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RESOLUTION OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of May 26, 2006 No. 7-20

About Recommendations about unification and harmonization of the legislation of state members of EurAsEC in the field of counteraction of monopolistic activities and development of the competition (on the basis of the comparative and legal analysis of national legal systems)

The inter-parliamentary Assembly decides:

1. Approve the Recommendations about harmonization of the legislation of state members of EurAsEC provided by the Permanent commission of MPA on economic policy in the field of counteraction of monopolistic activities and development of the competition (are applied), prepared on the basis of the comparative and legal analysis of national legal systems.

2. Submit Recommendations in parliaments, the Secretariat of Integration Committee of EurAsEC for use in work on harmonization of national legal systems and enhancement of the legal base of Community.

Chairman of Inter-parliamentary Assembly

B. V. Gryzlov

Appendix

to the Resolution MPA of EurAsEC of May 26, 2006 No. 7-20

Recommendations about unification and harmonization of the legislation of gosudarstvchlen of EurAsEC in the field of counteraction of monopolistic activities and development of the competition (on the basis of the comparative and legal analysis of national legal systems)

These Recommendations determine the main directions of harmonization (rapprochement, unification) national legal systems in the field of counteraction of monopolistic activities formulated on the basis of the comparative and legal analysis of legislations taking into account international experience and the conventional international standards.

Harmonization of legislations of state members of EurAsEC in the field of counteraction of monopolistic activities and development of the competition shall be performed on the basis of the principles of voluntariness and independence of determination of the directions and depth of participation of data of the states in processes of rapprochement and unification of legal regulation. At the same time system and integrated approach to work on harmonization of legislations of state members of EurAsEC for the purpose of scope of all array of the legislation governing the relations in the field is necessary.

In our opinion, work on rapprochement and standardization of national legal systems of state members of EurAsEC in the field of counteraction of monopolistic activities and development of the competition shall be performed on the basis of the following offers.

1. It is necessary to prepare the legislation Bases governing the relations in the field of counteraction of monopolistic activities and development of the competition, making use of the accumulated legislative experience of state members of EurAsEC, and also experience of law enforcement in this sphere of the public relations. At the same time is justified to use precepts of law of the corresponding special laws of state members of EurAsEC.

Proceeding from the carried-out comparative and legal analysis in Bases of the legislation it is reasonable:

- fix conceptual framework and use in it determination of such terms as "goods", "business entities", "dominant position", "affiliates" having taken provisions of the Law of the Russian Federation as basis. In case of determination of criteria of reference of business entity to category holding dominant position in the market, is justified to use approaches of both the Law of the Russian Federation, and the laws of the Republic of Kazakhstan and the Republic of Tajikistan regarding limiting establishment of percent of market share below which recognition of business entity holding dominant position in the market is impossible;

- provide opportunity for business entity whose share in the market of certain goods exceeds the established percentage standard rate, to prove that, despite exceeding of the designated higher than the size, its market position is not dominating (The law of the Russian Federation and the Law of the Republic of Tajikistan);

- using basic provisions of the Law of the Republic of Kazakhstan, to disaggregate cases in case of which approach the business entity having share, smaller the established limiting standard rate can be acknowledged holding dominant position;

- establish criteria, in case of compliance to which receipt of prior consent of antimonopoly authority or its notification during creation and reorganization of business entities is necessary;

- unify approaches on transactions with shares (shares) in authorized capitals of business entities for the purpose of prevention of origin or strengthening of dominant position of such subjects in the market;

- develop single approaches in case of determination of the list of the prohibited actions (bezdeystviye) of the business entities holding dominant position in the market for which according to the legislation of state members of EurAsEC there can come responsibility.

Along with it, shall find the reflection in the document:

- main forms of the competition;

- legal status and powers of antimonopoly authority, including regarding control, supervising powers, and also powers on imposing of penalties;

- main directions of the state anti-monopoly regulation;

- measures of the state control of activities of the subjects of managing including holding dominant position in the market;

- the list of actions (acts) of the state bodies, local authorities of management and self-government directed to competition restriction, making (acceptance) of which it is forbidden;

- general terms of application by antimonopoly authority of the measures directed to elimination of making of the illegal acts violating requirements of the antitrust law;

- other provisions following from the carried-out comparative and legal analysis.

Preparation of Bases of the legislation will allow to unify the approaches to regulation of the relations in the field of anti-monopoly regulation pledged in legal acts of state members of EurAsEC.

2. It is necessary to arrange and systematize approaches to fixing of measures of responsibility for violation of the antitrust law. Considering specifics of the administrative legislation of the gosudarstvchlen of EurAsEC often providing need of fixing of the relevant standards for the special codified acts which Codes about the administrative responsibility are it is necessary to process regulations about responsibility of special laws of gosudarstvchlen of EurAsEC. Such approach is justified for the purpose of systematization of the legislation of state members of EurAsEC.

In case of differentiation of the responsibility provided in special laws preserving civil responsibility is possible, and measures of the administrative responsibility should be fixed at the level of above-mentioned codes. In this regard state members of EurAsEC are offered to consider the possibility of entering of corresponding changes and amendments into the Codes of Administrative Offences.

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