ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of March 22, 2018 No. 343/18

About approval of Administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor, five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, and also transactions, other actions which are subject to preliminary approval enters

For the purpose of implementation of article 14 of the Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2011, No. 1, Art. 32; No. 27, Art. 3880; No. 47, Art. 6612; 2014, No. 6, Art. 566; No. 11, Art. 1094; No. 45, Art. 6153; 2017, No. 27, Art. 3952; No. 30, the Art. 4445), and also according to part 1 of article 12 of the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, Art. 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, Art. 6961, Art. 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, Art. 72; No. 10, Art. 1393; No. 29, Art. 4342, Art. 4376; 2016, No. 7, Art. 916; No. 27, Art. 4293, Art. 4294; 2017, No. 1, Art. 12; No. 50, Art. 7555; 2018, No. 9, the Art. 1283) and item 4 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of 16.05.2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, to No. 44, of the Art. 6523), I order:

1. Approve the enclosed administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor, five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, and also transactions, other actions which are subject to preliminary approval enters.

2. Recognize invalid orders of FAS Russia:

of 25.05.2012 No. 337 "About approval of administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor enters five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state" (it is registered by the Ministry of Justice of the Russian Federation 07.06. 2012, registration No. 24489);

of 15.07.2013 No. 457/13 "About modification of administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor enters five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, the FAS Russia approved by the order of 25.05.2012 No. 337" (it is registered by the Ministry of Justice of the Russian Federation 24.09. 2013, registration No. 30020);

of 20.08.2014 No. 532/14 "About modification of administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor enters five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, the FAS Russia approved by the order of 25.05.2012 No. 337" (it is registered by the Ministry of Justice of the Russian Federation 22.09. 2014, registration No. 34102);

of 01.04.2016 No. 389/16 "About modification of administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor enters five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, the FAS Russia approved by the order of 25.05.2012 No. 337" (29.06.2016, registration No. 42680) is registered by the Ministry of Justice of the Russian Federation.

3. I reserve control of execution of this order.

Approved by the Order of Federal Antimonopoly Service of the Russian Federation of March 22, 2018, No. 343/18

Administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor, five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, and also transactions, other actions which are subject to preliminary approval enters

I. General provisions

Regulation subject

1.1. The administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor enters of five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, and also transactions, other actions which are subject to preliminary approval (further - respectively Regulations, the state service) govern the relations on consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor, five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, and also transactions, other actions which are subject to preliminary approval enters (further - the notification), also determines terms and the sequence of ministerial procedures (actions) of Federal Antimonopoly Service performed by provision of the state service.

1.2. Concepts "business entity" and "group of persons" in Regulations are used in the values specified in articles 4 and 9 of the Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (The Russian Federation Code, 2006, No. 31, Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601, Art. 3610; No. 52, Art. 6450, Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30, Art. 4590; No. 48, Art. 6728; No. 50, Art. 7343; 2012, No. 31, Art. 4334; No. 53, Art. 7643; 2013, No. 27, Art. 3436, Art. 3477; No. 30, Art. 4084; No. 44, Art. 5633; No. 51, Art. 6695; No. 52, Art. 6961, Art. 6988; 2014, No. 23, Art. 2928; No. 30, Art. 4266; 2015, No. 27, Art. 3947; No. 29, Art. 4339, Art. 4342, Art. 4350, Art. 4376; No. 41, Art. 5629; 2016, No. 27, Art. 4197; 2017, No. 31, Art. 4828).

Circle of applicants

1.3. The notification moves:

a) foreign investor;

b) the legal entity or physical person entering group of persons with the foreign investor.

The concept "foreign investor" of Regulations is used in the value specified in article 3 of the Federal Law of 29.04.2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2011, No. 1, Art. 32; No. 27, Art. 3880; No. 47, Art. 6612; 2014, No. 6, Art. 566; No. 11, Art. 1094; No. 45, Art. 6153; 2017, No. 27, Art. 3952; No. 30, Art. 4445).

1.4. The notification moves persons specified in Item 1.3 of these Regulations or their authorized representatives (further - the applicant).

Requirements to procedure for informing on provision of the state service

1.5. Information on the FAS Russia location:

location - Sadovaya-Kudrinsky, 11, Moscow, D-242, GSP-3, 125993.

1.6. Information on the working schedule of FAS Russia:

 

Monday, Tuesday, environment, Thursday	-	from 9:00 till 18:00;
Friday	-	from 09:00 till 16:45;
Saturday, Sunday		the day off.

 

1.7. Information on contact information of FAS Russia:

help FAS Russia - (499) 755-23-23;

the fax - (499) 755-23-24.

1.8. Addresses of the official site and e-mail of FAS Russia:

- the official site of FAS Russia on the Internet - www.fas.gov.ru (further - the official site of FAS Russia);

- the e-mail address of FAS Russia on the Internet is delo@fas.gov.ru (further - the e-mail address of FAS Russia).

1.9. Information on questions of provision of the state service, the information on the course of provision of the state service is provided by the staff of FAS Russia by phone, on personal acceptance, and also posted on the official site of FAS Russia, in the Federal state information system "Single Portal of the State and Municipal Services (Functions)" (http://www.gosuslugi.ru/) (further - the portal of the state and municipal services (functions).

1.10. By phone, on personal acceptance the staff of FAS Russia provides information on the following questions:

- about the entering number at which the address in system of clerical work is registered;

- about regulatory legal acts based on which the FAS Russia provides the state service;

- about requirements to assurance of documents and data;

- about the location on the official site of FAS Russia, the portal of the state and municipal services (functions) of reference materials concerning provision of the state service.

1.11. From the date of submission of the notification the applicant has the right to data on the course of provision of the state service by phone and on personal acceptance.

1.12. Information on the procedure of provision of FAS Russia of the state service is placed:

- on the official site of FAS Russia;

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

- at information stands of FAS Russia and in distributing information materials (brochures, booklets).

1.13. The following information is posted on the official site of FAS Russia:

- name and postal address of FAS Russia;

- phone numbers on which it is possible to obtain necessary information;

- working schedule of FAS Russia;

- list of the documents necessary for receipt of the state service;

- excerpts from the legislative and other regulatory legal acts containing the regulations regulating activities for provision of the state service;

- the text of these Regulations with appendices.

1.14. By means of the portal of the state and municipal services (functions) to the applicant it is provided:

- receipt of information on procedure and terms of provision of the state service;

- making an appointment FULL FACE Russia for submission of the notification;

- receipt of data on the course of provision of the state service;

- implementation of quality evaluation of provision of the state service;

- pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of body (organization), official of body (organization) or government or local government officer.

1.15. At the information stand placed in public reception of FAS Russia the following information shall contain:

- the postal address of FAS Russia, the working schedule, phone numbers on which it is possible to obtain necessary information, addresses of the official site and e-mail of FAS Russia, the address of the portal of the state and municipal services (functions);

- procedure for receipt of information on the procedure of provision of the state service;

- obligations of staff of FAS Russia in case of the response to phone calls, oral and written addresses.

II. Standard of provision of the state service

Name of the state service

2.1. The state service in consideration of notifications on acquisition by the foreign investor or group of persons which the foreign investor enters, five and more percent of shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state (further - the economic society having strategic importance), and also transactions, other actions which are subject to preliminary approval.

The name of the federal executive body providing the state service

2.2. The state service is provided by FAS Russia.

2.3. By provision of the state service of FAS Russia has no right to demand from the applicant of implementation of actions the, including approvals necessary for receipt of the state service and connected with the appeal to other state bodies, and the organizations, except for receipts of the services included in the list of services which are necessary and obligatory for provision of the state services, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 (The Russian Federation Code, 2011, No. 20, of Art. 2829; 2012, No. 14, Art. 1655; No. 36, Art. 4922; 2013, No. 52, Art. 7207; 2014, No. 21, Art. 2712; 2015, No. 50, Art. 7165; 2015, No. 50, Art. 7189; 2016, No. 31, Art. 5031; 2016, No. 37, Art. 5495; 2017, No. 8, Art. 1257; No. 28, Art. 4138; No. 32, Art. 5090; No. 40, Art. 5843; No. 42, Art. 6154; official Internet portal of legal information http://www.pravo.gov.ru/, 09.04. 2018, 0001201804090009).

Description of result of provision of the state service

2.4. The state service consideration of the notification and the direction to the applicant of information on adoption of the notification note is result of FAS Russia.

Term of provision of the state service

2.5. The term of provision of the state service constitutes 30 days from the date of receipt FULL FACE of Russia notifications. The current of term of consideration of the notification begins from the next day after its obtaining FAS Russia on condition of representation together with the notification of all documents and data.

The specified time does not join the period of receipt of information according to Item 3.16 of these Regulations estimated from the date of sending an inquiry of information on submission of necessary data and (or) documents before receipt date FULL FACE of Russia of missing data and (or) documents.

2.6. Receipt date of the notification is date of its registration FULL FACE of Russia.

The list of the regulatory legal acts governing the relations arising in connection with provision of the state service

2.7. The relations arising in connection with provision of the state service are regulated by the following regulatory legal acts:

The Federal Law of 02.05.2006 No. 59-FZ "About procedure for consideration of the address of citizens of the Russian Federation" (The Russian Federation Code, 2006, No. 19, Art. 2060; 2010, No. 27, Art. 3410; No. 31, Art. 4196; 2013, No. 19, Art. 2307; No. 27, Art. 3474; 2014, No. 48, Art. 6638; 2015, No. 45, Art. 6206; 2017, No. 49, Art. 7327);

The Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (The Russian Federation Code, 2006, No. 31, Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601, Art. 3610; No. 52, Art. 6450, Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30, Art. 4590; No. 48, Art. 6728; No. 50, Art. 7343; 2012, No. 31, Art. 4334; No. 53, Art. 7643; 2013, No. 27, Art. 3436, Art. 3477; No. 30, Art. 4084; No. 44, Art. 5633; No. 51, Art. 6695; No. 52, Art. 6961, Art. 6988; 2014, No. 23, Art. 2928; No. 30, Art. 4266; 2015, No. 27, Art. 3947; No. 29, Art. 4339, Art. 4342, Art. 4350, Art. 4376; No. 41, Art. 5629; 2016, No. 27, Art. 4197; 2017, No. 31, Art. 4828);

The Federal Law of 29.04.2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2011, No. 1, Art. 32; No. 27, Art. 3880; No. 47, Art. 6612; 2014, No. 6, Art. 566; No. 11, Art. 1094; No. 45, Art. 6153; 2017, No. 27, Art. 3952; No. 30, the Art. 4445) (further - the Law No. 57-FZ);

The Federal Law of 09.07.1999 No. 160-FZ "About foreign investments in the Russian Federation" (The Russian Federation Code, 2002, No. 12, Art. 1093; No. 30, Art. 3034; 2003, No. 50, Art. 4855; 2005, No. 30, Art. 3128; 2006, No. 23, Art. 2382; 2007, No. 27, Art. 3213; 2008, No. 18, Art. 1941; 2011, No. 30, Art. 4596; 2011, No. 47, Art. 6612; No. 50, Art. 7351; 2014, No. 6, Art. 563; No. 19, Art. 2311; 2017, No. 18, Art. 2674; No. 30, Art. 4445);

The Federal Law of 27.07.2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, Art. 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, Art. 6961, Art. 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, Art. 72; No. 10, Art. 1393; No. 29, Art. 4342, Art. 4376; 2016, No. 7, Art. 916; No. 27, Art. 4293, Art. 4294; 2017, No. 1, Art. 12; No. 50, Art. 7555; 2018, No. 9, the Art. 1283) (further - the Law No. 210-FZ);

the order of the Government of the Russian Federation of 30.06.2004 No. 331 "About approval of the Regulations on Federal Antimonopoly Service" (The Russian Federation Code, 2004, No. 31, Art. 3259; 2006, No. 45, Art. 4706; No. 49, Art. 5223; 2007, No. 7, Art. 903; 2008, No. 13, Art. 1316; No. 44, Art. 5089; No. 46, Art. 5337; 2009, No. 2, Art. 248; No. 3, Art. 378; No. 39, Art. 4613; 2010, No. 9, Art. 960; No. 25, Art. 3181; No. 26, Art. 3350; 2011, No. 14, Art. 1935; No. 18, Art. 2645; No. 44, Art. 6269; 2012, No. 27, Art. 3741; No. 39, Art. 5283; No. 52, Art. 7518; 2013, No. 35, Art. 4514; No. 36, Art. 4578; No. 45, Art. 5822; 2014, No. 35, Art. 4774; 2015, No. 1, Art. 279; No. 10, Art. 1543; No. 37, Art. 5153; №44, of Art. 6133; No. 49, Art. 6994; 2016, No. 1, Art. 239; No. 28, Art. 4741; No. 38, Art. 5564; No. 43, Art. 6030; 2018, No. 5, Art. 772; No. 9, Art. 1399);

the order of the Government of the Russian Federation of 06.07.2008 No. 510 "About Russian Government Commission on Foreign Investments" (The Russian Federation Code, 2008, No. 28, Art. 3382; 2016, No. 6, Art. 842; official Internet portal of legal information http://www.pravo.gov.ru/, 11.04. 2018, 0001201804110009);

the order of the Government of the Russian Federation of 27.10.2008 No. 795 "About approval of Rules of representation by the foreign investor or group of persons which the foreign investor, information on transactions with shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, transactions, other actions which are subject to preliminary approval" (The Russian Federation Code, 2008, No. 44, of Art. 5097 enters; 2016, No. 19, Art. 2703; 2017, No. 1, the Art. 180) (further - Rules of submission of information);

the order of the Government of the Russian Federation of 16.05.2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, No. 44, Art. 6523);

the order of the Government of the Russian Federation of 16.08.2012 No. 840 "About procedure for giving and consideration of claims to decisions and actions (failure to act) of federal executive bodies and their officials, federal government employees, officials of state non-budgetary funds of the Russian Federation, and also the state corporations which according to the Federal Law are given authority on provision of the state services in the established field of activity, and their officials" (The Russian Federation Code, 2012, No. 35, Art. 4829; 2014, No. 50, Art. 7113; 2015, No. 47, Art. 6596; 2016, No. 51, Art. 7370; 2017, No. 44, Art. 6523).

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service, methods of their obtaining by the applicant, including electronically, procedure for their representation

2.8. The notification moves FULL FACE Russia in one copy, is drawn up in writing in any form and shall contain data, stipulated in Item 7 Rules of submission of information, namely:

a) the information about the applicant, including:

complete and (in the presence) reduced names, including trade name, the address of the legal entity specified in the Unified State Register of Legal Entities, the address to which post correspondence goes - for the legal entity, surname, name and (in the presence) middle name and the residence - for physical person, contact telephone number;

the list of persons exercising control over the applicant and also signs of finding of the applicant under control according to article 5 of the Law No. 57-FZ;

core activities (powers) of the applicant;

details of documents:

confirming state registration of the applicant of the legal entity or physical person as the individual entrepreneur according to the legislation of the relevant state or confirming the fact of creation of the applicant - the legal entity;

proving the applicant's identity - the physical person;

confirming the fact of organization of the applicant - the foreign organization, not being the legal entity, according to the legislation of the state in which it is founded;

b) data on the economic society having strategic importance including the name, form of business, the address of the legal entity specified in the Unified State Register of Legal Entities, the address to which post correspondence, identification taxpayer number, details of the certificate on state registration and the types of activity having strategic importance goes;

c) data on share acquisition (shares) constituting the authorized capital of the economic society having strategic importance (including according to transactions, the decision on which preliminary approval is made according to the Law No. 57-FZ), including the name of the document confirming the basis of share acquisition (shares) constituting the authorized capital of the economic society having strategic importance, date of their acquisition, quantity (with indication of percent) shares (shares) constituting the authorized capital, and in case of availability at the applicant until transaction of shares (shares) of this society - total quantity of shares (shares);

d) data on transactions, other actions, the decision on which preliminary approval is made according to the Law No. 57-FZ.

2.9. Documents, stipulated in Item 8 Rules of submission of information are attached to the notification, namely:

a) the document containing the information about structure of group of persons which the applicant enters in the form approved by the order of FAS Russia of April 17, 2008 No. 129 "About approval of form of representation of data to antimonopoly authority in case of the address with the petitions and notifications provided by Articles 27 - 31 Federal Law "About Protection of the Competition" (it is registered in the Ministry of Justice of the Russian Federation 04.05. 2008, registration No. 11614), and also data on participation of the applicant in agreements which can have significant effect on activities of the economic society having strategic importance and are connected with participation of the economic society having strategic importance in implementation of types of activity, the stipulated in Article 6 Laws No. 57-FZ;

b) the documents opening subject and contents of the transaction (the agreement or other agreement) as a result of which the applicant acquires 5 and more percent of shares (shares) constituting the authorized capital of the economic society having strategic importance, and also transactions, other action, the decision on which preliminary approval is made according to the Law No. 57-FZ, (own);

c) the document containing data on the shares (shares) constituting the authorized capital of the economic society having strategic importance, and belonging to the applicant until transaction, information on which goes to authorized body.

2.10. The notification and documents attached to it are submitted in Russian.

The documents attached to the notification are presented in the form of the originals or copies which are properly drawn up and certified. The list of documents is attached to the notification.

If originals of documents are constituted in foreign language, they are represented with notarized transfer into Russian (with putting down of apostille of competent authority of the state in which this document was constituted, except as specified, when the apostille is not required according to the international treaty).

2.11. The applicant has the right to provide FULL FACE to Russia in addition to the documents and data provided by Items 7 and 8 of Rules of submission of information, also other documents and data which, in his opinion, matter for the explanation of essence of the committed transaction as a result of which he acquired 5 and more percent of shares (shares) constituting the authorized capital of the economic society having strategic importance.

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service which are at the disposal of the state bodies, local government bodies and other bodies participating in provision of the state or municipal services and which the applicant has the right to provide, and also methods of their obtaining by applicants, including electronically, procedure for their representation

2.12. Provision of the state service does not require other documents which are at the disposal of state bodies, local government bodies and other bodies and organizations.

2.13. By provision of the state service it is forbidden to demand from the applicant:

- submission of documents and information or implementation of actions, representation or implementation of which is not provided by the regulatory legal acts of the Russian Federation governing the relations arising in connection with provision of the state service;

- submissions of documents and information which according to regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation and municipal legal acts are at the disposal of the state bodies providing the state service, other state bodies, local government bodies and (or) subordinated to state bodies and local government bodies of the organizations, participating in provision of the state or municipal services, except for documents, specified in part 6 of article 7 of the Law No. 210-FZ.

The exhaustive list of the bases for refusal in documents acceptance, necessary for provision of the state service

2.14. The bases for refusal in documents acceptance, necessary for provision of FAS Russia of the state service, are not provided by the legislation of the Russian Federation.

The exhaustive list of the bases for suspension or refusal in provision of the state service

2.15. The basis for suspension of provision of FAS Russia of the state service is sending an inquiry about submission of necessary data and (or) documents, Item 3.16 of these Regulations prepared according to requirements.

2.16. The basis for refusal in provision of the state service is lack of the documents specified in Items 2.8 and 2.9 of these Regulations.

The list of services which are necessary and obligatory for provision of the state service

2.17. Provision of other services which are necessary and obligatory for provision of the state service the legislation of the Russian Federation is not provided.

Procedure, the size and the bases of collection of the state fee or other payment levied for provision of the state service

2.18. The state service is provided without collection of the state fee or other payment.

The maximum term of expectation in queue in case of submission of the notification by the applicant and in case of receipt of result of provision of the state service

2.19. The maximum term of expectation in queue in case of submission of the notification by the applicant and in case of receipt of result of provision of the state service constitutes 15 minutes.

Term and order of registration of the notification of the applicant, including electronically

2.20. The notification of the applicant is registered in day of its receipt FULL FACE of Russia.

2.21. Registration of the notification is performed by the staff of FAS Russia responsible for acceptance and registration of the notification in case of provision of the state service.

Requirements to rooms in which the state service, to the place of expectation and acceptance of applicants, placement and execution of visual, text and multimedia information on procedure for provision of such service is provided

2.22. Rooms in which the FAS Russia provides the state service shall conform to the following requirements:

a) acceptance of applicants is performed in the rooms which are specially allocated for these purposes;

b) the rooms intended for acquaintance of applicants with information materials are equipped with information stands;

c) places of expectation in queue on provision or receipt of documents, and also places for filling of documents are equipped with chairs, tables (racks) and provided with models of filling of documents, office supplies;

d) rooms for acceptance of applicants shall be equipped with plates with indication of number of office, surname, name, middle name and position of the employee performing provision of the state service;

e) rooms for acceptance of applicants shall correspond to comfortable conditions for applicants and optimal conditions of work of employees with applicants.

2.23. Servicing of persons with limited opportunities of health is performed in the room which is specially allocated for these purposes located on the lower floor of the building equipped with the ramps, special barriers and handrail providing free movement and turn of wheelchairs, the tables placed away from entrance for free entrance and turn of carriages. For persons with limited opportunities of health are provided:

- easy access to the building in which the state service, and free use of transport, means of communication and information is provided;

- possibility of independent movement on the territory in which buildings in which the state service, and also entrance and exit from them, landing in the vehicle and disembarkation from it, including with use of wheelchair is provided are located;

- escort of the disabled people having permanent disorders of functions of sight and independent movement, and rendering to them the help in the building where the state service is provided;

- proper placement of the equipment and the data carriers necessary for providing easy access of disabled people to buildings in which the state service, taking into account restriction of their life activity is provided;

- duplication of sound and visual information, necessary for disabled people, and also texts, signs and other text and graphical information the signs executed by relief and dot font of Braille;

- admission of the signer and tiflosurdoperevodchik;

- the admission of seeing eye dog to buildings where the state service is provided, in the presence of the document confirming its special training and issued in form and according to the procedure, determined by the legislation of the Russian Federation;

- rendering to disabled people the help in overcoming the barriers preventing receipt of the state service by them on an equal basis with other persons.

2.24. Provision of references and consultations is performed in the room of consulting and help Item which is specially allocated for these purposes located on lower floor of the building.

The rooms intended for expectation in queue of acceptance or issue of documents, servicing of persons with limited opportunities of health, provision of references and consultations shall conform to requirements of comfort of conditions of stay in them of applicants and have the signs specifying their appointment.

2.25. Visual, text and multimedia information on procedure for provision of the state service is placed at information stands or information terminals in rooms for expectation and reception of citizens (in counseling center, collection point for requests and collection point for persons with limited opportunities of health), and also on the official site of FAS Russia.

Execution of visual, text and multimedia information on procedure for provision of the state service shall correspond to optimum visual and acoustical perception of this information by applicants.

Indicators of availability and quality of the state service, including the number of interactions of the applicant with officials by provision of the state service and their duration

2.26. Indicators of availability and quality of provision of the state service are:

- interaction of the applicant with the staff of FAS Russia by provision of the state service is performed during the time which is not exceeding 30 minutes in case of submission of the notification and receipt of result of provision of the state service personally by the applicant or the courier;

- availability of complete and exhaustive information about the methods, terms, documents necessary for provision of the state service on the official site of FAS Russia, the portal of the state and municipal services (functions), information stands of FAS Russia, in distributing information materials (brochures, booklets);

- reliability of the state service provided to applicants of information on the course of provision;

- satisfaction of applicants with quality of the state service;

- adherence to deadlines of provision of the state service;

- lack of reasonable complaints from applicants about actions (failure to act) of officials by results of provision of the state service and on the incorrect, inattentive attitude of officials towards applicants.

2.27. Information, component the state, commercial, office, protected by the law other secret received by FAS Russia is not subject to disclosure, except as specified, established by the legislation of the Russian Federation.

Other requirements including considering features of provision of the state service in the multipurpose centers of provision of the state and municipal services and feature of provision of the state service electronically

2.28. Provision of the state service in the multipurpose centers of provision of the state and municipal services (further - the multipurpose centers) and electronically, with use of information and technological and communication infrastructure, including the portal of the state and municipal services (functions), is not performed.

III. Structure, sequence and terms of accomplishment of ministerial procedures (actions), requirements to procedure for their accomplishment, including feature of accomplishment of ministerial procedures (actions) electronically

3.1. Provision of the state service includes the following ministerial procedures:

- submission of the notification by the applicant, the documents and data necessary for provision of the state service attached to it, their acceptance and registration;

- consideration of the notification;

- receipt of provision of the state service by the applicant of result.

The flowchart of provision of the state service is given in Appendix to these Regulations.

Submission of the notification by the applicant, the documents and data necessary for provision of the state service attached to it, their acceptance and registration

3.2. The basis for ministerial procedure is receipt FULL FACE of Russia of the notification.

3.3. The applicant has the right to provide the notification and documents attached to it in writing:

- personally or courier;

- the mailing with the inventory of investment.

The documents specified in Items 2.8 and 2.9 of these Regulations (originals or copies of originals which are properly drawn up and certified) are attached to the notification.

The notification provided on paper is filled in in any form.

3.4. In case of submission of the notification by the legal entity or the organization in writing the documents attached to it are submitted on paper, in the stitched type, certified by the sign and seal (in case of its availability) the applicant.

The signature of the physical person submitting the notification to authorized body by proxy is certified notarially according to the procedure, the established legislation of the Russian Federation on notariate.

3.5. In case of submission of the notification by physical person in writing the documents attached to it are submitted on paper, and are certified of the stitched type by the signature of the applicant.

3.6. The applicant in the presence in documents of data, components the commercial, office or protected by the law other secret, specifies the exhaustive list of the documents containing such data in the notification.

3.7. Registration of the notification which arrived FULL FACE Russia in time, specified in Item 2.20 of these Regulations, and its direction in the structural division of FAS Russia responsible for provision of the state service (further - responsible structural division), for consideration is result of ministerial procedure.

3.8. Method of fixing of result of ministerial procedure is registration of the notification with assignment to it registration number and entering of this number in the database FULL FACE of Russia.

Consideration of the notification

3.9. The basis for ministerial procedure is appointment within 1 working day from the date of registration of the notification of the executive in charge according to job responsibilities (further - the contractor) the head (deputy manager) of responsible structural division.

3.10. The contractor in time of no more than 5 working days from the date of registration of the notification FULL FACE of Russia checks:

- availability of the documents and data specified in Items 2.8 and 2.9 of these Regulations;

- the fact of observance (non-compliance) by the applicant of the submission of information of term of submission of the notification specified in Item 3 of Rules.

3.11. After implementation of actions, stipulated in Item 3.10 these Regulations, the contractor takes cognizance of the notification and in time no more than 5 working days determine:

a) the fact of reference of economic society concerning which share acquisition (shares) the notification, to the societies having strategic importance for ensuring defense of the country and safety of the state is submitted;

b) the group of people from among the foreign investors acquiring the right directly or indirectly to dispose of the voices falling on voting shares (shares) constituting the authorized capital of the economic society having strategic importance for ensuring defense of the country and safety of the state concerning which the notification is submitted;

c) the fact of establishment by the foreign investor or group of persons which the foreign investor enters, control over the economic society having strategic importance for ensuring defense of the country and safety of the state, as a result of transaction (transactions), specified in the notification;

d) the period of transaction (transactions), specified in the notification.

3.12. Need for receipt of data by means of interdepartmental interaction with other state bodies of the executive authority of the Russian Federation is absent.

3.13. In case of availability as a part of the notification not of all documents specified in Items 2.8 and 2.9 of these Regulations, the contractor within 5 working days from the moment of establishment of this fact prepares to the applicant the draft of the answer about impossibility of consideration of this notification in essence, in connection with non-presentation in full of the documents attached to the notification.

3.14. If reason on which consideration of the notification in essence was not represented possible in subsequent were eliminated, the applicant has the right to send the notification and documents attached to it FULL FACE to Russia again.

3.15. If during consideration of the provided notification of FAS Russia determines the fact of lack of subjects of legal relationship to which operation of the Law No. 57-FZ extends, the contractor prepares the draft of the answer for the applicant that information containing in the notification is taken into consideration and the notification was not required to be submitted.

3.16. In case of impossibility based on Items 2.8 and 2.9 of these Regulations of data and (or) documents provided by the applicant according to requirements to determine the facts specified in Item 3.11 of these Regulations, the contractor within 5 working days prepares to the applicant, business entity or, if necessary, in federal executive bodies the project of information request about submission of necessary data and (or) documents.

3.17. The draft of the answer prepared by the contractor to the applicant or the project of information request, specified in Items 3. 13, 3.15, 3.16 these Regulations, within 2 working days it is vised by the head (deputy manager) of responsible structural division.

3.18. The draft of the answer vised by the head (deputy manager) of responsible structural division to the applicant or the project of information request is transferred to the signature to the head (deputy manager) of FAS Russia.

3.19. The head (deputy manager) of FAS Russia signs the answer to the applicant or information request within 2 working days from the date of transfer of the draft of the answer or the project of information request to it.

3.20. After receipt FULL FACE of Russia of missing data and (or) documents in response to the inquiry sent Item 3.16 of these Regulations, the contractor performs actions, stipulated in Item 3.11 these Regulations.

3.21. By results of consideration of the notification and establishment of the facts, stipulated in Item 3.11 these Regulations, the contractor prepares for the applicant the draft of the answer about adoption of the notification note.

3.22. The draft of the answer to the applicant is vised according to Item 3.17 of these Regulations and transferred to the signature to the head (deputy manager) of FAS Russia.

3.23. The answer signed by the head (deputy manager) FAS Russia about adoption of the notification note is result of ministerial procedure.

3.24. Method of fixing of result of ministerial procedure is assignment to the answer signed by the head (deputy manager) FAS Russia about adoption of the notification note of registration number and entering of this number in the database of FAS Russia.

Receipt of provision of the state service by the applicant of result

3.25. The basis for ministerial procedure is assignment to the answer signed by the head (deputy manager) FAS Russia about adoption of the notification note of registration number and entering of this number in the database of FAS Russia.

3.26. Registration and issue (direction) of the answer about adoption of the notification is note performed by the staff of FAS Russia responsible for registration and issue of the answer about provision of the state service.

3.27. The answer to the applicant is sent to the postal address specified in the notification or the e-mail address.

The answers about adoption of the notification note which are subject to sending are registered in day of their signing and are sent to the postal address specified in the notification or the e-mail address the next working day.

3.28. Issue (direction) to the applicant of the answer about adoption of the notification note is result of ministerial procedure.

3.29. Method of fixing of result of ministerial procedure is entering in registers of outgoing correspondence of FAS Russia of marks about sending the notification to the applicant or about receipt of the notification by the applicant personally or through the courier.

IV. Forms of control of provision of the state service

Procedure of the current control of observance and execution by direct contractors of provisions of these Regulations and other regulatory legal acts establishing requirements to provision of the state service and also adoption of decisions by them

4.1. The FAS Russia will organize and exercises control of observance and execution by responsible officials of FAS Russia of provisions of these Regulations and other regulatory legal acts establishing requirements to provision of the state service and also adoption of decisions by them.

4.2. The current control of observance and execution of the requirements established for provision of the state service includes conducting checks of completeness and quality of provision of the state service, observance of procedure for its execution, identification and elimination of violations, consideration of requests of applicants and preparation of answers to them, decision making according to claims to actions (failure to act) of FAS Russia, his officials.

4.3. The current control of observance of procedure for making of the actions determined by ministerial procedures by provision of the state service, and decision making, provided by these Regulations is performed by the chief of responsible structural division, deputy managers and the Head of FAS Russia.

Procedure and frequency of implementation of scheduled and unscheduled inspections of completeness and quality of provision of the state service, including procedure and forms of control of completeness and quality of provision of the state service

4.4. Form of control of completeness and quality of provision by officials of FAS Russia of the state service is implementation of FAS Russia of scheduled and unscheduled inspections.

4.5. The purpose of carrying out scheduled and unscheduled inspections is observance and provision official persons of FAS Russia of the state service, including timeliness and completeness of consideration of addresses of applicants, justification and legality of adoption of decisions on them.

4.6. Scheduled inspections are carried out based on annual plans of work of FAS Russia.

4.7. Unscheduled inspections of completeness and quality of provision of the state service are carried out by structural division of FAS Russia at the request of the Head of FAS Russia based on the claims to actions (failure to act) of the official of FAS Russia which arrived FULL FACE Russia.

Responsibility of officials of antimonopoly authority for the decisions and actions (failure to act) taken (performed) by them during provision of the state service

4.8. The head and (or) the deputy manager of FAS Russia bears responsibility for untimely decision making, provided by these Regulations in accordance with the legislation of the Russian Federation.

The head of responsible structural division bears responsibility for untimely and (or) inadequate accomplishment of ministerial procedures (actions) for consideration of addresses and materials in accordance with the legislation of the Russian Federation.

The executive in charge bears responsibility for untimely consideration of addresses in accordance with the legislation of the Russian Federation.

4.9. Limits of responsibility of persons specified in Item 4.8 of these Regulations are determined according to their official regulations.

Requirements to procedure and forms of control of provision of the state service, including from citizens, their associations and the organizations

4.10. Citizens, their associations and the organization in case of violation of these Regulations have the right to address with the claim FAS of Russia.

The claim can be provided on the personal acceptance performed by the official of FAS Russia is directed by the mailing or electronically with use of information and technological and communication infrastructure, including official site of FAS Russia or the portal of the state and municipal services (functions).

V. Pre-judicial (extrajudicial) procedure for appeal of decisions and actions (failure to act) of FAS Russia, and also officials of FAS Russia

Information for the applicant on its right to make the complaint to the decision and (or) actions (failure to act) of FAS Russia, and also officials of FAS Russia by provision of the state service

5.1. Applicants have the right to appeal of the decisions and actions (failure to act) of FAS Russia, officials of FAS Russia accepted (performed) by them during provision of the state service, according to the procedure, provided by Chapter 2.1 of the Law No. 210-FZ.

Subject of pre-judicial (extrajudicial) appeal

5.2. Decisions and the actions (failure to act) taken (performed) FAS Russia, the official of FAS Russia, by provision of the state service including in the following cases can be subject of the claim:

1) violation of term of registration of the notification;

2) violation of term of provision of the state service;

3) the requirement at the applicant of the documents which are not provided by regulatory legal acts of the Russian Federation for provision of the state service;

4) refusal in acceptance at the applicant of documents which are provided by regulatory legal acts of the Russian Federation for provision of the state service;

5) refusal in provision of the state service if the bases for refusal are not provided by Regulations;

6) the requirement from the applicant by provision of the state service of the payment which is not provided by regulatory legal acts of the Russian Federation;

7) refusal of FAS Russia, the official of the FAS Russia providing the state service in correction of the made typographical errors and error messages in given as a result of provision of the state service documents or violation of the term of such corrections established by the legislation of the Russian Federation.

Public authorities and claims authorized for consideration officials to whom the claim can be sent

5.3. Applicants have the right to appeal decisions and actions (failure to act) of FAS Russia, officials of FAS Russia - to the Head of FAS Russia.

Procedure for giving and consideration of the claim

5.4. The claim is submitted in writing on paper or electronically.

5.5. The claim can be directed by mail, with use of the Internet, official site of FAS Russia, the portal of the state and municipal services (functions), and also can be accepted in case of personal acceptance of the applicant.

5.6. The claim shall contain:

1) the name of the body providing the state service, surname, name, middle name (the last - in the presence) the official of FAS Russia, the decision and action (failure to act) of which are appealed;

2) surname, name, middle name (the last - in the presence), place of residence of the applicant - physical person or the name, data on the location of the applicant - the legal entity, and also number (numbers) of contact telephone number, the address (addresses) of e-mail (in the presence) and the postal address on which the answer shall be sent to the applicant;

3) data on the appealed decisions and actions (failure to act) of FAS Russia, the official of FAS Russia;

4) arguments based on which the applicant does not agree with decisions and actions (failure to act) of FAS Russia, the official of FAS Russia.

The documents (in the presence) confirming the applicant's arguments, or their copies can be submitted by the applicant.

5.7. Registration of Russia which arrived FULL FACE of the claim is the basis for the procedure of pre-judicial (extrajudicial) appeal.

5.8. In case of establishment in the course or by results of consideration of the claim of signs of structure of administrative offense or crime the official authorized for consideration of claims without delay directs the available materials to bodies of prosecutor's office.

Terms of consideration of the claim

5.9. The claim which arrived FULL FACE Russia is subject to consideration by the official authorized in the procedure established by the legislation of the Russian Federation for consideration of such claims within 15 working days from the date of its registration, and in case of appeal of refusal of FAS Russia, his official in documents acceptance at the applicant or in correction of the made typographical errors and mistakes or in case of appeal of violation of fixed term of such corrections - within 5 working days from the date of its registration.

Bases for suspension of consideration of the claim

5.10. The bases for suspension of consideration of the claim are not provided by the legislation of the Russian Federation.

Result of consideration of the claim

5.11. By results of consideration of the claim of FAS Russia accepts one of the following decisions:

1) satisfies the claim, including in the form of cancellation of the made decision, correction of the typographical errors made by FAS Russia and error messages in given as a result of provision of the state service documents;

2) refuses grievance settlement.

Procedure for informing applicant on results of consideration of the claim

5.12. No later than the day following behind day of the decision making specified in Item 5.11 of these Regulations, to the applicant in writing and electronically (in the presence of the corresponding specifying in the claim) the motivated answer by results of consideration of the claim goes.

Procedure for appeal of the decision according to the claim

5.13. Decisions according to the claim to decisions and actions (failure to act) of FAS Russia, officials of FAS Russia can be appealed by the applicant submission of the claim to the Head of FAS Russia.

Applicant's right to receipt of information and documents necessary for reasons and consideration of the claim

5.14. The applicant has the right to receive, and officials of FAS Russia shall provide to the applicant information and documents necessary for reasons and consideration of the claim if other is not stipulated by the legislation the Russian Federation.

Methods of informing applicants on procedure for giving and consideration of the claim

5.15. The applicant is informed on procedure for giving and consideration of the claim according to Items 1.9 - 1.15 these Regulations.

Appendix

to Regulations

See Appendix (13Kb In original language)

 

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