ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of June 26, 2012 No. 413

About approval of Administrative regulations of Federal Antimonopoly Service on execution of the state function on control of actions of subjects wholesale and the retail markets regarding establishment of cases of manipulation the prices of electrical energy on wholesale and the retail markets of electrical energy (capacity)

According to 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; 2011, 35, of the Art. 5092) I order to No.:

1. Approve the enclosed administrative regulations of Federal Antimonopoly Service on execution of the state function on control of actions of subjects wholesale and the retail markets regarding establishment of cases of manipulation by the prices of electrical energy on wholesale and the retail markets of electrical energy (capacity).

2. Declare invalid the order of FAS Russia of 05.12.2007 No. 415 "About approval of administrative regulations of Federal Antimonopoly Service on execution of the state function on control and supervision of actions of subjects of the wholesale market regarding establishment of cases of manipulation the prices of electrical energy (capacity) in the wholesale market of electrical energy (capacity)" (it is registered in Ministry of Justice of the Russian Federation 18.01.2008 No. 10911).

3. I reserve control of execution of this order.

Appendix

to the order of FAS Russia of June 26, 2012 No. 413

Administrative regulations of Federal Antimonopoly Service on execution of the state function on control of actions of subjects wholesale and the retail markets of electrical energy regarding establishment of cases of manipulation the prices of electrical energy on wholesale and the retail markets of electrical energy (capacity)

I. General provisions

Name of the state function

1.1. The state function on control of actions of subjects wholesale and the retail markets of electrical energy regarding establishment of cases of manipulation the prices of electrical energy on wholesale and the retail markets of electrical energy (capacity) (further - the state function).

The name of the federal executive body performing the state function

1.2. Execution of the state function is performed by Federal Antimonopoly Service (further - FAS Russia) and its territorial authorities (further - antimonopoly authority).

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

1.3. The antimonopoly authority performs the state function according to:

The Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (further - the Marine life protection act of the competition) (The Russian Federation Code, 2006, No. 31 (p. I), Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; 2008, No. 27, Art. 3126; 2008, No. 45, Art. 5141; 2009, No. 29, Art. 3601; 2009, No. 29, Art. 3610; 2009, No. 29, Art. 3618; 2009, No. 52 (p. I), Art. 6450; 2009, No. 52 (p. I), Art. 6455; 2010, No. 15, Art. 1736; 2010, No. 19, Art. 2291; 2010, No. 49, Art. 6409; 2011, No. 10, Art. 1281; 2011, No. 27, Art. 3873; 2011, No. 27, Art. 3880; 2011, No. 29, Art. 4291; 2011, No. 30, Art. 4590; 2011, No. 48, Art. 6728; 2011, No. 50, Art. 7343);

The Federal Law of 26.12.2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (Collection of the legislation of the Russian Federation, 2008, No. 52 (p. I), Art. 6249; 2009, No. 18, Art. 2140; 2009, No. 29, Art. 3601; 2009, No. 48, Art. 5711; 2009, No. 52, Art. 6441; 2010, No. 17, Art. 1988; 2010, No. 18, Art. 2142; 2010, No. 31, Art. 4160; 2010, No. 31, Art. 4193; 2010, No. 31, Art. 4196; 2010, No. 32, Art. 4298; 2011, No. 1, Art. 20; 2011, No. 7, Art. 905; 2011, No. 17, Art. 2310; 2011, No. 23, Art. 3263);

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; 2011, No. 27, Art. 3873; 2011, No. 27, Art. 3880; 2011, No. 29, Art. 4291; 2011, No. 30, Art. 4587);

The Federal Law of 26.03.2003 No. 35-FZ "About power industry" (further - the Law on power industry) (The Russian Federation Code, 2003, No. 13, Art. 1177; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 37; 2006, No. 52, Art. 5498; 2007, No. 45, Art. 5427; 2008, No. 29, Art. 3418; 2008, No. 52, Art. 6236; 2009, No. 48, Art. 5711; 2010, No. 11, Art. 1175; 2010, No. 31, Art. 4156; 2010, No. 31, Art. 4157; 2010, No. 31, Art. 4158; 2010, No. 31, Art. 4160; 2011, No. 1, Art. 13; 2011, No. 7, Art. 905; 2011, No. 11, Art. 1502; 2011, No. 23, Art. 3263; 2011, No. 30, Art. 4596);

The regulations on Federal Antimonopoly Service approved by the order of the Government of the Russian Federation of 30.06.2004 No. 331 (The Russian Federation Code, 2004, No. 31, Art. 3259; 2006, No. 45, Art. 4706; 2006, No. 49 (p. II), Art. 5223; 2007, No. 7, Art. 903; 2008, No. 13, Art. 1316; 2008, No. 44, Art. 5089; 2008, No. 46, Art. 5337; 2009, No. 3, Art. 378; 2009, No. 2, Art. 248; 2009, No. 39, Art. 4613; 2010, No. 9, Art. 960; 2010, No. 25, Art. 3181; 2010, No. 26, Art. 3350; 2011, No. 14, Art. 1935; 2011, No. 18, Art. 2645; 2011, No. 44, Art. 6269);

The regulations on territorial authority of Federal Antimonopoly Service approved by the order of FAS Russia of 26.01.2011 No. 30 (No. 20204) (The bulletin of regulations of federal executive bodies, No. 19, 2011 is registered in the Ministry of Justice of the Russian Federation 21.03.2011; No. 24, 2011; Russian newspaper, No. 168, 03.08.2011; No. 254, 11.11. 2011);

The rules of development and approval of administrative regulations of execution of the state functions and 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 (The Russian Federation Code, 2011, No. 22, Art. 3169; 2011, No. 35, Art. 5092);

The order of the Government of the Russian Federation of 27.12.2010 No. 1172 "About approval of Rules of the wholesale market of electrical energy and capacity and about introduction of amendments to some acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity" (The Russian Federation Code, 2011, No. 14, Art. 1916; 2011, No. 42, Art. 5919; 2012, No. 4, Art. 504; 2012, No. 4, Art. 505);

The order of the Government of the Russian Federation of 04.05.2012 No. 442 "About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy";

Rules of determination and application by the guaranteeing suppliers of the non-regulated prices of electrical energy (capacity) approved by the order of the Government of the Russian Federation of 29.12.2011 No. 1179 (The Russian Federation Code, 2012, No. 4, the Art. 505);

The procedure for establishment of cases of manipulation the prices of electrical energy (capacity) in the wholesale market of electrical energy (capacity) approved by the order of FAS Russia of 14.11.2007 No. 378.

Subject of the state control

1.4. Subject of the state control is observance of requirements of the legislation of the Russian Federation by subjects wholesale and the retail markets of electrical energy regarding establishment of cases of manipulation the prices of electrical energy on wholesale and the retail markets of electrical energy (capacity).

The rights and obligations of officials when implementing the state control

1.5. The rights of officials when implementing the state control:

- receive according to the motivated requirement at the scheduled time from commercial and non-profit organizations, their officials, federal executive bodies, their officials, public authorities of subjects of the Russian Federation, their officials, local government bodies, their officials performing functions of other specified bodies or the organizations, their officials, and also state non-budgetary funds, their officials, physical persons, including individual entrepreneurs with observance of requirements of the legislation of the Russian Federation on the state secret, bank secrecy, trade secret or about other secret protected by the law the documents, data, explanations in written or oral form connected with the circumstances stated in the application or materials.

1.6. Obligations of officials when implementing the state control:

- not disclose information, component the state, commercial, office, protected by the law other secret received by antimonopoly authority, except as specified, established by the legislation of the Russian Federation;

- perform the state function according to these Regulations.

The rights and obligations of persons concerning which actions for control are performed

1.7. The rights of persons concerning which actions for control are performed:

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

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

- send the claim to antimonopoly authority;

- appeal in accordance with the established procedure to court, Arbitration Court with claims, including with claims for recovery of the violated rights, indemnification, including lost profit, indemnification, caused to property.

1.8. Obligations of persons concerning which actions for control are performed:

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

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