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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 10, 2023 No. 956

About determination of cases in which the antimonopoly authority does not perform placement on the Internet of the data which are subject to placement according to article 32 of the Federal law "About Protection of the Competition", and on recognition voided Orders of the Government of the Russian Federation of May 28, 2019 N 680 and Item 512 of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the Order of the Government of the Russian Federation of December 31, 2020 No. 2467 are not applied

According to part 9.1 of article 32 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Determine that the antimonopoly authority has the right not to post on the official site on the data Internet about the petition for consent which arrived in antimonopoly authority on implementation of the transaction, other action, including data on results of its consideration, in the following cases:

a) if the provided materials contain information on persons to whom the measures of restrictive nature entered by foreign state, national association and (or) the union and (or) the public (interstate) institution of foreign state or national association and (or) union and (or) about the credit institution referred to category of authorized banks according to the Federal Law "About the State Defense Order" and (or) about persons participating in accomplishment of the state defense order on condition of simultaneous receipt in antimonopoly authority with such petition of the statement from the face submitting the petition or from specified persons which contains data on application concerning such persons of measures of restrictive nature, and (or) about their reference to category of authorized banks according to the Federal Law "About the State Defense Order" are applied, and (or) about persons participating in accomplishment of the state defense order with indication of details of the documents confirming such data;

b) if the provided materials contain information that implementation of the transaction, other action is provided or is going to provide acts of the President of the Russian Federation or acts of the Government of the Russian Federation with indication of details of the documents confirming such information;

c) if by antimonopoly authority it is determined that the declared transaction, other action are performed concerning economic societies by the foreign investor, group of persons which the foreign investor enters and (or) if the beneficiary, as the beneficial owner in the declared transaction, other action the foreign investor acts and (or) if the transaction, other action are subject to preliminary approval according to the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State", or article 6 of the Federal law "About Foreign Investments in the Russian Federation", or Rules of issue of permissions by Russian Government Commission on Foreign Investments for the purpose of realization of additional temporary measures of economic nature for ensuring financial stability of the Russian Federation and other permissions provided by the separate presidential decrees of the Russian Federation, and also realization of other powers for present purposes approved by the order of the Government of the Russian Federation of March 6, 2022 No. 295 "About approval of Rules of issue of permissions by Russian Government Commission on Foreign Investments for the purpose of realization of additional temporary measures of economic nature for ensuring financial stability of the Russian Federation and other permissions provided by separate presidential decrees of the Russian Federation and also realization of other powers for present purposes and modification of the Regulations on Russian Government Commission on Foreign Investments".

2. Recognize invalid:

the order of the Government of the Russian Federation of May 28, 2019 No. 680 "About determination of cases in which the antimonopoly authority does not perform placement on the Internet of the data which are subject to placement according to article 32 of the Federal law "About Protection of the Competition" (The Russian Federation Code, 2019, No. 23, the Art. 2938);

Item 512 of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, the decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the order of the Government of the Russian Federation of December 31, 2020 No. 2467 "About approval of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts are not applied separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" (The Russian Federation Code, 2021, No. 2, the Art. 471) are not applied.

Russian Prime Minister

M. Mishustin

 

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