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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.

Russian Prime Minister

D. Medvedev

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:

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

 


Types of activity

The subjects of natural monopolies <1> and subjects performing the regulated types of activity <2> having the size of necessary gross revenue for previous year over 10 billion rubles

The business entities having revenue for previous year over 10 billion rubles

Other business entities

1.

Trading activity selling food products by means of the organization of retail chain stores, except for subjects which revenue (their group of persons determined according to the antitrust law of the Russian Federation) from sales of goods for the last year does not exceed 400 million rubles, and also the business entities performing trading activity by means of the organization of retail chain stores, the consolidated revenues from which sales of goods within one retail chain stores for the last calendar year do not exceed 400 million rubles,

category of average risk

category of average risk

category of average risk

2.

Production and sale of medicines, medical products;

medical services;

communication services;

gas transportation, oils and oil products on pipelines;

rail haulings;

services in transport terminals, ports and the airports;

services of public telecommunication and public mail service;

production of electrical and heat energy;

services in transfer of electrical and heat energy;

water supply and water disposal with use of centralized systems, systems of utility infrastructure;

services in use of infrastructure of inland waterways;

construction, reconstruction, repair of objects of railway and road and transport infrastructure <3>

category of average risk

category of moderate risk

category of low risk

3.

Other types of activity which are not specified in line items 1 and 2

category of average risk

category of low risk

category of low risk

 

--------------------------------

<1> Included in the register of subjects of natural monopolies concerning which the state regulation and control according to the Federal Law "About Natural Monopolies" are performed.

<2> The organizations performing regulated types of activity, the prices (rates) for which are subject to state regulation in accordance with the legislation of the Russian Federation about state regulation of the prices (rates).

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