Persons are admitted to a meeting of the Commission upon presentation of an identification document.
3.29. The consideration of the complaint by the Commission is carried out in the presence of the applicant, the Customer, the operator of the electronic platform, interested parties and other persons who have expressed a desire to attend the meeting of the Commission.
Experts, representatives of government bodies, witnesses (persons who may know the circumstances related to the consideration of the complaint) (hereinafter referred to as the “involved persons”) may be involved in the consideration of the complaint.
If, when considering a complaint and conducting an unscheduled inspection, signs of violation of the legislation of the Russian Federation and other regulatory legal acts of the Russian Federation on the placement of orders by authorized federal executive authorities for the creation, maintenance, development and maintenance of the official website are revealed, an organization providing maintenance and maintenance services official website by the federal executive body maintaining the register of contracts, then an unscheduled inspection is carried out in relation to the actions (inaction) of these persons with their notification of the unscheduled inspection.
If one of the parties or several parties is absent from the Commission meeting, the Commission meeting may be postponed to a later date. When the date of consideration of a complaint is postponed, the period for its consideration is not extended and cannot be more than five working days from the date of its receipt. If it is impossible to postpone the consideration of the complaint, the Commission is obliged to consider the complaint and make a decision, including in the absence of one of the parties or several parties.
Abuse of dominant market position
According to Art. 1 of Federal Law No. 89-FZ of June 24, 1998, a regional MSW management operator is a legal entity obligated to enter into an agreement for the provision of relevant services with the owner of the waste. A person is recognized as a registrar operator on the basis of a competitive selection in a constituent entity of the Russian Federation (Part 4 of Article 24.6 No. 89-FZ).
The rules for the management of MSW were approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156. They provide for the conclusion of an agreement for the provision of services for the management of MSW only with a reoperator in whose area of activity there are places and sites for their accumulation (clause 5 of Rules No. 1156).
Therefore, the position of the reoperator is considered dominant (Part 1, Article 5 No. 135-FZ). It has a decisive influence on the general conditions of the market for MSW management services and can eliminate other entities from it and complicate access to it.
A meeting of the commission is considered valid if more than half of the members of the commission are present.
Consideration of a complaint by the Commission at a closed meeting is permitted in cases where an open meeting may lead to the disclosure of state secrets, in other cases provided for by federal law.
An audio recording is made of the Commission meeting, which must be kept for at least three years. Any person present at a meeting of the Commission has the right to make audio and video recordings of the meeting of the Commission, having previously notified the Commission.
Immediately before considering the complaint, the Commission checks the credentials of the applicant, the Customer, the operator of the electronic platform, and interested parties present at the consideration of the complaint. If the powers of these persons are not properly confirmed, such persons have the right to attend the meeting of the Commission without the right to give explanations on the merits of the complaint.
Algorithm for filing complaints to the FAS
The step-by-step algorithm for a complaint to the FAS looks like this:
- Once a violation of fair competition laws has been identified, or if a violation is suspected, all possible evidence should be collected. Without strong evidence that you are right, your appeal may remain without consequences.
- Next, you need to file an official complaint addressed to the violator - this way you will have confirmation of attempts to resolve the conflict out of court.
- If attempts to reach an agreement with a violator of fair trade rules do not lead to anything, a complaint is sent to the supervisory government agency at the place of residence of the applicant.
- When the territorial office was unable to resolve the problem, the appeal is sent to the reception of the Central Antimonopoly Agency.
- After a certain time after receiving the complaint, FAS employees are obliged to take measures to eliminate existing violations.
An unscheduled inspection is carried out simultaneously with the consideration of the complaint.
At the same time, the compliance of all actions (inactions) of the Customer, the operator of the electronic site, including those not specified in the complaint, as well as all documents on the organization and conduct of tenders or request for quotations related to placing the order that is the subject of the complaint, with the requirements of the legislation of the Russian Federation and other regulatory legal acts of the Russian Federation on placing orders.
3.33. When considering a complaint and during an unscheduled inspection, the Commission hears explanations from the parties, interested and involved persons, and also transmits copies of explanations and objections to the complaint, submitted in writing, to representatives of the parties and interested parties present at the meeting of the Commission, and requests the necessary documents for review . The commission has the right to receive explanations from the parties, interested and involved persons on the facts set out in the complaint, as well as other issues related to the placement of the order, and take other actions aimed at comprehensively considering the complaint and conducting an unscheduled inspection.
3.34. The Commission, at the request of persons involved in considering the complaint and conducting an unscheduled inspection, or on its own initiative, may announce a break in the meeting of the Commission. It must be taken into account that the complaint must be considered within a period not exceeding five working days from the date of its receipt by the supervisory authority. Announcing a break for a period that would result in the total period for consideration of the complaint exceeding five working days is not permitted.
When a break is announced, persons present at a meeting of the Commission are informed of the date, time and place of the continuation of the meeting of the Commission. After the end of the break, the meeting of the Commission continues from the moment at which the meeting was interrupted.
If, after the end of the break, the composition of the Commission has changed or one of the parties (the Customer, the operator of the electronic platform, the applicant) who were absent from the meeting before the break was announced, appears at the meeting of the Commission, then the consideration of the complaint and the unscheduled inspection begins anew.
How and where to contact?
You can complain to the FAS orally, in writing and through electronic means of communication. A complaint can be filed with the OFAS either to the territorial office or directly to the central office.
Personal appeal
To contact the FAS in person, you must make an appointment by phone. Telephone number of the public reception in the central office of the FAS: +7(499) 755-23-23. You can get advice on the same measure, as well as find out the status of an application that has already been submitted. Address of the central office: 125993, Moscow, st. Sadovaya-Kudrinskaya, 11, D-242, GSP-3.
Information about the territorial bodies of the FAS can be found here.
It is better to come to a personal meeting with a written complaint. Then there will be no doubt that the antimonopoly service officer will correctly record the application and that it will not be lost. It is necessary to prepare two copies of the application. One copy of the application remains at the reception; the second copy must be marked by the secretary indicating acceptance of the complaint and the date.
Sending by mail
By mail, the application must be sent by registered mail with return receipt requested. Next, you should wait for the return receipt, which will indicate the date of receipt of the complaint. It is from this date that the period for consideration of the application is considered.
You should send an appeal to the central office of the FAS at the address: 125993, Moscow, st. Sadovaya-Kudrinskaya, 11, D-242, GSP-3. The addresses of FAS territorial bodies can be found here.
Via email
The central branch of the FAS has an official email address. Appeals received at this address are considered on the same basis as written ones. The only condition is that the size of the letter with attachments should not exceed 8 MB.
In the same way, you can write an application to the FAS online and to territorial offices. The email address of interest can be found on the website of the relevant department.
A list of regional FAS websites is here.
Via the form on the website
For the convenience of citizens, the FAS website has an electronic application form through which you can write to the FAS both through the central office and to any regional branch of the FAS.
Any documents can be attached to the complaint, and it is also possible to create a collective complaint.
Through the government services portal
The State Services website also has an electronic form for applying to the FAS. To use it, you will need to log in to the site, but you can save time on entering personal data. The procedure for contacting the FAS through government services is the same as through the website of the regional office.
How complaints were handled remotely during the first wave of quarantine
On 04/08/2020, the Federal Antimonopoly Service announced that meetings of complaint review commissions are being postponed for the maximum period possible under the law. But through video conferencing systems or online video communication programs, cases that cannot be postponed are considered (for example, if they need to be considered before 04/30/2020). They remotely organize the work of commissions on complaints about procurement under Laws No. 44 and No. 223 and conduct industry tenders. Read more about other measures in connection with the high alert regime due to coronavirus in the article “High alert regime in procurement: new rules due to coronavirus.”
This is a temporary measure during the spread of coronavirus infection. The Office will notify participants in proceedings about the new format and dates for consideration of cases.
On 04/03/2020, the FAS published a letter in which it indicated that until 04/30/2020, remote consideration of complaints, unscheduled inspections, and consideration of applications for inclusion in the register of unscrupulous suppliers are carried out exclusively remotely, without the in-person participation of representatives of the subject of control and applicants. The video conference takes place in a browser on a web video conference portal. FAS specialists have prepared instructions for connecting to video communication systems. A person who has received an invitation from the regulatory authority becomes a participant in the video conference. Here is a step-by-step algorithm:
Step 1. The participant receives an invitation in the form of a link.
Step 2. The participant must prepare technical means - a wired headset or microphone built into the camera or laptop. As soon as you stop talking, turn off the microphone.
Step 3. To connect to the conference, follow the FAS link (https://vcs01fas.cloud.rt.ru/service/chconf_type). The conference ID and PIN code are entered automatically. You need to enter your first name, last name and organization name.
IMPORTANT!
Due to the load, the service is unstable! If the page does not open, please check back later. Alternative link: https://videomost.lenreg.ru/service/chconf_type.
Step 4. Click “Enter Meeting”.
Step 5. If this is your first time participating in a video conference, the system will automatically begin installing the VideomostLite client service. Download and install this application. For those who have already participated in remote proceedings, re-installation of the program will not be required.
Step 6. Let's move on to setting up the equipment. Open the settings menu in the lower right corner of the screen.
Select the device and check the operation of the headset.
Step 7. Set up the camera. We enable the “Autofocus” and Fallow my face options to improve the image.
Step 8. Turn on or off the camera and microphone. To do this, press the buttons in the upper left corner of the screen.
Step 9. Open the document or desktop display function. Do this in the “Screen sharing” block. Only one conference participant can view the document at a time.
Here are instructions on how to connect to FAS video communication from a tablet or smartphone.
Follow the invitation link. Open the page in your browser.
The program with the Videomost application will redirect you to the App Store or Google Play.
Install and open the service. Enter your first name, last name, and organization name. Log in and take part in the conference.
Actions of the guilty person
An organization that has violated the rules and regulations is obliged to obtain a resolution from the FAS and eliminate all errors within a specified period. The next step is drawing up and sending a report on the implementation of the order. Along with the notification letter, accompanying documentation is also provided. As an example - a protocol on the cancellation of the protocol based on the FAS order, a copy of the updated version of the procurement documentation or completely new order documents. The supervisory authority requires all documents confirming the fact that instructions have been followed.
If the deadlines are violated, the performers receive a fine. Sanctions are determined according to Part 7 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation both for specific officials (50,000 rubles) and for an organization (500,000 rubles). Let's say the customer was ordered to correct the recording documents. Here are universal instructions on how to cancel protocols as prescribed by the Federal Antimonopoly Service:
- Study the prescription.
- Determine the possibility of appeal (this is done in court within three months after receiving the order).
- If there are no grounds for appeal, then follow these steps - enter the UIS and cancel the registers.
- Confirm the completion of actions (generate a report).
- Notify the Antimonopoly Service.
If the organization repeats a similar violation, the FAS will initiate disqualification of the guilty person for a period of one year.
Changes to the essential terms of a standard contract with a consumer
According to Part 4 of Art. 24.7 No. 89-FZ, waste owners are required to enter into an agreement with the regional operator for the provision of services for the management of MSW. For him, the contract is public: he has no right to refuse the consumer its conclusion.
In accordance with Part 5 of Art. 24.7 No. 89-FZ, such an agreement is concluded in a standard form approved by the RF Government No. 1156. It can be supplemented by agreement of the parties with other provisions that do not contradict the law.
As the FAS Russia notes, the mere inclusion by the reoperator of conditions in the contract that are not provided for in the standard form is not a violation of antimonopoly legislation if these conditions are agreed upon by the parties and relate to the goals and subject of the contract.
A violation may occur when he excludes essential terms from the document or changes them. Even if such an agreement was signed without objections from the counterparty and is being executed, the territorial departments of the FAS have the right to classify the behavior of the registrar as abuse (clause 15 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 4, 2021 No. 2, decision of the Federal Antimonopoly Service for the Kurgan Region dated July 21, 2020).
Who should clean the container site on a registered MKD site?
