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 ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 23, 2012 No. 378

About approval of Rules of forming and maintaining the register of the faces brought to the administrative responsibility for antitrust violation of the Russian Federation

(as amended of the Order of the Government of the Russian Federation of 16.06.2015 No. 592)

In pursuance of the subitem "b" of Item 8 of part 1 of article 23 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed Rules of forming and maintaining the register of persons brought to the administrative responsibility for antitrust violation of the Russian Federation.

2. To Federal Antimonopoly Service to approve within 1 month from the date of entry into force of this resolution form of the register of persons brought to the administrative responsibility for antitrust violation of the Russian Federation.

Russian Prime Minister

V. Putin

Approved by the Order of the Government of the Russian Federation of April 23, 2012 No. 378

Rules of forming and maintaining the register of persons brought to the administrative responsibility for antitrust violation of the Russian Federation

1. These rules establish procedure for forming and maintaining the register of officials of federal executive bodies, executive bodies of subjects of the Russian Federation, the local government bodies performing functions of other officials of bodies or organizations, the state non-budgetary funds attracted with Federal Antimonopoly Service (its territorial authorities) and courts to the administrative responsibility according to article 14.9 of the Russian Federation Code of Administrative Offences (further respectively - the register, person brought to the administrative responsibility).

The register represents the database about persons brought to the administrative responsibility.

2. Forming and maintaining the register is performed by inclusion in it of information about persons brought to the administrative responsibility and also exception of it of the corresponding data.

3. The register is kept in the form approved by Federal Antimonopoly Service.

4. The register is kept in electronic form.

Maintaining the register is performed by Federal Antimonopoly Service (its territorial authorities) in the conditions providing prevention of unauthorized access to the register.

5. The register joins the following data:

a) number of the resolution of Federal Antimonopoly Service (its territorial authority) on purpose of administrative punishment (further - the resolution), and also file number about administrative offense;

b) number of the judgment made by results of consideration by the judge of case on the administrative offense provided by part 2 of article 14.9 of the Russian Federation Code of Administrative Offences submitted by antimonopoly authority to the judge according to part 2 of article 23.1 of the Russian Federation Code of Administrative Offences (further - the judgment);

c) date of pronouncement of the resolution;

d) date of the introduction of the resolution in legal force and data on its execution;

e) date of the introduction of the judgment in legal force;

e) surname, name and middle name of person brought to the administrative responsibility;

g) details of the document certifying person brought to the administrative responsibility;

h) place of registration of person brought to the administrative responsibility;

i) the place of employment and position of person brought to the administrative responsibility and the name of body or organization in which this person borrows (held) the corresponding position;

j) ceased to be valid;

k) the penalty amount according to the resolution;

l) information on appeal of the resolution;

m) being (description) of committed offense and provision of the antitrust law of the Russian Federation who are broken;

o) surname, name, middle name and position of the duly government civil servant who entered the specified data in the register.

6. The bases for inclusion of data in the register are the resolution or the judgment which took legal effect.

7. The bases for exception of information of the register about person brought to the administrative responsibility are:

a) the expiration of 1 year from the date of the end of execution of the resolution or the judgment;

b) ceased to be valid;

c) cancellation of the resolution or judgment in accordance with the legislation of the Russian Federation;

d) the death of person, data on whom are included in the register, established in accordance with the legislation of the Russian Federation.

8. The information about person brought to the administrative responsibility is subject to inclusion (exception) by antimonopoly authority in the register no later than 7 days from the date of obtaining by Federal Antimonopoly Service (its territorial authorities) of the relevant documents.

On the basis specified in the subitem "an" of Item 7 of these rules, the information about person brought to the administrative responsibility is subject to exception antimonopoly authority from the register no later than the day following behind day of emergence of the specified basis.

9. The data included in the register are not subject to publication in mass media and to placement on the Internet.

The data included in the register are confidential and are provided by Federal Antimonopoly Service (its territorial authorities) to law enforcement agencies, judicial authorities, and also person brought to the administrative responsibility in the form established by Federal Antimonopoly Service no later than 10 days from the date of receipt of request.

 

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