons participating in the case, and is also published on the official website of the antimonopoly body.

3.132. Consolidation of cases into one proceeding and consideration of the case as a separate proceeding is allowed before the decision was taken by the commission on the case of violation of the antimonopoly law.

3.133. After a ruling on the consolidation of cases into one proceeding or on consideration of the case as a separate proceeding was issued, the case shall be considered from the very beginning.

3.134. The term of consideration of the consolidate cases and the separate case is calculated from the date of taking a decision on the appointment of the case for consideration, initiated earlier than the other cases subject to consolidation.

3.135. The Commission takes a decision on the case after examining and evaluating the evidence and arguments in the case, questioning persons involved in the case, the findings and explanations of experts, questioning persons having data on the circumstances under consideration by Commission.

3.136. The chairman of the commission announces the completion of proceedings.

3.137. The Commission takes a decision on the case in the absence of the persons participating in the case and other persons involved in proceedings, by announcing a break for taking a decision on the case.

3.138. The Commission terminates the proceedings in case of violation of the antimonopoly law in the following cases:

- absence of violation of the antimonopoly law in the actions (omissions) considered by the Commission;

- liquidation of the legal person – the sole defendant in the case;

- death of a physical person – the sole one defendant in the case;

- a decision of the antimonopoly body on establishing the fact of violation of the antimonopoly law came into force with regard to actions (omissions) considered by the commission;

- expiry of the period of limitation provided for by Article 41.1 of this Federal Law (the expiration of three years from the date of the violation of the antimonopoly law, and after three years from the date of the end of the violation or its establishment in case of a continuing violation of the antimonopoly law).

3.139. The resolutive part of a decision on a case of violation of the antimonopoly law is to be declared after the case examination is completed; it must be signed by all members of the commission that took part in the proceedings, and must be attached to the case.

3.140. The Commission upon a request of the persons participating in the case, has the right to take a decision on the consideration of the case by using video conferencing systems, if there is a technical possibility of video conferencing.

3.141. Closed sessions for consideration of antimonopoly cases are allowed if the consideration of the case in open session can lead to disclosing state secrets or when necessary to protect trade secrets, official secrets or other legally protected secrets, particularly, satisfying a petition filed by a party to an antimonopoly case invoking such a necessity. The Commission shall issue a ruling to consider a case of violation of the antimonopoly law in closed session.

3.142. When considering a case of violation of the antimonopoly law in closed session, the parties to the case or their representatives should be present at the session and, if necessary, upon a decision of the commission, experts, translators, as well as persons having data on the circumstances under consideration by the Commission.

Obtaining by the interested person information on the results of execution of the state function

3.143. Before the completion of the proceedings in case of violation of the antimonopoly law, if the actions (omissions) of the defendant in the case of violation of the antimonopoly law are established, the commission shall adopt findings on the circumstances of the case, announced by the chairman of the commission.

3.144. Findings on the case circumstances are drawn up as a separate document signed up by the Chairman and members of the Commission. It should contain:

- factual and other circumstances of a case established by the Commission, in particular, the circumstances ascertained in the course of analyzing the competitive environment by the antimonopoly body and the circumstances ascertained in the course of inspection of compliance with the antimonopoly law

- evidence on which the Commission’s findings on the case circumstances are based; the reasons for the Commission to reject particular evidence, accept or dismiss the arguments put by the parties to the case to justify their claims and objections.

3.145. A copy of the findings on the case circumstances should be sent to the parties to the case within five working days from the date of issuing a ruling to postpone the case of violation of the antimonopoly law. The date of the next session cannot be earlier than in five working days from the date of sending copies of the findings on the case circumstances to the parties to the case.

3.146. The parties to the case have the right to present to the Commission explanations, evidence and arguments in writing with regard to the circumstances outlined in the findings on the case circumstances before the case of violation of the antimonopoly law is finalized and the substantive provisions of the decision on the case are announced at the Commission session.

3.147. If explanations, evidence and arguments presented by the parties to the case indicate that actions (omissions) by the defendant in the case have signs of a different violation of the antimonopoly law than the violation, upon the signs of which the findings on the case circumstances are issued, the Commission, in accordance with paragraph 3.105 of these Regulations, makes a decision to postpone the proceedings in antimonopoly case. In this event the case consideration continues in accord with the rules specified in these Regulations.

3.148. If the explanations, evidence and arguments provided by the parties to the case with regard to the circumstances outlined in the findings on the case indicate the absence of violation of the antimonopoly law in the actions (omissions) under consideration by the commission, the commission, in accordance with paragraph 3.138 of these Regulations, shall terminate the proceedings of the case of violation of the antimonopoly law.

3.149. Upon the completion of the proceedings in the case the Commission takes a decision at its session.

3.150. Decision of the Commission is presented as a separate document and is signed by all members of the Commission present at the session where the decision was taken.

3.151. A member of the Commission who disagrees with the Commission’s decision is obligated to sign the act adopted by the Commission and has the right to present a special opinion in a written form, which shall be enclosed to the case materials in a sealed envelope and shall not be disclosed.

3.152. Decision should be formulated in full within ten working days from the day of declaring the resolutive part of a decision.

3.153. A decision of the Commission is made in one copy which is joined to the case papers.

3.154. Copies of the decision shall be immediately sent or service to the persons participating in the case against a receipt no later than one working day following the decision, and also published on the official website of the antimonopoly body.

3.155. The date when the decision was formulated in full, is considered the date when the decision was taken.

3.156. A decision on a case of violation of the antimonopoly law comprises an introduction, a descriptive part, analytical part and resolution part.

An introduction to a decision on a case of violation of the antimonopoly law includes the name of the antimonopoly body and the members of the Commission that investigated the case, the case number, the date of announcing the resolution part of the decision, the date of preparing the decision in full, the location where the decision was taken, the subject-matter of the case, the parties to the case, surnames of the persons attended the Commission session and their authority.

A descriptive part of a decision on a case of violation of the antimonopoly law must contain a brief description of the claim (if a case was initiated upon the outcome of consideration of a petition), objections, explanations, petitions and petitions filed by the parties to the case.

An analytical part in a decision on a case of violation of the antimonopoly law must contain:

- factual and other circumstances of a case established by the Commission, including the circumstances ascertained in the course of analyzing the competitive environment by the antimonopoly body, and the circumstances established through verifying compliance with the antimonopoly law;

- evidence, on which the Commission based its findings on the case circumstances and the arguments for the decision, the grounds, on which the Commission rejected particular evidence, accepted or rejected arguments given by the parties to the case to justify their claims and objections;

- the laws and other regulatory acts that the Commission was guided by taking the decision.

A resolutive part of a decision on a case of violation of the antimonopoly law must contain:

- findings on the grounds or their absence to terminate the proceedings;

- findings on violation of the antimonopoly law or its absence in the actions (omissions) of a defendant in the case;

- findings on the grounds or their absence to issue remedies and a list of actions included in the remedies and subject to fulfillment;

- findings on the grounds or their absence to undertake other measures by the antimonopoly body to suppress and (or) eliminate the consequences of violation of the antimonopoly law, supporting competition (including the grounds for filing a lawsuit, transfer the case materials to the law enforcement bodies, issuing recommendations to public authorities or local government bodies to exercise actions aimed at protecting competition).

3.157. The Commission on the basis of the decision issues remedies to a defendant in a case.

3.158. Remedies shall be given in the form of a separate document for each person who is obliged to fulfill the actions determined in the decision within the period established in the remedies.

3.159. Remedies must contain:

- a description of the actions determined by the decision that the defendant has to fulfill;

- term of fulfillment of remedies;

- term for the submission of evidence of the fulfillment of remedies.

3.160. Remedies are signed by the chairman and members of the Commission presenting at the session.

3.161. The remedies in case of violation of the antimonopoly law are formulated simultaneously with the decision.

3.162. Copies of the remedies shall be immediately sent or service to the defendant in the case against a receipt no later than one working day following the decision and also published on the official website of the antimonopoly body.

3.163. The remedies are subjected to be fulfilled within the period specified in it.

3.164. The failure to fulfill remedies in time entails administrative responsibility in accordance with the legislation of the Russian Federation on administrative offenses.

3.165. Failure to fulfill the decision and / or remedies is the basis for the antimonopoly body to apply to the arbitration tribunal with a request to compel the fulfillment of the decision and remedies.

3.166. Partial fulfillment of the remedies within the established period or deviation from its fulfillment is implied under the failure to fulfill in time remedies in the case of violation of the antimonopoly law in accordance with part 4 of Article 51 of the Law on Protection of Competition.

3.167. The antimonopoly body exercises control over fulfillment of its remedies.

3.168. The term of fulfillment of the remedies in the case may be extended by the commission for no more than six months at the reasoned petition from the defendant(s), if the reasons specified in the petition are considered to have a valid excuse.

3.169. The petition for extension of the term for fulfilling the remedies is sent to the antimonopoly body no later than twenty working days before the expiration of the term of fulfillment of remedies.

3.170. A ruling on extending the term for fulfilling the remedies or to refuse to extend the term shall be signed by the Chairman and members of the Commission and within ten working days after the petition was received shall be sent to the defendant(s) in the case by registered mail with notification of delivery or serviced to their representatives against a receipt.

3.171. If the defendant(s) on the case are held administratively liable for failure to fulfill the remedies within the prescribed period, the Commission within five working days after the date when the resolution on administrative sanctions was passed shall issues a ruling on a new term for fulfillment of the earlier issued remedies. The ruling shall be signed by the Chairman and members of the Commission and sent to the defendant(s) or their representatives by registered mail with notification of delivery or serviced against a receipt.

3.172. A commission that made a decision and (or) remedies in a case of antimonopoly violation, upon a petition from a person participating in the case, or upon its own initiative, can give explanations about the decision and (or) remedies without changing its content, as well as correct slips of the pen, misprints and arithmetic errors in the decision and (or) remedies.

3.173. A commission shall issue a ruling on the issues of explaining a decision and (or) remedies, correcting slips of the pen, misprints and arithmetic errors.

3.174. A commission shall send a ruling on the issues of explaining a decision and (or) remedies, correcting slips of the pen, misprints and arithmetic errors to the persons participating in the case within three working days from the day when the ruling was issued but no later than within 15 working days from the day when the petition was received.

3.175. A decision and (or) remedies issued on its basis in a case of violation of the antimonopoly law can be reconsidered upon new and (or) newly discovered circumstances by a commission that made the decision and (or) issued remedies upon a petition of a person participating in the case, as well as if a commission established the grounds provided for by article 51.2 of the Law on Protection of Competition for reconsideration of decision and (or) remedies.

3.176. The grounds for reconsideration of decision and (or) remedies issued in a case on its basis are:

- revealing circumstances that were not and could not be known as of the date of announcing the resolutive part of the decision on a case but have substantial significance for correct solution of the case;

- evidence tampering, intentional misrepresentation by a person that have information about the circumstances of the case, a deliberately misleading expert findings, knowingly incorrect translation that resulted in making unlawful or unreasonable decision and (or) issuing remedies on its basis.

3.177. A petition to reconsider a decision of the antimonopoly body and (or) remedies issued in a case on its basis upon new and (or) newly discovered circumstances shall be filed by persons participating in the case to the antimonopoly body, a commission of which made such a decision and (or) remedies, within three months from the day when they found out or should have found out about the circumstances that constitute the grounds for reconsideration of the decision and (or) remedies.

3.178. A petition for reconsideration of a decision of the antimonopoly body and (or) remedies issued on its basis in a case upon new and (or) newly discovered circumstances shall be filled in accordance with the requirements established by the order of the FAS Russia No. 85 of 13.02.2012.

3.179. Upon a petition of the person who has filed a petition, a default to a term for filing a petition can be revived by the antimonopoly body provided that the petition was filed within six months from the day of establishing the grounds for reconsideration of the decision and (or) the remedies and the antimonopoly body finds the reasons for default to a term as valid.

3.180. The antimonopoly body shall return to a petitioner a filed petition for reconsideration of a decision made by the antimonopoly body and (or) remedies issued in a case on its basis upon new and (or) newly discovered circumstances within ten days from the day when the petition was received, in case the antimonopoly body establishes:

- the requirements for the form and content of a petition are not observed;

- a petition is filed upon expiry of the period of limitation and there is no petition to revive a default or a petition to revive the a default is dismissed.

3.181. A petition to reconsider a decision made by the antimonopoly body and (or) remedies issued on its basis in a case of violation of the antimonopoly law upon new and (or) newly discovered circumstances shall be considered by the commission that made the decision and (or) issued remedies within a month from the day when the petition was received by the antimonopoly authority.

3.182. Upon the results of consideration of a petition to reconsider a decision made by the antimonopoly body and (or) remedies issued in a case on its basis upon new and (or) newly discovered circumstances, a commission shall made one of the following decisions:

- to grant the petition and to reconsider the decision and (or) remedies;

- to dismiss the petition.

3.183. A commission shall send a decision to dismiss a petition for reconsideration of a decision and (or) remedies issued on its basis in a case of violation of the antimonopoly law to a petitioner within three days as of the date when this decision was made.

3.184. In case of a decision to reconsider a decision and (or) remedies issued on its basis in a case of violation of the antimonopoly law, a commission shall issue a ruling to reconsider a decision and (or) remedies.

3.185. Copies of the ruling shall be sent to the person participating in the case within three days from the date it was made.

3.186. A decision and (or) remedies issued on its basis in a case of violation of the antimonopoly law shall be reconsidered by the commission that made the decision under reconsideration and (or) issued remedies under reconsideration in accordance with the procedures established by chapter 9 of the Law on Protection of Competition and by the rules of consideration of cases of violation of the antimonopoly law, established by paragraphs 3.88 - 3.139 of these Regulations.

3.187. A decision and (or) remedies of the antimonopoly body can be appealed to an arbitration tribunal within three months from the day when the decision was made or remedies were issued. Decision and (or) remedies of the regional antimonopoly body could be appealed to a collegial body of the federal antimonopoly body.

In case decision and (or) remedies of antimonopoly body is appealed to collegial body of the federal antimonopoly body, acts determined with regard to the case of violation of antimonopoly law could be appealed to an arbitration tribunal within one month from the date when decision of the collegial body of the federal antimonopoly body came into force.

3.188. If an arbitration tribunal initiates proceedings on an appeal against remedies, the fulfillment of the remedies of the antimonopoly body shall be suspended until the day when the judgment of the arbitration tribunal comes into effect.

IV. Procedure and form of monitoring the execution of the state function

The procedure for the ongoing monitoring of the compliance with and execution by the responsible officials of the antimonopoly body of the provisions of the Regulations and other regulatory legal acts prescribing the requirements for the execution of the state function, as well as for their decisions

4.1. The FAS of Russia organizes and monitors compliance with and execution by the responsible officials of the antimonopoly body of the provisions of these Regulations and other regulatory legal acts prescribing the requirements for the execution of a state function, as well as for their decisions.

4.2. The ongoing monitoring of compliance with and execution of the state function is carried out in accordance with the procedure established by these Regulations and orders of the FAS Russia, and includes conducting inspections of the completeness and quality of the execution of the state function, compliance with the procedure for its execution, identifying and eliminating violations, considering petitions, materials submitted by petitioners and preparing responses to them, taking decisions on complaints against actions (omissions) of the antimonopoly body and its officials.

4.3. The ongoing monitoring of the observance and execution of the state function by officials of the FAS Russia within their competence is carried out by the heads of subdivisions, deputy heads and the head of the FAS Russia. The ongoing monitoring of the observance and execution of the state function by the officials of the regional body of the FAS Russia is carried out by the deputy heads and the head of the relevant regional body.

4.4. The ongoing monitoring of the compliance with the procedure for fulfillment of actions defined by the administrative procedures for the execution of a state function and decision-making specified by these Regulations is carried out by the officials of the antimonopoly body specified in paragraph 4.3 of these Regulations, and is carried out constantly by holding weekly sessions, as well as approving (endorsing) draft decisions taken in implementing the administrative procedures, other documents containing the results of administrative actions.

The procedure and frequency of scheduled and unscheduled inspections of the completeness and quality of the execution of the state function, including the procedure and form of monitoring the completeness and quality of the execution of the state function

4.5. The form of monitoring of the completeness and quality of the execution of state function by officials of the antimonopoly body is the conduction of scheduled and unscheduled inspections by the FAS Russia.

4.6. The purpose of conducting scheduled and unscheduled inspections is to ensure that officials of the antimonopoly body comply with and execute their state functions, including the timeliness and completeness of consideration of petitions, materials submitted by petitioners, and validity and legality of taking decisions on them.

4.7. Unscheduled inspections of the completeness and quality of the execution of the state function are carried out:

- by the subdivision of the FAS Russia on behalf of the head of the FAS Russia on the basis of complaints received by the FAS Russia against the actions (omissions) of a regional body, or an official of the FAS Russia;

- by a subdivision of a regional body of the FAS Russia on behalf of the head of the relevant regional body on the basis of complaints received by the territorial body of the FAS of Russia against the actions (omissions) of an official of the regional body.

4.8. Scheduled inspections of the completeness and quality of the execution of the state function by the regional body of the FAS Russia are conducted within the framework of complex inspections of the territorial bodies of the FAS Russia, implemented in accordance with the orders of the FAS Russia on the basis of the annual plans of work of the FAS Russia.

The procedure for preparing and conducting inspections of the FAS Russia's territorial bodies activities was approved by Order of the FAS Russia No. 569 of 04.08.2011 "On Approval of the Regulations on the Procedure for Preparing and Conducting Inspections of the Activities of the FAS Russia's territorial bodies activities" (registered by the Ministry of Justice of Russia on 01.11.2011 No. 22183).

 Responsibility of officials of the antimonopoly body for decisions and actions (omissions) taken (carried out) by them in the execution of a state function

4.9. The head and (or) the deputy head of the antimonopoly body is responsible for the late decision-making provided for in these Regulations in accordance with the legislation of the Russian Federation.

The head of the responsible subdivision is responsible for the late and (or) improper implementation of administrative procedures (actions) for consideration of petitions, materials in accordance with the legislation of the Russian Federation.

The executive officer is responsible for late consideration of petitions and materials in accordance with the legislation of the Russian Federation.

4.10. The limits of disciplinary liability of the persons indicated in paragraph 4.9 of these Regulations shall be determined in accordance with their official regulations.

4.11. Officials of the antimonopoly body are also liable for decisions and actions (omissions) taken (carried out) by them in executing a state function on grounds and in a manner prescribed by the legislation of the Russian Federation.

Requirements for the procedure and forms of monitoring of the execution of state function, including by citizens, their associations and organizations

4.12. In case of violation of these Regulations citizens, their associations and organizations have the right to file a complaint with the antimonopoly body.

The complaint can be submitted in person to the official of the antimonopoly body, sent by mail or in electronic form using the information technology and communication infrastructure, including the portal of state and municipal services (functions).

V. Procedure for prejudicial (extrajudicial) appeal against decisions, actions (omissions) of antimonopoly bodies of the FAS Russia and their officials

Information for interested parties about their right to prejudicial (extrajudicial) appeal against actions (omissions) and decisions taken (implemented) in the course of execution of a state function

5.1. Interested parties have the right to appeal against actions (omissions) of the antimonopoly body, their officials and decisions taken (implemented) by them in the execution of a state function in the prejudicial (extrajudicial) procedure.

Subject of prejudicial (extrajudicial) appeal

5.2. The subject of prejudicial (extrajudicial) appeal is decisions and actions (omissions) of the antimonopoly body and its officials.

An exhaustive list of grounds for suspension of the consideration of the complaint and cases in which  the response to the complaint is not given

5.3. The legislation of the Russian Federation does not provide for any grounds for suspension of the consideration of the complaint.

5.4. When a written complaint fails to indicate the family name of a person who has submitted a complaint and a postal address for a response, no response to the petition shall be given.

5.5. A complaint which is made to appeal a court decision shall be sent back to a person who has submitted the complaint along with explanations about the procedure for appealing that court decision.

5.6. Antimonopoly body, upon receipt of a written complaint which contains obscene or insulting words, threats to the life, health and property of an official and his or her family members shall have the right to leave the complaint unanswered as to the essence of issues raised therein and advise the citizen who has sent the complaint of inadmissibility of abusing the right.

5.7. Should the text of a written complaint be unreadable, no response to the complaint shall be given and it shall not be sent for consideration to a state body, local government body or official depending on their respective competence, which fact shall be brought to the notice of the citizen who has submitted the complaint, provided his or her family name and mail address is readable.

5.8. When a written complaint contains a question to which the complainant has on many occasions received responses in writing on its merits in connection with earlier sent complaints with the complaint adducing no fresh arguments or circumstances, the head (deputy head) of the antimonopoly body have the right to take a decision to regard that one more complaint unjustified and to cease correspondence with the complainant on the given issue. The said decision shall be brought to the notice of the person who submitted the complaint.

5.9. If the reasons for which no response may be given as to the merits of issues raised in a complaint have been subsequently removed, a complainant shall have the right to resubmit a complaint to the antimonopoly body.

5.10. When a response on the issue raised in a petition may not be given without divulging data constituting a state secret or other secret protected by the Federal law, a person who submitted the complaint shall be informed that it is impossible to give an answer on the merits of the issue raised therein in connection with the inadmissibility of divulging the said data.

Grounds for initiating a to prejudicial (extrajudicial) appeal procedure

5.11. Ground for initiating a prejudicial (extrajudicial) appeal procedure is an appeal (complaint) sent to the antimonopoly body.

5.12. The complainants have the right to submit a complaint in written or in the form of an electronic document.

The complaint can be sent by mail, through a multifunctional center, using the information technology and communication infrastructure, including the portal of state and municipal services (functions), and can also be accepted in person.

5.13. In a written complaint, the complainant must indicate either the name of the antimonopoly body, or the surname, first name, patronymic of the relevant official, or the position of the relevant official, as well as the name of the legal entity filing the complaint, its location, contact phone number, or the surname, first name, patronymic (if available) (in the case of filing a complaint on behalf of a physical person), the postal address to which the response to the complaint should be sent, the notification of referring the complaint, summed up the complaint, puts the signature and date. In support of their arguments, the petitioner has the right to attach documents and materials or copies of them to the complaint.

5.14. In the complaint received by the antimonopoly body in the form of an electronic document, the complainant must indicate the name of the legal entity filing the complaint, its location, contact phone number, or his last name, first name, patronymic (in the case of filing a complaint on behalf of a physical person), e-mail address, in case a response should be sent in the form of an electronic document, or postal address, in case the response should be sent in writing. The complainant has the right to attach the necessary documents and materials in electronic form to such a complaint.

5.15. When considering a complaint, the head of the antimonopoly body also considers:

- documents submitted by the petitioner;

- materials containing explanations by official;

- results of research, inspections.

Rights of interested parties to receive information and documents required for substantiation and consideration of the complaint

5.16. Obtain information on the following issues:

- the reference number under which the complaint is registered in the case management system;

- the regulatory legal acts on the basis of which the FAS Russia executes the state function;

- the requirements for the certification of documents and information;

- the location of reference materials on the execution of the state function on the official website of the FAS Russia in the information and telecommunications network "Internet";

5.17. Withdraw the complaint until a decision is taken on the complaint.

State authorities and officials to whom the complaint can be sent in the prejudicial (extrajudicial) procedure

5.18. A complaint of violation of these Regulations by the antimonopoly body or officials of the FAS Russia can be filed with the FAS Russia.

5.19. A complaint of violation of these Regulations by the officials of the regional body can be filed with the regional body.

5.20. A complaint filed in violation of paragraphs 5.18 and 5.19 of these Regulations together with supporting documents shall be sent by the antimonopoly authority that received it within ten working days from the date of its registration to the relevant antimonopoly body, notifying the petitioner of the referral of the complaint.

Term of consideration of the complaint

5.21. A complaint is considered by the antimonopoly authority within thirty days from the date of registration.

5.22. The term of consideration of the complaint may be extended if the head of the antimonopoly body decides to conduct an investigation concerning the complaint or request additional information, but not for more than thirty days.

5.23. The decision to extend the term of consideration of the complaint is communicated to the complainant in writing, indicating the reasons for the extension.

The result of prejudicial (extrajudicial) appeal

5.24. The decision on the appeal against the decision, action (omission) of an official of a regional body of the FAS Russia is made by the head of the relevant regional body.

The decision on the appeal against the decision, action (omission) of the regional body of the FAS Russia, an official of the FAS Russia is taken by the head of the FAS Russia.

5.25. Following the consideration of appeal against a decision, action (omission) of an antimonopoly body or its official, the head of the antimonopoly body takes one of the decisions mentioned below:

- recognize the actions (omissions) of the antimonopoly body or its official meet the requirements of these Regulations and reject the complaint;

- recognize the actions (omissions) of the antimonopoly body or its officials fully or partially meet the requirements of these Regulations and fully or partially satisfy the complaint; In this case, the executive officer responsible for the complaint in order to establish the fact of violation of the legislation of the Russian Federation on the state civil service of the Russian Federation and the petition of a disciplinary penalty, or to take a decision on other types of liability, shall submit to the head of the antimonopoly body a service note summarizing the violation and indicating the officials who committed it or take a decision on conducting an internal audit in respect of state civil servants.

5.26. The decision of the head of the antimonopoly body is made in writing.

5.27. A copy of the decision is sent to the petitioner within three working days from its date of issue in full.

5.28. The service note specified in paragraph 5.25 of these Regulations together with the resolution of the head of the FAS Russia is sent to the Civil Service Department of the FAS Russia no later than one working day following the date of issue of the decision in full.

The service note specified in paragraph 5.26 together with the resolution of the head of the regional body of the FAS Russia, is sent to the official responsible for anti-corruption activity no later than one working day following the date of issue of the decision in full.

5.29. Actions for execution of the decision of the head of the antimonopoly body must be performed within ten days from the date of issue of the decision on the complaint, unless otherwise established.

 

 

 


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