ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of September 20, 2007 No. 293

About approval of Administrative regulations of Federal Antimonopoly Service on execution of the state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation

Based on Item 7 of the Procedure for development and approval of administrative regulations of execution of the state functions and administrative regulations of the provision of the state services approved by the order of the Government of the Russian Federation of November 11, 2005 N679 "About Procedure for 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, 2005, N 47, the Art. 4933), and according to Item 5.3.3.1 of the Regulations on Federal Antimonopoly Service approved by the order of the Government of the Russian Federation of June 30, 2004 N331 (The Russian Federation Code, 2004, N 31, Art. 3259; 2006, N 45, Art. 4706, N49 (2 h), Art. 5223; 2007, N 7, 903) I order to the Art.:

1. Approve the enclosed administrative regulations by Federal Antimonopoly Service on execution of the state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation.

2. Direct this order to state registration in the Ministry of Justice of the Russian Federation.

3. I reserve control of execution of this order.

 

Appendix

to the order of Federal Antimonopoly Service of September 20, 2007 No. 293

Administrative regulations of Federal Antimonopoly Service on execution of the state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation

I. General provisions

1.1. Administrative regulations of Federal Antimonopoly Service on execution of the state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation (further Regulations) N679 "About Procedure for Development and Approval of Administrative Regulations of Execution of the State Functions and Administrative Regulations of Provision of the State Services" is developed based on the order of the Government of the Russian Federation of 11.11.2005.

1.2. The regulations determine terms and the sequence of actions (ministerial procedures) of Federal Antimonopoly Service (further - FAS Russia), territorial authorities of FAS Russia (daleeterritorialny bodies), their structural divisions, order of interaction between structural divisions of FAS Russia and territorial authorities, and also order of interaction of FAS Russia and territorial authorities with citizens and the organizations when implementing approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation.

1.3. The FAS Russia and its territorial authorities (daleeantimonopolny body) perform the state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation (further - the state function).

Execution of the state function is performed according to:

The Federal Law of 26.07.2006 N135-FZ "About Protection of the Competition" (further - the Marine life protection act of the competition) (The Russian Federation Code, 2006, N31 (h 1), the Art. 3434);

The regulations on Federal Antimonopoly Service approved by the order of the Government of the Russian Federation of 30.06.04 of N331 (The Russian Federation Code, 2004, N 31, Art. 3259; 2006, N 45, Art. 4706, N49 (2 h), Art. 5223; 2007, N 7, Art. 903);

order of the Government of the Russian Federation of 30.05.2007 N334 "About Establishment of Sizes of Assets of the Financial Organizations (Except for Credit Institutions) and Cumulative Share of the Financial Organizations (Except for Credit Institutions) in the Goods Market for the purpose of Implementation of Anti-monopoly Control" (Russian Federation Code, 2007, N 23, Art. 2799);

order of the Government of the Russian Federation of 30.05.2007 N335 "About Establishment of Sizes of Assets of Credit Institutions and Cumulative Share of Credit Institutions in the Goods Market for the purpose of Implementation of Anti-monopoly Control" (Russian Federation Code, 2007, N 23, Art. 2800);

order of the Government of the Russian Federation of 9.06.2007 N359 "About Approval of Conditions of Recognition Dominating Provisions of the Financial Organization (Except for Credit Institution) and Rules of Establishment of Dominant Position of the Financial Organization (Except for Credit Institution)" (Russian Federation Code, 2007, N 24, Art. 2926);

order of the Government of the Russian Federation of 26.06.2007 N409 "About Approval of Conditions of Recognition Dominating Provisions of Credit Institution and Rules of Establishment of Dominant Position Except for of Credit Institution" (Russian Federation Code, 2007, N 27, Art. 3296);

The regulations on territorial authority of Federal Antimonopoly Service approved by the order of FAS Russia of 15.12.2006 of N324 (N 8842) (The bulletin of regulations of federal executive bodies, N 11, 12.03 is registered in the Ministry of Justice of the Russian Federation 24.01.2007. 2007);

the order of FAS Russia of 25.04.2006 N108 "About Approval of the Procedure for Carrying Out the Analysis and Assessment of Condition of Competitive Environment in the Goods Market" (N 8121) (The bulletin of regulations of federal executive bodies, N 32, 07.08 is registered in the Ministry of Justice of the Russian Federation 27.07.2006. 2006);

the order of FAS Russia of 20.11.2006 N293 "About Approval of Form of Submission of the List of Persons Entering One Group of Persons" (N 8552) (The bulletin of regulations of federal executive bodies, N 51, 18.12 is registered in the Ministry of Justice of the Russian Federation 4.12.2006. 2006);

administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity when considering the case about antitrust violation and when implementing the state control of economic concentration, the approved order of FAS Russia of 17.01.2007 N5 (N 9541) (The bulletin of regulations of federal executive bodies, N 29, 16.07 is registered in the Ministry of Justice of the Russian Federation 23.05.2007. 2007).

II. Requirements to procedure for execution of the state function by antimonopoly authority

 

Procedure for informing on execution of the state function by antimonopoly authority

2.1. The description of the sequence of administrative actions for execution of the state function is given in Appendix N3 to Regulations.

2.2. Data on the location, phones for reference, the address of the Website of antimonopoly authority contain in the Appendix N1 to Regulations, and also on the official Website of FAS Russia (www.fas.gov.ru).

2.3. Data on graphics of acceptance of petitions (notifications) with the enclosed documents antimonopoly authority contain in the Appendix N2 to Regulations.

2.4. Information on the procedure of execution of the state function by antimonopoly authority is placed:

on the official Website of FAS Russia;

in mass media;

at information stands of antimonopoly authority and in distributing information materials (brochures, booklets, etc.).

2.5. At the information stand placed in the room (public reception, in case of entrance) antimonopoly authority, the following information shall contain:

the postal address of antimonopoly authority, the schedule (mode) of its work, phone numbers on which it is possible to obtain necessary information, the address of the official Website and e-mail of antimonopoly authority;

the list of the documents and data represented by business entities to antimonopoly authority necessary for antimonopoly authority for execution of the state function;

procedure for receipt of consultations according to the procedure of execution of the state function.

 

Procedure for receipt of consultations (certificates) of execution of the state function by antimonopoly authority

2.6. Consultations according to the procedure of execution of the state function are provided:

according to written addresses;

by phone;

by e-mail.

2.7. Written addresses are considered by antimonopoly authority in time, not exceeding 30 days from the moment of receipt of the address.

In exceptional cases, and also in case of need request of the additional information at state body, local government body or the official the antimonopoly authority can extend the term of consideration of the address, but no more than for 30 days about what notifies person who addressed to antimonopoly authority. It is necessary to request the additional information within 15 days from the moment of receipt of the address.

2.8. In case of consultation by phone employees of antimonopoly authority provide information on the following questions:

- about the entering numbers at which are registered in system of clerical work of the statement (the petition, the notification) and the materials which are applied to them;

- data on regulatory legal acts based on which antimonopoly authority perform the state function;

- requirements to assurance of documents and data;

- about need of submission of additional documents and data;

- about the location on the official Website of FAS Russia of reference materials concerning execution of the state function.

Consultation on other questions is performed only based on the written address.

2.9. In case of consultation on e-mail (in case of its availability) on questions which list is stipulated in Item 2.8 Regulations the answer goes to the e-mail address of person who addressed for consultation, in time, not exceeding 7 working days from the moment of receipt of the address.

2.10. Information on the procedure of execution of the state function is provided on a grant basis.

 

Result of execution of the state function by antimonopoly authority

Execution of the state function is result the decisions made by antimonopoly authority according to Items 3. 37, 3.42 Regulations.

III. Ministerial procedures

 

Persons representing petitions (notifications) to antimonopoly authority

3.1. In case of receipt of prior consent of antimonopoly authority under approval of creation or reorganization of the commercial organizations the petition is submitted to one of persons intending to make such actions, is signed by this person, and also the other persons participating in creation or reorganization.

3.2. For the purpose of the notification of antimonopoly authority on creation and reorganization of the commercial organizations of the notification are represented by persons who made such actions.

3.3. Persons specified in Items 3.1 and 3.2 of Regulations are applicants.

 

Rules of submission of the petition (notification) to antimonopoly authority

3.4. The petition (notification) together with documents and data (The appendix N4 to Regulations) are represented to the relevant antimonopoly authority according to the rules established in Items 3.5 3.11 of Regulations.

3.5. During creation of the commercial organizations of the petition are represented:

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