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It is registered

Ministry of Justice

Russian Federation

On March 24, 2016 No. 41540

ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of February 25, 2016 No. 187/16

About approval of Administrative regulations of Federal Antimonopoly Service on execution of the state function on implementation of the state control of economic concentration in the field of use of water objects

For the purpose of realization of item 4 of article 22 of the Federal Law of July 26, 2006 No. 135-FZ "About protection of the competition" (The Russian Federation Code, 2006, No. 31 (p. I), Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601; No. 29, Art. 3610; No. 52 (p. I), Art. 6450; No. 52 (p. I), Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873; No. 27, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728; No. 30 (p. I), Art. 4590; No. 50, Art. 7343; 2012, No. 31, Art. 4334; No. 53 (p. I), Art. 7643; 2013, No. 27, Art. 3436; No. 27, Art. 3477; No. 30 (p. I), Art. 4084; No. 44, Art. 5633; No. 51, Art. 6695; No. 52 (p. I), Art. 6961; No. 52 (p. I), Art. 6988; 2014, No. 23, Art. 2928; No. 30 (p. I), Art. 4266; 2015, No. 27, Art. 3947; No. 29 (p. I), Art. 4339; No. 29 (p. I), Art. 4342, Art. 4350, Art. 4376; No. 41 (h 1), the Art. 5629) and according to the order of the Government of the Russian Federation of April 08, 2009 No. 314 "About approval of Rules of implementation of the state control of economic concentration of use of water objects" (The Russian Federation Code, 2009, No. 15, the Art. 1843) and the order of the Government of the Russian Federation of May 16, 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; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, 5, of the Art. 506) I order to No.:

1. Approve the enclosed administrative regulations of Federal Antimonopoly Service on execution of the state function on implementation of the state control of economic concentration in the field of use of water objects.

2. I reserve control of execution of this order.

Head

I.Yu.Artemyev

Approved by the Order of Federal Antimonopoly Service of the Russian Federation of February 25, 2016, No. 187/16

Administrative regulations of Federal Antimonopoly Service on execution of the state function on implementation of the state control of economic concentration in the field of use of water objects

I. General provisions

Name of the state function

1.1. The state function on implementation of the state control of economic concentration in the field of use of water objects (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:

Water code of the Russian Federation (Russian Federation Code, 2006, No. 23, Art. 2381; No. 50, Art. 5279; 2007, No. 26, Art. 3075; 2008, No. 29, Art. 3418; 2009, No. 30, Art. 3735; No. 52, Art. 6441; 2011, No. 1, Art. 32; No. 30, Art. 4590, 4594, 4596, 4605; No. 50, Art. 7359; No. 29, Art. 4281; No. 48, Art. 6732; 2012, No. 26, Art. 3446; 2013, No. 19, Art. 2314; No. 27, Art. 3440; No. 43, Art. 5452; 2014, No. 26, Art. 3387; No. 42, Art. 5615; No. 43, Art. 5799; 2015, No. 1 (p. I), Art. 11, Art. 12, Art. 52; No. 29 (p. I), Art. 4347, 4359,4370; No. 48 (p. I), Art. 6723);

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; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601; No. 29, Art. 3610; No. 52 (p. I), Art. 6450; No. 52 (p. I), Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873; No. 27, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728; No. 30 (p. I), Art. 4590; No. 50, Art. 7343; 2012, No. 31, Art. 4334; No. 53 (p. I), Art. 7643; 2013, No. 27, Art. 3436; No. 27, Art. 3477; No. 30 (p. I), Art. 4084; No. 44, Art. 5633; No. 51, Art. 6695; No. 52 (p. I), Art. 6961; No. 52 (p. I), Art. 6988; 2014, No. 23, Art. 2928; No. 30 (p. I), Art. 4266; 2015, No. 27, Art. 3947; No. 29 (p. I), Art. 4339; No. 29 (p. I), Art. 4342, Art. 4350, Art. 4376; No. 41 (p. I), Art. 5629);

The Federal Law of 26.12.2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52 (p. I), Art. 6249; 2009, No. 18, Art. 2140; No. 29, Art. 3601; 2009, No. 48, Art. 5711; 2009, No. 52, Art. 6441; 2010, No. 17, Art. 1988; No. 31, Art. 4160; Art. 4193, Art. 4196; No. 32, Art. 4298; No. 18, Art. 2142; 2011, No. 7, Art. 905; No. 30, Art. 4590; No. 48, Art. 6728; No. 23, Art. 3263; No. 17, Art. 2310; No. 1, Art. 20; 2012, No. 19, Art. 2281; No. 26, Art. 3446; No. 31, Art. 4320, Art. 4322; No. 47, Art. 6402; 2013, No. 49 (p. I) of Art. 6338; No. 52, Art. 6961, Art. 6979, Art. 6981; No. 30, Art. 4041; No. 27, Art. 3477; No. 9, Art. 874; 2014, No. 11, Art. 1092; Art. 1098; No. 26, Art. 3366; No. 30, Art. 4220, Art. 4235, Art. 4243; No. 42, Art. 5615; No. 48, Art. 6659; 2015, No. 1, Art. 53, Art. 64, Art. 72, Art. 85; No. 18, Art. 2614; No. 27, Art. 3950; No. 29 (p. I), Art. 4339, Art. 4362, Art. 4372; No. 48 (p. I), Art. 6707);

The Federal Law of 02.05.2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, No. 19, Art. 2060; 2010, No. 27, Art. 3410; No. 31, Art. 4196; 2013, No. 19, Art. 2307; No. 27, Art. 3474; 2014, No. 48, Art. 6638; No. 45, Art. 6206);

The order of the Government of the Russian Federation of 30.06.2004 No. 331 "About approval of the Regulations on Federal Antimonopoly Service" (The Russian Federation Code, 2004, No. 31, Art. 3259; 2006, No. 45, Art. 4706; No. 49 (p. II), Art. 5223; 2007, No. 7, Art. 903; 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; No. 25, Art. 3181; No. 26, Art. 3350; 2011, No. 14, Art. 1935; No. 18, Art. 2645; No. 44, Art. 6269; 2012, No. 27, Art. 3741, No. 39, Art. 5283, No. 52, Art. 7518; 2013, No. 35, Art. 4514; No. 36, Art. 4578; No. 45, Art. 5822; 2014, No. 35, Art. 4774; 2015, No. 1 (p. II), Art. 279, Art. 1543; No. 37, Art. 5153; No. 44, Art. 6133; No. 49, Art. 6994; No. 1 (p. II), Art. 239);

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; 2012, No. 36, Art. 4909; 2015, No. 1 (p. II), Art. 279; No. 37, Art. 5150, Art. 5153; No. 44, Art. 6133);

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; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506);

The order of the Government of the Russian Federation of 08.04.2009 No. 314 "About approval of Rules of implementation of the state control of economic concentration of use of water objects" (The Russian Federation Code, 2009, No. 15, the Art. 1843);

The order of the Government of the Russian Federation of 09.06.2007 No. 359 "About approval of conditions of recognition dominating provisions of the financial organization (except for credit institution) and rules of establishment of dominant position of the financial organization (except for credit institution)" (The Russian Federation Code, 2007, No. 24, Art. 2926; 2013, No. 23, Art. 2921; No. 36, Art. 4578);

The order of FAS Russia of 25.05.2012 No. 345 "About approval of administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration" (No. 25157) is registered in the Ministry of Justice of the Russian Federation 09.08.2012 <*>;

--------------------------------

<*> The order of FAS Russia of 24.12.2015 No. 1313 "About modification of Administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration, the FAS Russia approved by the order of 25.05.2012 No. 345" (It is registered in the Ministry of Justice of the Russian Federation 15.02.2016 No. 41099).

The order of FAS Russia of 24.08.2012 No. 544 "About approval of procedure for review of the instruction issued in cases, the stipulated in Clause 33 Federal Laws of 26.07.2006 No. 135-FZ "About protection of the competition" (No. 27316) is registered in the Ministry of Justice of the Russian Federation 26.02.2013;

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) is registered in the Ministry of Justice of the Russian Federation 02.08.2010, with the changes made by orders 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; of 12.03.2013 No. 143/13 (No. 28571) is registered in the Ministry of Justice of the Russian Federation 29.05.2013; of 30.01.2015 No. 33/15 (No. 36267) is registered in the Ministry of Justice of the Russian Federation 27.02.2015; of 23.11.2015 No. 1132/15 (No. 39985) is registered in the Ministry of Justice of the Russian Federation 07.12.2015;

The order of FAS Russia of 23.07.2015 No. 649/15 "About approval of the Regulations on territorial authority of Federal Antimonopoly Service" (No. 38653) is registered in the Ministry of Justice of the Russian Federation 24.08.2015;

The order of FAS Russia of 20.11.2006 No. 293 "About approval of form of provision of the list of persons entering one group of persons" (further - the Order of FAS Russia No. 293) (No. 8552) is registered in the Ministry of Justice of the Russian Federation 04.12.2006, 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 in the Ministry of Justice of the Russian Federation 04.05.2010, of 26.12.2011 No. 897 (No. 23763) is registered in the Ministry of Justice of the Russian Federation 09.04.2012, of 29.11.2012 No. 724/12 (No. 26867) is registered in the Ministry of Justice of the Russian Federation 06.02.2013; of 03.04.2014 No. 228/14 (No. 32137) is registered in the Ministry of Justice of the Russian Federation 29.04.2014; of 23.11.2015 No. 1132/15 (No. 39985) is registered in the Ministry of Justice of the Russian Federation 07.12.2015;

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" (further - the Order of FAS Russia No. 569) (No. 22183) is registered in the Ministry of Justice of the Russian Federation 01.11.2011, with the changes made by the order of FAS Russia of 29.01.2015 No. 31/15 (No. 36309) is registered in the Ministry of Justice of the Russian Federation 27.02.2015.

Subject of the state control

1.4. Subject of the state control is observance of requirements of the antitrust law of the Russian Federation in case of committing by person (group of persons) of transactions, other actions as a result of which it (they) acquires right to use water objects (part or parts of such water objects) which are in federal property, property of subjects of the Russian Federation, property of municipalities.

Provisions of Administrative regulations of Federal Antimonopoly Service on execution of the state function on implementation of the state control of economic concentration in the field of use of water objects (further - Regulations) do not extend to the cases of implementation of the state control of economic concentration provided by Chapter 7 of the Marine life protection act of the competition.

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, 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 or protected by the legislation other Russian Federation to secret, documents and data necessary for implementation of the state function by antimonopoly authority (further - documents and data).

1.6. Obligations of officials when implementing the state control:

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

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