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28.11.2021

I. Introduction

Free enterprise and competition

And in this regard, small and medium-sized businesses play a special role. Such enterprises quickly respond to market demands and flexibly change their “product line.” And their owners, forming the middle class, at the same time act as guarantors that the products of other manufacturers will find their consumers. At the same time, one should not think that small businesses are represented by traders or artisans. Modern small firms equipped with the latest technology and produce products of excellent quality, often being suppliers (contractors) large companies various parts and assemblies.

Here lies another secret of the market economy. Its effectiveness and ability to develop is due precisely to freedom of entrepreneurship, freedom and the possibility of creating enterprises (firms) that respond to changes in the demand of the population (or other buyers). When the market becomes crowded with people willing to produce and supply a certain product, competition appears. This is the key moment of the market. Each company strives to outperform its neighbor in the market in terms of product quality and price. That is, each company strives to produce a product better and cheaper than its competitor. Note that in a modern society saturated with goods, quality is paramount. Bad, but cheap goods is no longer competitive. But this is an ideal scheme, representing the so-called “perfect” market, when there are many independent producers operating on it.

IN real life everything is not so rosy. Entrepreneurs are not philanthropists, and business is not a sport. Businessmen don’t really like to spend money even on organization own production and its modernization. Indeed, why all this trouble when you can work in another direction, namely, limit competition, which causes so much trouble. Restriction of competition is implemented in various ways. For example, a number of industries require very large initial investments (and subsequent ones too). This is one cutoff - not everyone can start their own business. A number of industries (for example, pharmaceuticals) use patent protection - to start a business you need to purchase an expensive patent. In a number of image productions (perfumes, fashion clothes, electronics) great importance, if not decisive, have “brands”, “ trade marks" To break into this market and displace the “old-timers” who have their own followers, a lot of money is required to promote your own product and ensure its sales.

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Competition is the basis for the progressive development of the country; it ensures the constant and dynamic introduction of innovative technologies, is the main driving factor in the evolutionary development of society, generates diversity and ensures the most efficient distribution of resources. That is why the protection and development of competition is one of the main priorities of state policy.

A feature of the Russian economy is its significant dependence on the activities of monopolies in various sectors of the production of goods and services. This specificity is due to the continuity of the structure of economic relations that developed in the Soviet Union. The development of the modern economic environment in Russia was initially made dependent on raw materials, processing, and logistics monopolies created during the period of Soviet industrialization.

That is why the state of competition in the Russian economy is the most accurate indicator of the success of market reforms and freedom economic activity and equality of enterprises of all forms of ownership.

In accordance with the identified priorities of state policy, the Mission of the Federal Antimonopoly Service (FAS Russia) is defined:

Freedom of competition and effective protection of entrepreneurship for the sake of the future of Russia.

Free competition between market participants stimulates the development of new technologies and the search for the most effective ways production. This leads to increased competitiveness of goods, a balance between their quality and price, and expanded choice for the consumer. Based on this, the efforts of the FAS Russia are aimed at preventing and suppressing actions that limit competition on the part of business entities, natural monopolies and government bodies.

By 2013 in Russian Federation a modern legal and organizational basis for the protection and development of competition has been formed:

Legal institutions for the protection and development of competition correspond to the best practices of the world's leading antimonopoly authorities and at the same time take into account the specifics of the formation of internal economic relations;

The interaction of antimonopoly authorities, courts, associations of entrepreneurs, professional communities of lawyers and economists has created a functioning organizational mechanism for protecting competition, which makes it possible to develop standards and practical requirements for antimonopoly policy in relation to the most important commodity markets of the Russian Federation.

A feature of the current stage of state policy in the field of protection of competition is the need for it to go beyond the protective function with a focus on measures of a systemic macroeconomic nature, which should lead to the formation of a pro-competitive legal and institutional environment in key sectors of the Russian economy.

For the effective implementation of the FAS Russia Mission, documents have been developed that define the main directions for the development of the service: Policy in the field of quality management of government functions and services, as well as Personnel Policy.

The effectiveness and efficiency of the antimonopoly supervision system primarily depends on the synthesis of personal and professional qualities service employees. That is why the HR Policy occupies an equal place in priority with the task of forming a high-quality system of supervision over compliance with antimonopoly legislation in commodity markets.

In order to improve the institutions for the protection of competition and its development, the FAS of Russia has developed a strategy for the development of competition and antimonopoly regulation in the Russian Federation for the period 2013 - 2024. (hereinafter referred to as the Strategy). The strategy takes into account the recommendations of the OECD Competition Committee, as well as proposals from business associations.

Nina Aleksandrovna Akzhitova, Head of the Office of the Federal Antimonopoly Service for the Smolensk Region

ABOUT THE ANTI-CRISIS PACKAGE
The priority areas of activity and legislative initiatives of the Federal Antimonopoly Service are related to the desire to reduce the administrative burden on business in difficult economic conditions.
This is confirmed by the amendments to the Law “On Protection of Competition” that came into force at the beginning of January 2016, better known as the “fourth antimonopoly package”, as well as the adoption of a number of federal laws, developed with the participation of the Federal Antimonopoly Service of Russia, which received their name as the “anti-crisis package”.
Due to changes in antimonopoly legislation, administrative interference in economic activity, which leads to a reduction in barriers in any form and has a beneficial effect on the development of entrepreneurship.
Thus, if signs of violation of antimonopoly legislation are detected by business entities or authorities, the antimonopoly authority sends warnings to them, which indicate the identified signs of violation of antimonopoly legislation, and sets a deadline for their elimination.
In the past period of 2016, the Smolensk OFAS Russia sent 26 warnings to business entities and authorities. In case of voluntary elimination of violations of the law, such an economic entity or authority is released from administrative liability. And if the violator refuses to comply with the warning within the prescribed period, a case must be initiated against him within 10 days.
In practice, all warnings issued by the Smolensk OFAS Russia were executed within the prescribed time frame.
The institution of caution is applied to officials whose actions show signs of violating antimonopoly legislation.
In 2016, the Smolensk OFAS Russia did not identify any violations of antimonopoly legislation by officials and, accordingly, did not issue warnings to officials of business entities and government bodies.

ABOUT IMMUNITY FOR ECONOMIC ENTITIES
One of the significant changes that came into force on July 4, 2016 (the “anti-crisis package” of laws) is the introduction of immunities for individual business entities in relation to their abuse of a dominant position and the conclusion of certain anti-competitive agreements, which significantly improves their position and indicates the inadmissibility of bringing such entities to administrative liability.
Amendments have also been made to Article 251 of the Law on Protection of Competition, according to which an unscheduled on-site inspection of a small business entity is carried out after agreement with the prosecutor's office.
This year, the Smolensk OFAS Russia did not carry out unscheduled on-site inspections of small businesses. In addition, even scheduled inspections of small businesses were not carried out in 2016. There are no plans to conduct scheduled inspections in 2017.

ABOUT SMALL AND MEDIUM BUSINESS
Amendments have also been made to the Code of Administrative Offenses of the Russian Federation (CAO), providing for the specifics of bringing small and medium-sized businesses to administrative liability.
Thus, from July 4, 2016, Article 4.1.1 of the Code of Administrative Offenses is applied when identifying violations of the legislation of the Russian Federation on advertising and certain violations of antimonopoly legislation.
According to this article, persons who are small and medium-sized businesses, persons engaged in entrepreneurial activity without forming a legal entity, as well as their employees for the first time committed an administrative offense identified during the implementation of state or municipal control, administrative punishment in the form of an administrative fine must be replaced with a warning.
This means that this norm establishes not the right, but the obligation to replace a fine, as an administrative punishment for a first-time offense, with a warning.
The Smolensk OFAS Russia in relation to 42 business entities that were found to have violated the requirements of the current legislation, the administrative punishment in the form of a fine was replaced with a warning, which allowed them to save significant financial resources.

ABOUT THE DEVELOPMENT OF COMPETITION
Creating a favorable institutional and organizational environment for the effective protection and development of competition, reducing administrative barriers that impede the development and free functioning of markets is one of priority areas economic policy of the country.
It is safe to say that in recent years there has been a real movement towards the development of competition. This is also confirmed by the fact that on September 5, 2015, “pro-competitive reform in the regions started”, when the Chairman of the Government of the Russian Federation approved the Standard for the development of competition in the constituent entities of the Russian Federation, which today is the most important priority of regional policy. Its implementation creates conditions for increasing the investment attractiveness of the region and helps accelerate socio-economic transformations.
Promoting the development of competition based on the Standard for the development of competition in the constituent entities of the Russian Federation from January 1, 2015 is one of the areas for assessing the effectiveness of the activities of senior officials - managers executive bodies state authorities of the constituent entities of the Russian Federation (governors) to create favorable conditions for doing business.

The institution of caution is applied to officials whose actions show signs of violating antimonopoly legislation.

In the Smolensk region, a road map action plan was developed and approved to promote the development of competition in the Smolensk region for 2015–2018.
In 2015, all the main components of the Competition Development Standard were introduced in the Smolensk region. In each municipal entity of the Smolensk region, action plans have been developed and approved (“ road maps") to promote competition.
The autonomous non-profit organization “Analytical Center for the Government of the Russian Federation”, based on an analysis of information submitted by the constituent entities of the Russian Federation, for the first time in 2016, prepared a Rating of regional heads in terms of the level of assistance to the development of competition based on the results of 2015, which shows independent assessment the quality of the system built by governors and their teams to promote competition, as well as the quality of the work done in this area.
According to the results of the 2015 rating, the Smolensk region entered the Top 20 regions, taking 20th place in the rating among 85 subjects of the Russian Federation.
Currently, work is actively continuing to implement the provisions of the Competition Development Standard.
Support of the authorities of the constituent entity of the Russian Federation in the implementation of the standard is a key priority in the activities of the territorial bodies of the FAS Russia.
In this regard, in April 2016, a tripartite agreement was concluded on the implementation of a competition development standard in the Smolensk region between the administration of the Smolensk region, the department of the Federal Antimonopoly Service for the Smolensk region and the Council municipalities Smolensk region.
The Office of the Federal Antimonopoly Service for the Smolensk Region will continue to work constructively with authorities to develop effective competition in the Smolensk Region. After all, effective competition is the key to a healthy economy and a guarantee of state sovereignty.

Valid Editorial from 03.07.2013

"STRATEGY FOR THE DEVELOPMENT OF COMPETITION AND ANTI-MONOPOLY REGULATION IN THE RUSSIAN FEDERATION FOR THE PERIOD 2013 - 2024." (approved by the Presidium of the FAS RF on July 3, 2013)

2.1.3. Introduction of a legal mechanism for preventing and suppressing anti-competitive actions of intellectual property rights holders:

Extend the scope of application of the Law on Protection of Competition to agreements on the use of exclusive rights that lead to restriction, prevention, or elimination of competition in the sale of goods;

Conduct an analysis of the situation in the field of competition protection in relation to cases of using the results of intellectual activity and means of individualization (RIDSI) in the context of certain types of RIDSI, sectors of the economy;

Systematize cases of using rights to RIDSI as a tool to restrict competition with a view to subsequently forming proposals for adjusting legislation;

2.1.12. Increasing the efficiency of control over “vertical” agreements:

In accordance with the EU experience, add Part 2 of Article 11 of the Law on Protection of Competition with a list of provisions prohibited regardless of the market shares of business entities entering into a “vertical” agreement.

III. Reducing administrative barriers that impede the development and free functioning of markets

3.1.1. Implementation of the ISO-9001 quality management system in federal executive authorities based on the experience of the FAS Russia:

Based on the experience of FAS Russia, develop teaching materials ensuring the effective implementation of the ISO-9001 quality management system in federal executive authorities;

Prepare proposals to the Government of the Russian Federation for the adoption of national requirements for quality management of state and municipal services based on international standards ISO 9000 series.

3.1.2. Introduction of incentive mechanisms for federal executive authorities and executive authorities of the constituent entities of the Russian Federation:

To promote the formation of a system of indicators of the state and development of competition for the purpose of using it in assessing the performance of federal executive authorities and executive authorities of the constituent entities of the Russian Federation, as well as as target indicators of competition development programs;

Introduce into the lists of government indicators budget programs for each federal authority, indicators reflecting the contribution of the authority to the development of competition in the relevant area of ​​regulation.

3.1.3. Implementation of measures aimed at eliminating excess government regulation and a decrease in state participation in the economy:

Develop measures aimed at promoting competition and reducing unnecessary interference government agencies in the activities of small and medium-sized businesses within the framework of the activities of the Government Commission on Competition and Development of Small and Medium Enterprises;

Eliminate state and municipal unitary enterprises in all competitive sectors of the economy, with the exception of enterprises operating in the field of defense and security of the country;

Introduce procedures for coordination with the antimonopoly authority of government decisions on the creation of unitary enterprises, as well as non-profit organizations which are planned to be given the right to carry out entrepreneurial activities;

Develop and implement legislative measures to suppress the “diversion” of state property through unitary enterprises into private hands;

Promote the development of competition through the privatization and corporatization of state corporations, as well as the privatization of state property;

Ensure protection of small businesses from administrative pressure from government bodies and local self-government, establish for these purposes constant interaction with unions (associations) of small businesses;

Establish a direct prohibition for executive authorities to vest business entities that are market participants with the authority to formulate and maintain industry standards, as well as carry out “permitting” functions regarding the admission of business entities (their goods) to the commodity market;

Establish a procedure for administrative appeal against actions (inaction) of state authorities and local self-government related to violation of the procedure for exercising powers in the field of construction and land relations;

Establish the obligation of the developer to obtain an opinion on draft acts of federal authorities, government authorities of constituent entities of the Russian Federation, draft federal laws regarding the impact of such acts on the state of competition in markets in the Russian Federation;

To ensure the transfer to the category of free public services, the provision of which is a necessary condition for doing business, to ensure the suppression of the unjustified imposition of additional services;

Improve the mechanisms of interaction between federal executive authorities and the business community, the expert community and civil society organizations within the framework of the Open Government system on the basis of the Competition Council, public advisory and expert councils under the FAS Russia;

Create a mechanism for interaction between antimonopoly authorities and the institution of the Commissioner for the Protection of the Rights of Entrepreneurs at the federal and regional levels, including within the framework of the activities of the Competition Council under the FAS Russia and public advisory councils under the territorial bodies of the FAS Russia.

3.1.4. Implementation of measures aimed at improving the mechanism for providing government preferences:

Ensure transparency of the mechanism for providing state or municipal preferences by publishing information about preferences on the websites of government agencies and in the federal information system "Electronic budget"on the Internet;

Simplify the procedure for providing and increase the availability of state or municipal support for business entities by canceling preliminary approval and notifying the antimonopoly authority about the provision of preferences;

Develop quantitative and qualitative indicators of preferences and criteria for assessing the impact of preferences on the competitive environment;

Develop and implement a methodology for assessing the impact of government preferences on the state of the competitive environment, taking into account the tasks of socio-economic development of the Russian Federation and constituent entities of the Russian Federation in the field of development of innovation, investment activities, support for the implementation of infrastructure projects;

Introduce responsibility of authorities for monitoring the use of state or municipal preferences and mandatory reporting by an economic entity for the use of preferences;

Provide methodological support in the field of provision and control of the use of state and municipal preferences by developing “guidelines”, creating on the service’s website a permanent section on antimonopoly control of state and municipal preferences with sections “question-answer”, “best/worst practices” in the field of providing preferences.

IV. Ensuring non-discriminatory access of consumers to the services of natural monopolies, formation of effective tariff setting mechanisms

4.1.1. Stimulating reduction of prices for services of natural monopolies, improving the quality of such services and their availability:

Abolish the federal law “On Natural Monopolies” and introduce into the Law on the Protection of Competition provisions providing for the specifics of state regulation of the activities of natural monopolies;

To legislate modern methods of tariff regulation of the activities of natural monopolies;

In the field of heat supply, carry out pricing based on the tariff calculated for the reference (cheapest) sources of thermal energy and heating networks;

Create legal and economic guarantees of accessibility of services of natural monopolies for consumers;

Create legal and economic guarantees for the quality of services of natural monopolies;

Introduce into industry legislation norms that reflect the specifics of regulation of individual markets;

Abolish tariff regulation in sectors of the economy that have entered a competitive state.

4.1.2. Increasing the efficiency of reforming natural monopolies:

Develop proposals to the Government of the Russian Federation on reforms in the sphere railway transport and electric power industry, as well as on the introduction of pro-competitive incentive regulation in the electricity and postal communications industries;

To promote the approval of rules of non-discriminatory access in the areas of operation of natural monopolies:

Port services;

Postal services;

Telecommunications;

Transport terminals;

Eliminate regulated tariffs in sectors of the economy in which competition between market participants arises.

4.1.3. Increasing the transparency of procurement carried out by natural monopolies in order to reduce costs and increase the efficiency of using limited resources:

Amend Federal Law No. 223-FZ "On the procurement of goods, works, services of certain types legal entities"and others regulations Russian Federation in terms of:

Concretization of concepts and more detailed regulation of procedures for the procurement of goods, works, services by subjects of natural monopolies, state corporations and business entities controlled by the state (following the example of the legislation on public procurement);

produced or sold by subjects of natural monopolies, as well as to infrastructure facilities used by subjects of natural monopolies directly to provide services in the field of activity of natural monopolies, and monitoring their use.

V. Creating conditions for effective competition when placing state and municipal orders and selling state property at auction

The implementation of the norms of the legislation of the Russian Federation on the placement of state orders had a positive impact on the development of competition, ensured openness and publicity of procurement procedures and the involvement of a wide range of people to participate in them, opened up the opportunity for unhindered participation in tenders, including for small and medium-sized businesses, and, as a result, results in efficient spending of budget funds.

However, there is a need further development and improving procedures for placing government orders, eliminating existing barriers in order to attract even more business entities to this area, optimizing time and material costs for participation in tenders, expanding the possibilities of using electronic forms of order placement.

5.1. Development and improvement of mechanisms for placing government orders:

Introduce an information and analytical system that allows for real-time collection and analysis of data on public procurement and operations for the sale of state property;

Amend the Decree of the Government of the Russian Federation of September 10, 2009 N 722 “On approval of the Rules for evaluating applications for participation in a competition for the right to conclude a state or municipal contract for the supply of goods, performance of work, provision of services for state or municipal needs” in order to reduce the importance of subjective criteria when evaluating applications;

Expand the list of products consumed for defense needs, the purchase of which is carried out through open auctions;

Introduce mechanisms to detect plagiarism when carrying out research work under government contracts;

To legislate at the level of federal laws the obligation to post on the Torgi ru website information about the sale of state property and resources of all types that are in state ownership;

Stimulate the involvement of small and medium-sized businesses in the implementation of government orders;

Enter electronic form open competition.

The implementation of the considered areas of activity of the service within the framework of the identified priorities will significantly improve the quality of antimonopoly regulation in Russia, as well as improve the investment climate in the Russian Federation. Consistent solution of the tasks of the strategy for the development of antimonopoly regulation in the Russian Federation should ensure the achievement of the following results:

Creating conditions for dynamic development key sectors economy of the Russian Federation;

Reducing administrative pressure on the functioning of markets from government authorities;

Increasing the efficiency of functioning of natural monopolies.

The Zakonbase website presents the "STRATEGY FOR THE DEVELOPMENT OF COMPETITION AND ANTI-MONOPOLY REGULATION IN THE RUSSIAN FEDERATION FOR THE PERIOD 2013 - 2024." (approved by the Presidium of the FAS RF on July 3, 2013) in the most latest edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

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