ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 4, 2015 No. 941

About modification, recognition voided some acts of the Government of the Russian Federation in connection with abolition of Federal Tariff Service and about approval of Rules of adoption by Federal Antimonopoly Service of decisions on determination (establishment) of the prices (rates) and (or) their limits in field of activity of subjects of natural monopolies and other regulated organizations

According to the Presidential decree of the Russian Federation of July 21, 2015 "About some questions of public administration and control in the sphere of anti-monopoly and tariff regulation" the Government of the Russian Federation decides No. 373:

1. Approve enclosed:

Rules of adoption by Federal Antimonopoly Service of decisions on determination (establishment) of the prices (rates) and (or) their limits in field of activity of subjects of natural monopolies and other regulated organizations;

changes which are made to acts of the Government of the Russian Federation in connection with abolition of Federal Tariff Service.

2. Form in Federal Antimonopoly Service collegiate organ for decision making about determination (establishment) of the prices (rates) and (or) their limits in field of activity of subjects of natural monopolies and other regulated organizations.

3. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.

4. The realization of the powers provided by this resolution is enabled within the Russian Federation established by the Government taking into account the functions transferred from the Federal Tariff Service abolished by the Presidential decree of the Russian Federation of July 21, 2015 No. limiting 373, of the number of employees of Federal Antimonopoly Service and budgetary appropriations provided to Federal Antimonopoly Service in the federal budget for the corresponding financial year and planning period on management and management in the sphere of the established functions.

5. This resolution becomes effective from the date of its official publication, except for Item of 78 changes approved by this resolution which becomes effective since January 1, 2016.

Approved by the Order of the Government of the Russian Federation of September 4, 2015 No. 941

Rules of adoption by Federal Antimonopoly Service of decisions on determination (establishment) of the prices (rates) and (or) their limits in field of activity of subjects of natural monopolies and other regulated organizations

1. In Federal Antimonopoly Service the collegiate organ for decision making about determination (establishment) of the prices (rates) and (or) their limits in field of activity of subjects of natural monopolies and other regulated organizations is formed (further - collegiate organ).

2. The collegiate organ consists of 12 people.

5 representatives of Federal Antimonopoly Service from among whom the chairman of collegiate organ and the secretary of collegiate organ, 2 representatives of the Ministry of Economic Development of the Russian Federation and on one representative of the Ministry of Energy of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation, the Ministry of Transport of the Russian Federation, the Ministries of Construction and Housing and Communal Services of the Russian Federation and the Ministry of Industry and Trade of the Russian Federation are appointed are part of collegiate organ.

3. The staff of collegiate organ affirms the Government of the Russian Federation.

4. The chairman of collegiate organ is the head of Federal Antimonopoly Service or according to its order the deputy manager of Federal Antimonopoly Service.

5. The meeting of collegiate organ is considered competent if at it there are more than a half of members of collegiate organ.

6. The regulations of preparation of questions for consideration at meeting of collegiate organ affirm Federal Antimonopoly Service.

7. The decision is made by a majority vote members of collegiate organ, attendees at its meeting.

8. On the questions specified in Item 9 of these rules, the decision of collegiate organ cannot be made and the question is disqualified if in voting process representatives of the Ministry of Economic Development of the Russian Federation and the representative of federal executive body in which sphere of maintaining there is regulated industry vote against decision making. In this case Federal Antimonopoly Service in 5-day time informs the Government of the Russian Federation on the arisen disagreements and holds consultations with representatives of federal executive bodies as a part of collegiate organ in time, not exceeding 30 calendar days from the date of the meeting of collegiate organ. After carrying out consultations the question is submitted for de novo review of collegiate organ.

9. Treat questions which shall be disqualified at meeting of collegiate organ if against decision making on them representatives of the Ministry of Economic Development of the Russian Federation and the representative of federal executive body in which sphere of maintaining there is regulated industry vote:

limiting approval of indexes (minimum and (or) maximum) price levels (rates) for the electrical energy (capacity), electrical energy (capacity) delivered to buyers in the retail markets delivered to the population and categories of consumers equated to it including the population and categories of consumers equated to it, in the territories not united in price zones of the wholesale market, on services in transfer of electrical energy, on services in implementation of freight and passenger traffic by railway transport;

price approval (rates) for subjects of natural monopolies in which authorized capital share of the Russian Federation exceeds 50 percent, allowances to payment for the capacity delivered atomic and hydroelectric power stations and also long-term parameters of regulation in case of implementation of long-term price regulation (rates) for goods (works, services) the specified business entities;

establishment of decreasing coefficients, and also the coefficients determining price differentiation on natural gas by regions of the Russian Federation, being components of formula of gas price;

forming of composite balance (planned) balance sheet of production and deliveries of electrical energy (capacity) within Power pool system of Russia on subjects of the Russian Federation and subjects of the wholesale market with allocation of supply rate of electrical energy (capacity) to the population and categories of consumers equated to it;

approval of projects of regulatory legal acts of Federal Antimonopoly Service which techniques (rule) of calculation of regulated prices (rates) affirm.

10. In case of not achievement of consent by members of collegiate organ on the questions carried to its competence, and on questions, stipulated in Item 9 these rules, - in case of not achievement of consent by collegiate organ after single de novo review of such questions at meeting of collegiate organ, and also in exceptional cases, caused by terms of decision making by Federal Antimonopoly Service in accordance with the legislation of the Russian Federation, the head of Federal Antimonopoly Service can make the decision carried to competence of collegiate organ, independently. Members of collegiate organ shall be in writing informed on the made decision in time, not exceeding 5 days from the date of adoption of such decision.

11. Members of collegiate organ participate in its meetings without the replacement right.

12. If the member of collegiate organ cannot be present at meeting of collegiate organ, he has the right to beforehand provide the opinion on cases in point in writing which is equated to participation in meeting of collegiate organ and is considered during the vote and decision making provided that it accurately expresses line item of the member of za or protiv collegiate organ of the made decision.

13. The decisions made at meeting of collegiate organ are drawn up by the protocol which is signed by the chairman of collegiate organ.

14. Decisions of collegiate organ are published in the form of orders of Federal Antimonopoly Service.

15. Organizational technical supply of activities of collegiate organ is performed by Federal Antimonopoly Service.

Approved by the Order of the Government of the Russian Federation of September 4, 2015 No. 941

Changes which are made to acts of the Government of the Russian Federation in connection with abolition of Federal Tariff Service

1. In Item 9 of the resolution of Council of Ministers - the Governments of the Russian Federation of January 29, 1993 No. 88 "About state regulation of natural gas prices and other types of energy resources" (Collection of acts of the President and the Government of the Russian Federation, 1993, No. 6, the Art. 486) words "Federal Tariff Service" in the corresponding case shall be replaced with words Federal Antimonopoly Service in the corresponding case.

2. In the list of industrial goods, consumer goods and services on which state regulation of the prices (rates) in the domestic market of the Russian Federation the Government of the Russian Federation and federal executive bodies, No. 239 approved by the order of the Government of the Russian Federation of March 7, 1995 "About measures for streamlining of state regulation of the prices (rates)" (Perform the Russian Federation Code, 1995, No. 11, of Art. 997; 1996, No. 7, Art. 690; No. 32, Art. 3942; 1997, No. 27, Art. 3232; 1998, No. 32, Art. 3907; 2001, No. 7, Art. 656; No. 26, Art. 2680; No. 36, Art. 3561; 2002, No. 15, Art. 1431; 2004, No. 51, Art. 5184; 2008, No. 1, Art. 3; No. 7, Art. 597; No. 17, Art. 1887; 2009, No. 33, Art. 4086; 2010, No. 30, Art. 4096; No. 45, Art. 5851; 2012, No. 17, Art. 1997; 2013, No. 11, Art. 1126; 2014, No. 26, Art. 3566; 2015, No. 6, Art. 953):

a) word in paragraph three "Federal Power Commission of the Russian Federation" shall be replaced with words Federal Antimonopoly Service;

b) word in paragraph ten "Federal Tariff Service" shall be replaced with words Federal Antimonopoly Service.

3. Ceased to be valid according to the Order of the Government of the Russian Federation of 30.11.2018 No. 1442

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