ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 1, 2018 No. 213

About approval of criteria of reference of activities of the legal entities and individual entrepreneurs performing economic activity to categories of risk when implementing the state control of observance of the antitrust law of the Russian Federation

According to article 8.1 of the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" Government of the Russian Federation decides:

1. Approve the enclosed criteria of reference of activities of the legal entities and individual entrepreneurs performing economic activity to categories of risk when implementing the state control of observance of the antitrust law of the Russian Federation.

2. Establish the following frequency of conducting planned inspections of the legal entities and individual entrepreneurs performing economic activity depending on the category of risk appropriated to their activities if other is not established by the Federal Laws:

for category of average risk - not more often than once in 3 years;

for category of moderate risk - not more often than once in 5 years.

Concerning the legal entities and individual entrepreneurs performing the economic activity referred to category of low risk, scheduled inspections are not carried out.

3. The realization of the powers provided by this resolution is enabled within the number of employees of Federal Antimonopoly Service and budgetary appropriations provided to Service in the federal budget for the corresponding financial year and planning period on management and management in the field of the established functions established by the Government of the limiting Russian Federation.

Approved by the Order of the Government of the Russian Federation of March 1, 2018 No. 213

Criteria of reference of activities of the legal entities and individual entrepreneurs performing economic activity to categories of risk when implementing the state control of observance of the antitrust law of the Russian Federation

1. Reference of activities of the legal entities and individual entrepreneurs performing economic activity (further - business entities), to certain category of risk when implementing the state control of observance of the antitrust law of the Russian Federation is performed taking into account weight of potential negative effects of possible non-compliance with requirements of the antitrust law of the Russian Federation, assessment of probability of their non-compliance, and also scale of economic activity and the social and economic importance of industry (sphere) of economy in which economic activity, according to appendix is performed.

2. The activities of business entities which are subject to reference according to appendix to this document to categories of average and moderate risk are subject to reference to categories of moderate and low risk respectively in the presence of in total following conditions:

a) absence within 3 years on the date of decision making about assignment (change) of category of risk of the resolution on purpose of administrative punishment to the legal entity, his officials, the individual entrepreneur which took legal effect for making of administrative offense under Articles 14.31 - 14.33, 14.40, to 14.41, parts 2.1 - 2.3, 2.5 and 2.6 of Article 19.5 and article 19.8 of the Russian Federation Code of Administrative Offences;

b) functioning at business entity within at least one year on the date of decision making about assignment (change) of category of risk of system of the legal and organizational measures directed to observance by such business entity of requirements of the antitrust law of the Russian Federation provided by the internal act (acts) of business entity or other person from among persons entering one group of persons with business entity if such internal acts are applied to business entity.

Appendix

to criteria of reference of activities of the legal entities and individual entrepreneurs performing economic activity to categories of risk when implementing the state control of observance of the antitrust law of the Russian Federation

Categories
risk when implementing the state control of observance of the antitrust law of the Russian Federation

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