of October 5, 1993 No. 619
About some regulations regulating the mechanism of implementation of the Law of the Republic of Moldova "About restriction of monopolistic activities and development of the competition"
For the purpose of implementation of the Law of the Republic of Moldova "About restriction of monopolistic activities and development of the competition" the Government of the Republic of Moldova decides:
1. Approve Regulations on procedure for consideration of petitions for creation and transformation of associations, the companies, companies with considerable foreign investments, about share acquisition, shares and shares according to the current legislation (appendix N 1).
2. Approve Regulations on the State register of the managing subjects monopolists acting in the market of the Republic of Moldova (appendix N 2).
3. Approve Regulations on procedure for hearing of cases on antitrust violations (appendix N 3).
4. Recommend to State department according to the statistics in coordination with the Ministry of Economics of the Republic of Moldova to enter into the statistical reporting the additional indicators characterizing share of the managing subjects monopolists in the market of the republic necessary for maintaining the State register the managing subjects monopolists acting in the market of the Republic of Moldova.
5. To the Ministry of Economics, the Ministry of Finance together with State department according to the statistics till October 15, 1993 to create and enact the State register of the managing subjects monopolists acting in the market of the Republic of Moldova.
Prime Minister
Republic of Moldova Andrey Sangeli
Appendix №1
to the order of the Government of the Republic of Moldova of October 5, 1993 No. 619
1. This Provision determines the procedure of consideration by the Ministry of Economics - the body performing anti-monopoly regulation in the Republic of Moldova, petitions for creation, transformation of the union, association, concern, consortium, cross-industry, regional and other associations of the companies about share acquisition, shares and shares, the controlling stake in the authorized capital of subjects of entrepreneurship according to the Law of the Republic of Moldova "About restriction of monopolistic activities and development of the competition", and also about creation of the company with foreign investments according to the Law of the Republic of Moldova "About foreign investments".
2. The petition moves in the Ministry of Economics in writing with appendix of necessary documents which list is established by this Provision.
3. The petition which arrived in the Ministry of Economics is considered in time, not exceeding 30 days from the date of receipt of all necessary documents.
4. The arrived documents go the Minister or his deputy to the relevant divisions of the Ministry, with indication of completion date.
5. The division generalizes the corresponding materials (withdrawals of departments, the conclusions of specialists and experts) and prepares the corresponding conclusion which is signed by the Minister, and in case of its absence - replacement his face.
In the course of consideration of the petition the Ministry has the right to request the additional information, to involve including on contractual basis, third-party specialists and experts.
6. The petition it can be refused if:
the satisfaction of the petition can lead to antitrust violation;
it is determined that the data provided in the petition or documents attached to it are not true.
7. The arrived documents, the additional information and expert opinions join in the relevant information base.
8. The answer to the applicant goes in writing to 3-day time from the date of signing of the conclusion.
9. The conclusion of the Ministry of Economics can be appealed in competent degree of jurisdiction in the procedure established by the legislation.
The applicant has the right to address to competent degree of jurisdiction in case of non receipt of the answer by him in 45-day time from the date of registration in the Ministry of Economics of its petition and all necessary documents.
10. Registration of constituent documents, introduction of changes in them, share purchase in the authorized capital of subjects of entrepreneurship is performed in accordance with the established procedure in the presence of the consent of the Ministry of Economics.
11. The founders who made the decision on creation (transformation) of the union, association, concern, consortium, cross-industry, regional and other associations of the companies (further associations), shall receive the consent of the Ministry of Economics.
12. For receipt of consent to consolidation creation founders represent to the Ministry of Economics:
the petition for consent on consolidation creation (the appendix N 1 to this Provision);
charter of consolidation;
decision on creation of consolidation or foundation agreement;
data on core activities of each of the uniting subjects of entrepreneurship and their share in the market of the Republic of Moldova (the appendix N 4 to this Provision);
the consent of authorized body in case of entry into merging of the state or municipal company.
13. The petition and data on core activities of each of subjects of entrepreneurship are signed by the head and the chief accountant and certified by seals.
14. Creation of the company in which authorized capital the cash fund of foreign investments exceeds 250 thousand US dollars is performed with the permission of the Ministry of Economics.
15. For receipt of permission to creation of the company with foreign investments founders submit to the Ministry of Economics the documents necessary for registration of joint business according to Articles 11, 12 Laws "About Foreign Investments", and also data on core activities of subjects of entrepreneurship and their share in the market of the Republic of Moldova (the appendices N 2 and 4 to this Provision).
16. The subject of entrepreneurship which share in the market exceeds 35 percent can acquire shares, shares and shares in the authorized capital of other subject of the entrepreneurship working for the market of the same goods with the consent of the Ministry of Economics.
17. For receipt of consent participants of the transaction represent to the Ministry of Economics:
the petition for consent on the transaction (the appendix N 3 to this Provision);
charters of the companies, foundation agreements;
the draft of the transaction where the amount and the price of the acquired shares, amount of share or share in the authorized capital of subjects of entrepreneurship, their consent to sale of shares, shares and shares are without fail specified;
data on core activities of each of subjects of entrepreneurship and their share in the corresponding market (the appendix N 4 to this Provision).
18. The petition, the draft of the transaction and data on core activities of subjects of entrepreneurship are signed by heads and chief accountants and certified by seals of participants of the transaction.
19. Purchase by any legal entity or physical person of controlling stock, shares and shares in the authorized capital of the subject of the entrepreneurship holding monopoly position in the market is performed with the consent of the Ministry of Economics.
20. The controlling stock, shares and shares in the authorized capital in this case is understood as their such quantity which provides more than 50 percent of votes necessary for decision making on general meeting of founders, shareholders, unitholders.
21. For acquisition of the controlling stake it is necessary to provide to the Ministry of Economics:
the petition for consent on acquisition of the controlling stake (the appendix N 3 to this Provision);
the charter of consolidation - for legal entities;
data on core activities of enterprise monopolist and the subject of the entrepreneurship acquiring the controlling stake and their share in the market (the appendix N 4 to this Provision).
22. The petition and data on core activities of subjects of entrepreneurship are signed by the head and the chief accountant and certified by seal.
to Regulations on procedure for consideration of petitions for creation and transformation of associations of the companies, companies with considerable foreign investments, about share acquisition, shares and shares according to the current legislation
Министерству экономики
Республики Молдова
ХОДАТАЙСТВОПросим дать согласие на создание ________________________________
______________________________________________________________________
____________(полное наименование объединения)_________________________
Основные виды деятельности ______________________________________
______________________________________________________________________
Учредители (участники) :
__________________________________________________
__________________________________________________
__________________________________________________
Местонахождение заявителя, телефон: _____________________________
______________________________________________________________________
Прилагаемые документы:
__________________________________________________
__________________________________________________
__________________________________________________
Заявитель, должность лица,
представляющего заявителя __________________
(подпись, печать)
to Regulations on procedure for consideration of petitions for creation and transformation of associations of the companies, companies with considerable foreign investments, about share acquisition, shares and shares according to the current legislation
Министерству экономики
Республики Молдова
ХОДАТАЙСТВОПросим дать согласие на создание ________________________________
________________________________________ (полное наименование субъекта
предпринимательства)
Учредители (участники) :
__________________________________________________
__________________________________________________
__________________________________________________
Уставный капитал: _____________ тыс. руб.
Объем иностранных инвестиций:
_____________ тыс. единиц валюты инвестирования
_____________ тыс. руб. (по официальному курсу на
момент создания предприятия)
Доля иностранных инвесторов
в уставном капитале, % _____________
Местонахождение заявителя, телефон:______________________________
______________________________________________________________________
Прилагаемые документы:
__________________________________________________
__________________________________________________
__________________________________________________
Заявитель, должность лица,
представляющего заявителя ________________
(подпись, печать)
to Regulations on procedure for consideration of petitions for creation and transformation of associations of the companies, companies with considerable foreign investments, about share acquisition, shares and shares according to the current legislation
Министерству экономики
Республики Молдова
ХОДАТАЙСТВО_____________________ (полное наименование покупателя) _______________
просит дать согласие на приобретение (наименование приобретаемого
объекта: акции, паи, доли, контрольный пакет) _______________________
в сумме __________ тыс. рублей в уставном капитале ___________________
(полное наименование продавца) _____________________________, который
составляет _________________________ тыс. рублей.
Согласен __________ (подпись, печать продавца)
Краткие сведения об участниках сделки:
ПОКУПАТЕЛЬ ПРОДАВЕЦ
______________________________ ______________________________
(краткое наименование субъекта (краткое наименование субъекта
предпринимательства) предпринимательства)
Основные виды деятельности и их Основные виды деятельности и их
удельный вес на рынке Республики удельный вес на рынке Республики
Молдова Молдова
(расчет прилагается) (расчет прилагается)
________________________________ ________________________________
________________________________ ________________________________
________________________________ ________________________________
Адрес, телефон:
заявителя продавца
________________________________ ______________________________
________________________________ ______________________________
________________________________ ______________________________
Заявитель, должность лица, пред- Продавец, должность лица, пред-
ставляющего заявителя ставляющего продавца
______________ (подпись, печать) ______________ (подпись, печать)
Согласовано
Государственный департамент по
статистике
____________________ 199_____г.
(печать)_______________________
(подпись)
СВЕДЕНИЯ
об основных видах деятельности субъектов
предпринимательства и их доле на рынке
Республики Молдова по состоянию
на __________________ 199 __г.
Appendix № 2
to the order of the Government of the Republic of Moldova No. 619 of October 5, 1993
This Provision is developed according to the Law of the Republic of Moldova "About restriction of monopolistic activities and development of the competition" and determines the general principles of forming of the State register of the managing subjects monopolists acting in the market of the Republic of Moldova (further - the Register).
In this Provision the following concepts and determinations are used:
"goods" - the activities product (including works, services, and also securities) intended for realization, exchange;
"market" - the sphere of the goods circulation, services, securities and investments regulated by economic laws within certain borders;
"business entities" - legal entities and physical persons, irrespective of nature of activities, patterns of ownership, type of the company, engaged in economic and commercial (entrepreneurial) activities;
"dominant position" - the exclusive provision of business entity in the market giving opportunity to exert unilateral decisive impact in this market, to complicate access to the market to other business entities, to limit freedom of their economic activity. Cannot be acknowledged dominating provision of business entity which share in the market does not exceed 35 percent;
"competition" - competitiveness of business entities when their independent actions effectively limit possibilities of each of them to influence general terms of the goods circulation in this market and stimulate production of those goods which are required to the consumer;
"monopolistic activities" - the actions (failure to act) contradicting the Law of the Republic of Moldova "About restriction of monopolistic activities and development of the competition" from bodies of authority and management, the business entities holding monopoly position in the market, directed to non-admission, restriction or elimination of the competition, and also infringing consumer interests.
The register is created for the purpose of implementation of measures for anti-monopoly regulation and control of activities of the managing subjects monopolists in the market; taking measures of state regulation of process of pricing; non-admissions of artificial overestimate of prices for products and service; unreasonable production reduction, narrowing of assortment, decrease in the quality level of goods and services according to the appendix N 1 to this Provision.
The Register joins the business entities holding dominant position in the market of the Republic of Moldova provided that their share in the market exceeds 36 percent and their actions (failure to act) can lead to antitrust violation.
Measures of state regulation according to the Law of the Republic of Moldova "About restriction of monopolistic activities and development of the competition", others legislative and the regulations regulating their activities are applied to the business entities included in the Register.
The register is created based on decisions of the Ministry of Economics proceeding from the statistical data represented by State department of the Republic of Moldova according to the statistics.
Decisions of the Ministry of Economics on inclusion and exception of the Register are approved with the Ministry of Finance to which the managing subjects monopolists shall declare the changes in price for goods and services.
The procedure for price regulation (rates) for products of the managing subjects monopolists is developed and affirms the Ministry of Finance in coordination with the interested ministries and departments.
For the purpose of determination of the managing subjects monopolists, the analysis and control of their activities by State department according to the statistics on representation of the Ministry of Economics for these business entities irrespective of forms of their property the statistical reporting which reflects core activities of subjects of entrepreneurship is entered. The list of the corresponding main economic indicators is submitted the Ministry of Economics.
In case of determination of the managing subject monopolist in the market of the Republic of Moldova the following indicators are assumed as a basis: production volume of main types of products, delivery of products (goods, services) on the market of the Republic of Moldova, export of products from the republic, import of similar products to the republic.
Example of determination of enterprise monopolist in the market of the Republic of Moldova
The company issues 185 thousand TVs a year. On the market of the Republic of Moldova 40 thousand pieces are delivered, 145 thousand pieces are taken out to other countries.
To the Republic of Moldova it is delivered on import of 30 thousand TVs. It is made and delivered on the market of the republic by other business entities of 25 thousand TVs.
The size of the market of TVs of the Republic of Moldova in this case constitutes: 40+30+25=95 thousand TVs. Therefore, the share of business entity in the market of the Republic of Moldova constitutes:
40:95x100=42,1%
Thus, calculation demonstrates that this company is monopolist in the market of TVs of the Republic of Moldova as its share constitutes % 42,1.
The Ministry of Economics considers question of inclusion of business entity in the Register based on data of State department according to the statistics, petitions of bodies of authority and management, local government bodies, societies and the unions on protection of consumer interests, and also addresses of certain subjects of entrepreneurship concerning violations of the existing antitrust law by certain business entities.
On the relevant division of the Ministry of Economics provided to materials the draft decision about inclusion of business entity in the Register, in necessary cases - with attraction for pronouncement of the qualified conclusion of scientists, experts, employees of local government bodies, representatives of entrepreneurial circles is prepared.
The decision on inclusion of business entity in the Register is signed by the Minister of Economic Affairs (the appendix N 2 to this Provision).
The business entity included in the Register is notified on it in week time.
Within year the Ministry of Economics enters changes in register, specifying the list of the managing subjects monopolists holding dominant position in the market of the republic. The changes entered in the Register are performed by the relevant decision of the Ministry of Economics.
The Ministry of Economics within a week informs the Ministry of Finance, State department according to the statistics, local government bodies, the appropriate business entities about the happened changes in the Register and the message publishes in the press.
The basis for consideration of question of exception of the managing subject monopolist of the Register is the reasoned statement of his head submitted in the approved form (the appendix N 3 to this Provision).
The question of exception of the managing subject monopolist can be considered also at the initiative of the Ministry of Economics, bodies of authority and management, the entrepreneurial unions.
On the relevant division of the Ministry of Economics provided to materials the draft decision about exceptions of the managing subject monopolist of the Register is developed.
By consideration of question of exception of business entity of the Register scientists, experts, employees of local government bodies, representatives of entrepreneurial circles can be attracted.
The managing subject monopolist is excluded from the Register in cases if the market position changed, its share in the corresponding market does not exceed 35%, it does not hold dominant position on it and did not allow antitrust violations.
The decision on exception of the managing subject monopolist of the Register is signed by the Minister of Economic Affairs and within a week is brought to the attention of the appropriate business entity.
The decision of the Ministry of Economics on inclusion (exception) of business entity in the Register can be appealed in competent degree of jurisdiction of the power and management or business entities in the time established by the legislation.
Filing of application does not stop execution of the decision on inclusion (exception) of business entity in the Register if competent degree of jurisdiction suspended execution of the specified decision.
to Regulations on the State register of the managing subjects monopolists acting in the market of the Republic of Moldova
Министерство экономики Республики МолдоваРЕШЕНИЕ
____________ ____________
(дата) (номер)
О включении хозяйствующих субъектов в Государственный
реестр хозяйствующих субъектов-монополистов, действующих
на рынке Республики Молдова
На основании статей 3 и 9 Закона Республики Молдова "Об
ограничении монополистической деятельности и развитии конкуренции"
включить к Государственный реестр хозяйствующих
субъектов-монополистов, действующих на рынке Республики Молдова,
следующих хозяйствующих субъектов:
1.
2.
3.
Министр
to Regulations on the State register of the managing subjects monopolists acting in the market of the Republic of Moldova
Министерство экономики Республики МолдоваЗАЯВЛЕНИЕ
Прошу исключить из Государственного реестра хозяйствующих
субъектов-монополистов, действующих на рынке Республики Молдова,
______________________________________________________________________
_____________ (наименование хозяйствующего субъекта) _________________
занесенное под номером ___________
Основание:
+---------------------------------------------------------------+
¦ ¦ ¦ Объем продаж, услуг ¦ ¦
¦ ¦ +---------------------------------¦ ¦
¦ ¦ ¦ ¦ в том числе ¦ ¦
¦Номенклатура¦ ¦ +---------------------------¦Объем рынка¦
¦выпускаемой ¦Ед. ¦ ¦на рынок ¦на внешний ¦Республики ¦
¦продукции ¦изм.¦Всего¦Республики ¦рынок (вклю- ¦Молдова ¦
¦ ¦ ¦ ¦Молдова ¦чая страны ¦ ¦
¦ ¦ ¦ ¦ ¦ СНГ) ¦ ¦
+---------------------------------------------------------------+
+-----------+
¦Доля хозяй-¦
¦ствующего ¦
¦субъекта на¦
¦рынке ¦
¦Республики ¦
¦Молдова, % ¦
¦ ¦
¦ ¦
+-----------+
Руководитель хозяйствующего
субъекта
(Ф.И.О., телефон, телетайп,
телефакс ________________________
(подпись, печать)
СОГЛАСОВАНО:
Государственный департамент
Республики Молдова по статистике
_____(Ф. И. О., подпись, печать) _________
_______________(дата)_____________________
Appendix №. 3
to the order of the Government of the Republic of Moldova of October 5, 1993 No. 619
This Provision is developed according to the Law of the Republic of Moldova "About restriction of monopolistic activities and development of the competition" and regulates procedure and terms of hearing of cases on the facts of antitrust violation and adoption of relevant decisions.
The Ministry of Economics considers cases on antitrust violations and makes on them decisions within the competence.
Identification and suppression of actions of subjects of entrepreneurship, the state governing bodies limiting the competition and infringing interests of other subjects of entrepreneurship or citizens is within the competence of the Ministry of Economics including:
withdrawal of goods from the address for the purpose of creation or maintenance of deficit in the market or price increase;
imposing to the partner of the terms of the contract infringing its interests or requirements, unprofitable for it, which are not relating to the agreement;
inclusion in the agreement of the discrimination conditions putting the partner in unequal position in comparison with other subjects of entrepreneurship;
compulsion of the partner to the conclusion of the agreement in which the partner is not interested;
creation of obstacles to access to the market of other subjects of entrepreneurship;
market sharing by the territorial principle, on sales volume or purchases, on the range of implementable goods or around sellers or buyers;
elimination from the market or restriction of access to the market of other subjects of entrepreneurship as sellers of certain goods or their buyers;
preventing to implementation of activities of subjects of entrepreneurship in any sphere, except as specified, stipulated by the legislation;
restriction of the rights to sale (acquisition, purchase, exchange) of goods;
prescribing to subjects of entrepreneurship of first-priority deliveries of goods to certain circle of buyers or the priority conclusion of agreements (except as specified, provided by the current legislation);
preventing to creation of new subjects of entrepreneurship in any field of activity, except as specified, when the state body is effective within the legislation;
provision to certain subjects of entrepreneurship of the tax or other benefits which are not provided by the law putting them in position of priority in relation to other subjects of entrepreneurship working for the market of the same goods;
increase, decrease, maintenance of the prices and rates, except the cases provided by the current legislation;
distribution of the false or distorted data capable to cause damage to property or goodwill of other subject of entrepreneurship;
maintaining buyers in delusion (method and the place of production, consumer properties and goods quality);
unfair comparison in the advertizing purposes the subject of entrepreneurship of the goods made or realized by it with goods of other subjects of entrepreneurship;
unauthorized use of the trademark, firm or marking of goods, and also copying of packaging, external design of goods of other subject of entrepreneurship;
use or disclosure of the scientific and technical, production and commercial information, including trade secret, without the consent of its owner.
Cases are considered based on statements of subjects of entrepreneurship irrespective of patterns of ownership, state governing bodies, consumer societies and associations, materials of prosecutor's office, competent degree of jurisdiction, and also at the initiative of the Ministry of Economics.
To the appeal to the Ministry of Economics with the statement for consideration of the case subjects of entrepreneurship, societies and consumers unions are recommended to take provisional measures to its settlement (presentation of the claim, the offer on change of terms of the contract, etc.).
The application can be withdrawn before adoption by the Ministry of Economics of the decision on consideration of the application in essence in case of voluntary elimination of effects of violation, the antitrust law or compensation of damage from monopolistic or unlawful activity, and also in case of recovery of initial condition or termination of the signed agreement.
The application is submitted to the Ministry of Economics in writing and signed by the head.
In it violation is specified and its responsible protected by the law what rights and interests were infringed, with statement of being of requirements of the applicant, and also the list of the enclosed documents.
In case of the direction the Ministry of Economics to the applicant is recommended to direct applications to the party, being the participant of this case, the copy of the application and the documents attached to it.
The party which received the copy of the application is recommended to direct to the Ministry of Economics response to the statement and documents necessary for consideration of the case.
The issue of adoption of the statement to consideration is resolved by the Minister of Economic Affairs or his deputy supervising hearing of cases about antitrust violation.
The application is not considered and the applicant is notified on it if:
the application is not signed or is signed by person which has no right to sign it or the position of which is not specified;
the name of the applicant and participants of case, their postal addresses are not specified in the statement;
consideration of the facts specified in the statement is not included into competence of the Ministry of Economics;
the applicant did not provide concrete facts of antitrust violation or the facts provided to them are obviously not true.
The applicant can address for the second time to the Ministry of Economics after elimination of the specified shortcomings.
The applicant has the right to appeal in competent degree of jurisdiction in the procedure established by the law refusal of the Ministry of Economics in consideration of the application.
The deputy minister supervising hearing of cases about antitrust violation after receipt of the statement notifies the applicant and other participants on adoption of the statement to consideration, on time and the place of meeting, necessary actions for preparation of case for consideration.
The notification goes also to other business entities, the ministries, State departments, in cases when documents, data and the conclusions are requested them or when presence at meeting of officials of these organizations is necessary.
Consideration of the case is made by persons from number of persons employed of the Ministry of Economics to whom the relevant order on the Ministry assigns these functions.
Cases are considered no more than one month from the date of receipt of the statement in time.
When considering the case the protocol is taken.
Agents of the parties are heads or deputy managers of subjects of entrepreneurship, relevant organs of the government and management. Powers of specified persons are confirmed by the documents certifying their official position.
Other persons whose powers are confirmed by the drawn-up power of attorney of appropriate subjects of entrepreneurship, state governing bodies can also be agents of the parties.
Proofs on case in point about antitrust violation are any actual data on the basis of which the Ministry of Economics establishes availability or lack of the circumstances proving requirements or objections of the parties, and also other facts important for the correct consideration of the case.
Proofs can be both written, and material, including video, audio-and other materials, explanations of agents of the parties and other persons, and also the expert opinion and competent authorities.
Written proofs are the acts, letters, explanations, data, the conclusions, other documents and written materials containing data on the circumstances important for the correct consideration of the case.
Written proofs are produced in the original or in the verified copy. If for consideration of the case only part of the document matters, the corresponding statement from it is submitted.
Physical evidences are objects which can serve as means of establishment of the circumstances important for the correct consideration of the case.
Only those proofs which matter for case are taken cognizance.
For explanation of the questions arising when considering the case requiring special knowledge, the Ministry of Economics appoints examination (technical, merchandising, accounting, etc.).
The Ministry of Economics determines circle of questions on which the expert opinion is required.
Conducting examination is entrusted to the competent specialists having the right to get acquainted with case papers and to request additional materials from participants of consideration of the case. In case of need expertize is carried out with participation of agents of the parties.
The expert opinion shall contain the detailed description of the conducted researches, the conclusions and reasonable answers to the questions raised by the Ministry of Economics drawn by their results. The conclusion is submitted to the Ministry in writing, and copies are issued to the parties.
In cases of insufficient clarity or incompleteness of the expert opinion the Ministry of Economics can appoint additional examination.
Expenses on consideration of the case about antitrust violation of the Republic of Moldova consist of the amounts which are subject to payment for conducting examination, making the conclusions and other expenses connected with consideration of the case.
To the experts invited by the Ministry of Economics material losses, expenses on journey and hiring of premises, and also daily allowance for the workers sent to business trips are compensated.
In case of substantive prosecution the decision (the appendix N 1 to this Provision) is made. The decision is stated in writing and signed by the Minister of Economic Affairs or his deputy. In the decision results of substantive prosecution (satisfaction of requirements, complete or partial refusal in their satisfaction), with reduction of motives are specified, and actions which persons participating in case shall make are determined or from making of which they shall refrain.
To person on whom the decision is made the instruction signed by the Minister of Economic Affairs (the appendix N 2 to this Provision) goes to 5-day time.
In the instruction it is specified:
file number on which the instruction, decision date, date of issue of the instruction and term of its action is issued;
substantive provisions of the decision.
If in the decision delay or payment by installments of its execution is established, in the instruction it is specified with what time the term of its action begins.
Person to whom the instruction is this shall perform it in the time established in it and notify on it the Ministry of Economics.
The Minister of Economic Affairs or his deputy can make the decision on prolongation of completion date according to the motivated petition of person who received the instruction.
Control of execution of the instruction is exercised by the Ministry of Economics.
In case of non-execution of the instruction of the Ministry of Economics by person to which it is sent and also if it became known of provision of obviously false (false) information which influenced decision making the Ministry of Economics has the right to make the decision on imposing of penalty on subjects of entrepreneurship, guilty of this violation, state bodies, and also on officials of these organizations.
The decision on imposing of penalties is signed by the Minister of Economic Affairs.
In case of non-execution of the instruction about termination or change of the agreement (agreement) or on cancellation or change of the illegal act of the state or other body the Ministry of Economics addresses to competent degree of jurisdiction with the claim for change or agreement cancelation (agreement), for recognition its invalid or with the application for cancellation fully or partially of the illegal act of authority or governing body.
The size of penalties and procedure for their payment by subjects of entrepreneurship, state bodies and their officials are regulated by the Law of the Republic of Moldova "About restriction of monopolistic activities and development of the competition" and other legal acts of the Republic of Moldova.
If in the course of hearing of cases about antitrust violation in actions of officials essential elements of offense were revealed, the Ministry of Economics directs materials to prosecutor's office.
Subjects of the entrepreneurship, state governing bodies, their officials having the right after receipt of the decision or the instruction of the Ministry of Economics to file in competent degree of jurisdiction petition for recognition invalid fully or partially instructions of the Ministry of Economics or about cancellation or change of decisions on imposing of penalty.
Filing of application does not stop execution of the instruction or the decision on imposing of penalty for the period of its consideration in court or arbitration if the last do not take out determination about suspension.
to Regulations on procedure for hearing of cases on antitrust violations
Министерство экономики Республики МолдоваРЕШЕНИЕ
о наложении штрафа на предприятие (должностное лицо),
допустившее нарушение Закона Республики Молдова "Об ограничении
монополистической деятельности и развитии конкуренции"
_____________________________________
_____________________________________
(полное наименование субъекта
предпринимательства, органа,
организации, адрес) ________________
____________________________________
____________________________________
(ф. и. о. и должность лица)
to Regulations on procedure for hearing of cases on antitrust violations
Министерство экономики Республики МолдоваПРЕДПИСАНИЕ N_______
___________________ 199 __ г.
______________________________________
______________________________________
(полное наименование хозяйствующего
субъекта, органа, организации, адрес)
______________________________________
______________________________________
(ф. и. о. и должность лица, которому
выдается предписание)
В связи с допущенными Вами нарушениями Закона Республики Молдова
Министерство экономики Республики Молдова обязывает в срок до
__________________ 199__ г.
1. ______________________________________________________________
______________________________________________________________
2. ______________________________________________________________
______________________________________________________________
3. ______________________________________________________________
______________________________________________________________
О выполнении требований предписания информировать Министерство
экономики Республики Молдова до _______________ 199 __ г.
Министр
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The document ceased to be valid since December 27, 2013 according to the Order of the Government of the Republic of Moldova of December 23, 2013 No. 1049