of October 12, 2007 No. 669
About Rules of consideration in pre-judicial procedure for the disputes connected with establishment and (or) use of regulated prices (rates)
The government of the Russian Federation decides:
Approve the enclosed Rules of consideration in pre-judicial procedure for the disputes connected with establishment and (or) use of regulated prices (rates).
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of October 12, 2007 No. 669
1. These rules are developed according to the Federal Laws "About Natural Monopolies" and "About Water Supply and Water Disposal" and determine procedure and terms of consideration in pre-judicial procedure for the disputes connected with establishment and (or) use of regulated prices (rates) in fields of activity of subjects of natural monopolies and also in the field of water supply and water disposal if other is not established by the Federal Laws (further - disputes).
2. The basis for consideration of dispute is the application submitted to Federal Antimonopoly Service within 3 months from the date of when person submitting the application learned or owed learn about violation of the rights.
3. The following persons have the right to file petition for consideration of dispute (further - applicants):
in fields of activity of subjects of natural monopolies - the subjects of natural monopolies, their consumers performing business and other economic activity, or executive bodies of subjects of the Russian Federation in the field of state regulation of rates;
in the field of water supply and water disposal - the organizations performing hot water supply, cold water supply and (or) water disposal, subscribers, executive bodies of subjects of the Russian Federation in the field of state regulation of rates or the local government bodies of settlements or city districts performing the powers transferred to them according to the law of the subject of the Russian Federation in the field of regulation of rates in the field of water supply and water disposal.
3(1). Subject of consideration of dispute are the requirements of applicants connected with establishment and (or) use of regulated prices (rates) in fields of activity of subjects of the natural monopolies specified in article 4 of the Federal law "About Natural Monopolies", and also the prices (rates) in the field of the water supply and water disposal regulated according to the Federal Law "About Water Supply and Water Disposal" (further - subject of consideration of dispute).
4. Are specified in the statement:
the name of federal executive body in the field of state regulation of the prices (rates) to which the application is submitted;
the name of the applicant, its location (for the legal entity) or the residence (for physical person);
the name of person concerning which the application (daleerespondent), its location (for the legal entity) or the residence is submitted (for physical person);
requirements of the applicant to the respondent with reference to the Federal Laws and other regulatory legal acts of the Russian Federation, and in the presence in the statement of requirements to several respondents - requirements to each of them;
circumstances on which the requirements specified in the statement are based.
5. For the purposes of consideration of dispute the documents certified by the applicant containing proofs confirmatory, according to the applicant, circumstances on which it bases the requirements are enclosed to the application.
The applicant has the right to provide on own initiative the copies certified by him:
the payment document confirming payment of the stipulated by the legislation Russian Federation about taxes and fees of the state fee for acceptance in pre-judicial procedure for the decision on disputes;
certificates on state registration of the legal entity (if the applicant - the legal entity) or certificates on state registration of person as the individual entrepreneur (if the applicant - the individual entrepreneur).
If the applicant did not provide the specified copies, Federal Antimonopoly Service independently requests the data necessary for consideration of dispute, in the relevant state bodies.
5(1). The statement and documents attached to it, stipulated in Item 5 these rules, are represented to Federal Antimonopoly Service on paper or with use of electronic media and (or) information and telecommunication networks public, including the Internet:
personally or by proxy representative to visit of Federal Antimonopoly Service;
paragraph third ceased to be valid;
paragraph fourth ceased to be valid;
the different way allowing to transfer in electronic form statements and other documents.
The statement and documents attached to it submitted in the form of electronic documents:
are drawn up according to the requirements to formats of statements and other documents established by Federal Antimonopoly Service;
are signed according to the Federal Law "About the Digital Signature".
6. Federal Antimonopoly Service considers the application and documents attached to it within 10 working days from the date of their receipt and determines compliance to their requirements, the established these rules.
7. No later than the term specified in Item 6 of these rules, Federal Antimonopoly Service passes the decision on acceptance of dispute to consideration or about refusal in consideration of dispute.
In case of discrepancy of the statement and documents attached to it to the requirements established by items 4 and 5(1) these rules the decision on refusal in reception of an application within 10 working days from receipt date is made. To the applicant the notification with indication of the basis for refusal in reception of an application goes.
7(1). In consideration of dispute it can be refused the following cases:
a) filing of application after the term specified in Item 2 of these rules;
b) availability in the statement of the requirement which is not relating to the subject of consideration of dispute specified in Item 3 (1) these rules;
c) availability in one statement of several requirements which are not connected among themselves;
d) filing of application by person who is not belonging to circle of the applicants specified in Item 3 of these rules;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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