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Registered by

Ministry of Justice

Russian Federation

On August 28, 2012 No. 25304

ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of May 25, 2012 No. 342

About approval of Administrative regulations of Federal Antimonopoly Service on execution of the state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation

(as amended on 26-04-2013)

According to the order of the Government of the Russian Federation of 16.05.2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; 2011, 35, of the Art. 5092) I order to No.:

1. Approve the enclosed Administrative regulations of Federal Antimonopoly Service on execution of the state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation.

3. I reserve control of execution of this order.

Head

I.Yu.Artemyev

Appendix

to the Order of Federal Antimonopoly Service of the Russian Federation of May 25, 2012 No. 342

Administrative regulations of Federal Antimonopoly Service on execution of the state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation

I. General provisions

Name of the state function

1.1. The state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation (further - the state function).

The name of the federal executive body performing the state function

1.2. Execution of the state function is performed by Federal Antimonopoly Service (further - FAS Russia) and its territorial authorities (further together - antimonopoly authority).

The list of the regulatory legal acts regulating execution of the state function

1.3. The antimonopoly authority performs the state function according to:

The Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (further - the Marine life protection act of the competition) (The Russian Federation Code, 2006, No. 31 (p. I), Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; 2008, No. 27, Art. 3126; 2008, No. 45, Art. 5141; 2009, No. 29, Art. 3601; 2009, No. 29, Art. 3610; 2009, No. 29, Art. 3618; 2009, No. 52 (p. I), Art. 6450; 2009, No. 52 (p. I), Art. 6455; 2010, No. 15, Art. 1736; 2010, No. 19, Art. 2291; 2010, No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30 (p. I), Art. 4590; No. 48, Art. 6728; No. 50, Art. 7343);

The Federal Law of 27.07.2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30 (p. I), Art. 4587; No. 49 (p. V), Art. 7061);

The regulations on Federal Antimonopoly Service approved by the order of the Government of the Russian Federation of 30.06.2004 No. 331 (The Russian Federation Code, 2004, No. 31, Art. 3259; 2006, No. 45, Art. 4706; 2006, No. 49 (p. II), Art. 5223; 2007, No. 7, Art. 903; 2008, No. 13, Art. 1316; No. 44, Art. 5089; No. 46, Art. 5337; 2009, No. 3, Art. 378; No. 2, Art. 248; No. 39, Art. 4613; 2010, No. 9, Art. 960; 2010, No. 25, Art. 3181; No. 26, Art. 3350; 2011, No. 14, Art. 1935; No. 18, Art. 2645; No. 44, Art. 6269);

The regulations on territorial authority of Federal Antimonopoly Service approved by the order of FAS Russia of 26.01.2011 No. 30 (No. 20204) with the changes made by orders of FAS Russia of 22.04.2011 No. 302 is registered in the Ministry of Justice of the Russian Federation 21.03.2011 (No. 20763) is registered in the Ministry of Justice of the Russian Federation 17.05.2011, of 28.06.2011 No. 475 (No. 21431) is registered in the Ministry of Justice of the Russian Federation 21.07.2011, of 12.09.2011 No. 643 (No. 22218) is registered in the Ministry of Justice of the Russian Federation 03.11.2011, of 12.12.2011 No. 867 (No. 22758) is registered in the Ministry of Justice of the Russian Federation 27.12.2011, of 01.03.2012 No. 116 (No. 23637) is registered in the Ministry of Justice of the Russian Federation 28.03.2012;

Order of the Government of the Russian Federation of 07.04.2004 No. 189 "Questions of Federal Antimonopoly Service" (Russian Federation Code, 2004, No. 15, Art. 1482; No. 31, Art. 3259; 2006, No. 23, Art. 2527; 2007, No. 1 (p. II), Art. 292; 2008, No. 14, Art. 1414; No. 44, Art. 5089; 2009, No. 6, Art. 738; No. 39, Art. 4613; 2011, No. 6, Art. 888);

The order of the Government of the Russian Federation of 30.05.2007 No. 334 "About establishment of sizes of assets of financial institutions (except for credit institutions) for the purpose of implementation of anti-monopoly control" (The Russian Federation Code, 2007, No. 23, Art. 2799; 2009, No. 19, Art. 2349; No. 52, Art. 6606; 2010, No. 11, Art. 1224);

The order of the Government of the Russian Federation of 30.05.2007 No. 335 "About establishment of sizes of assets of credit institutions for the purpose of implementation of anti-monopoly control" (The Russian Federation Code, 2007, No. 23, Art. 2800; 2008, No. 31, Art. 3741; 2009, No. 19, Art. 2349; No. 52, Art. 6606; 2010, No. 11, Art. 1224; No. 23, Art. 2845);

The order of the Government of the Russian Federation of 09.06.2007 No. 359 "About approval of conditions of recognition dominating provisions of financial institution (except for credit institution) and rules of establishment of dominant position of financial institution (except for credit institution)" (The Russian Federation Code, 2007, No. 24, the Art. 2926);

The order of the Government of the Russian Federation of 26.06.2007 No. 409 "About approval of conditions of recognition dominating provisions of credit institution and rules of establishment of dominant position of credit institution" (The Russian Federation Code, 2007, No. 27, the Art. 3296);

The order of FAS Russia of 28.04.2010 No. 220 "About approval of the Procedure for carrying out the analysis of competitive situation in the goods market" (No. 18026) (The bulletin of regulations of federal executive bodies, No. 34, 23.08 is registered in the Ministry of Justice of the Russian Federation 02.08.2010. 2010) with the changes made by the order of FAS Russia of 03.02.2012 No. 65 (No. 23545) is registered in the Ministry of Justice of the Russian Federation 21.03.2012;

The order of FAS Russia of 20.11.2006 No. 293 "About approval of form of submission of the list of group of persons, entering one group of persons" (No. 8558) (The bulletin of regulations of federal executive bodies, No. 51, 18.12 is registered in the Ministry of Justice of the Russian Federation 04.12.2006. 2006) with the changes made by orders of FAS Russia of 12.12.2007 No. 424 (No. 10854) is registered in the Ministry of Justice of the Russian Federation 29.12.2007, of 24.11.2008 No. 497 (No. 13187) is registered in the Ministry of Justice of the Russian Federation 28.01.2009, of 09.03.2010 No. 114 (No. 17098) is registered 04.05.2010;

The order of FAS Russia of 17.04.2008 No. 129 "About approval of form of representation of data to antimonopoly authority in case of the address with the petitions and notifications provided by Articles 27 - 31 Federal Law "About Protection of the Competition" (No. 11614) (The Russian newspaper, No. 101, 14.05 is registered in the Ministry of Justice of the Russian Federation 04.05.2008. 2008, Bulletin of regulations of federal executive bodies, No. 25, 21.06. 2010) with the changes made by the order of FAS Russia of 20.04.2010 No. 189 (it is registered in the Ministry of Justice of the Russian Federation 02.06.2010 No. 17430);

The order of FAS Russia of 04.08.2011 No. 569 "About approval of the Regulations on procedure for preparation and conducting checks of activities of territorial authorities of FAS Russia" (No. 22183) is registered in the Ministry of Justice of the Russian Federation 01.11.2011.

Subject of the state control

1.4. Subject of the state control (supervision) is observance of requirements of the antitrust law of the Russian Federation during creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation.

The rights and obligations of officials when implementing the state control

1.5. The rights of officials when implementing the state control:

- receive according to the motivated requirement at the scheduled time from commercial and non-profit organizations, their officials, federal executive bodies, their officials, public authorities of subjects of the Russian Federation, their officials, local government bodies, their officials performing functions of other specified bodies of bodies or the organizations, their officials, and also state non-budgetary funds, their officials, physical persons, including individual entrepreneurs with observance of requirements of the legislation of the Russian Federation on the state secret, bank secrecy, trade secret or about other secret protected by the law documents, data, explanations in written or oral form, including acts, agreements, references, business correspondence, other documents and materials executed in the form of digital record or in the form of record on electronic media.

1.6. Obligations of officials when implementing the state control:

- not disclose information, component the state, commercial, office, protected by the law other secret received by antimonopoly authority, except as specified, established by the legislation of the Russian Federation;

- perform the state function according to these Regulations.

The rights and obligations of persons concerning which actions for control are performed

1.7. The rights of persons concerning which actions for control are performed:

- obtain complete, up-to-date and reliable information about procedure for execution of the state function;

- perform the rights and obligations independently or through the representative; - send the claim to antimonopoly authority;

- take in accordance with the established procedure legal action, Arbitration Court with claims, including with claims for recovery of the violated rights, indemnification, including lost profit, indemnification, caused to property.

1.8. Obligations of persons concerning which actions for control are performed:

- represent to antimonopoly authority (his officials) according to its motivated requirement at the scheduled time necessary for antimonopoly authority according to the powers assigned to it documents, explanations, information respectively in written and oral form (including information, component the commercial, office, protected by the law other secret), including acts, agreements, references, business correspondence, other documents and materials executed in the form of digital record or in the form of record on electronic media.

Result of execution of the state function

1.9. Result of execution of the state function - the decisions made by antimonopoly authority according to Item 3.55 of these Regulations.

II. Requirements to procedure for execution of the state function

Information on the location and working schedule of antimonopoly authority

2.1. Data on FAS Russia:

location - Sadovaya-Kudrinskaya Ulitsa, 11, Moscow, D-242, GSP-5, 123995.

2.2. Working schedule of FAS Russia:

           Day of the week            

           Working hours            

      Monday - Thursday       

          09.00 - 18.00           

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