April 15, 2019, The President of Russia signed the Federal Law banning the placement of hotels in apartment buildings Federal Law of April 15, 2019 No. 59-FZ. The Federal Law introduces an amendment to the Housing Code, according to which, from October 1, 2019, the placement of hotels in residential premises is not allowed. It is also established that residential premises in an apartment building cannot be used to provide hotel services.

April 15, 2019 , Housing and communal services The President of Russia signed the Federal Law on changing the procedure for allocating funds for major repairs Federal Law of April 15, 2019 No. 60-FZ. The federal law improves the procedure for placing in a special account, account, accounts of the regional operator the funds received by it, both forming the capital repair fund and not related to this fund.

April 15, 2019, Budgets of the constituent entities of the Federation. Interbudgetary relations The President of Russia signed the Federal Law developed by the Government on changes in the procedure for administering budget revenues at all levels from fines, penalties, and penalties Federal Law of April 15, 2019 No. 62-FZ. The draft federal law was submitted to the State Duma by Government Order No. 1287-r dated June 27, 2018. The federal law is aimed at resolving issues related to the inclusion in budget revenues of all levels of fines, penalties, penalties under civil contracts, as well as payments paid for the purpose of voluntary compensation for damage caused to state or municipal property, or harm caused to the environment .

April 15, 2019, Taxes and non-tax payments. Financial reporting and audit The President of Russia signed the Federal Law on Amendments to the Legislation on Taxes and Fees Federal Law of April 15, 2019 No. 63-FZ. The federal law introduced comprehensive changes to the Tax Code. In particular, for individuals engaged in entrepreneurial activities without forming a legal entity, a procedure is established for calculating amounts of personal income tax based on actual income received, professional and standard tax deductions.

April 1, 2019, Federal contract system. Government procurement The President of Russia signed the Federal Law developed by the Government on improving the control system in the field of public procurement Federal Law of April 1, 2019 No. 50-FZ. The draft federal law was submitted to the State Duma by Government Order No. 1893-r dated September 8, 2018. The federal law is aimed at increasing the efficiency of control in the field of procurement, including by ensuring the unity of law enforcement practice when control bodies exercise their powers both at the federal and regional levels.

April 1, 2019, Pension provision The President of Russia signed the Federal Law developed by the Government on increasing material support for non-working pensioners Federal Law of April 1, 2019 No. 49-FZ. The draft federal law was submitted to the State Duma by Government Order No. 343-r dated February 28, 2019. The federal law is aimed at increasing the level of material security for pensioners and determines the procedure for paying indexation amounts of insurance pensions, state pensions and monthly cash payments in excess of the pensioner's subsistence level established in the constituent entity of the Federation.

April 1, 2019, Pension provision The President of Russia signed the Federal Law developed by the Government on improving personalized accounting in the compulsory pension insurance system Federal Law of April 1, 2019 No. 48-FZ. The draft federal law was submitted to the State Duma by Government Order No. 884-r dated May 13, 2016. The federal law is aimed at ensuring the possibility of using information about persons who are subject to compulsory pension insurance, not only for the purpose of exercising their rights in the compulsory pension insurance system, but also for the purpose of providing them with state and municipal services.

April 1, 2019, Changes in legislation on criminal liability The President of Russia signed the Federal Law on toughening criminal liability for members of criminal communities Federal Law of April 1, 2019 No. 46-FZ. The federal law introduces amendments to the Criminal Code and the Criminal Procedure Code in order to improve criminal legislation and tighten criminal liability for organizers, leaders and other participants in criminal communities.

April 1, 2019, Federal Property Management The President of Russia signed the Federal Law developed by the Government on improving the mechanism for the sale by subjects of the Federation of privatized property in electronic form Federal Law of April 1, 2019 No. 45-FZ. The draft federal law was submitted to the State Duma by Government Order No. 2167-r dated October 10, 2018. The federal law is aimed at improving the procedure for privatization of state and municipal property.

March 18, 2019, Russia's participation in multilateral agreements, international organizations and associations (except the CIS) The President of Russia signed the Federal Law developed by the Government on changes in the legal regulation of the activities of Russian operators in Antarctica Federal Law of March 18, 2019 No. 41-FZ. The draft federal law was submitted to the State Duma by Government Order No. 1854-r dated September 5, 2018. The federal law provides for the conduct of national inspections - actions to identify violations of the requirements and conditions established by the permit to carry out activities in Antarctica.

March 18, 2019, Selected issues of national defense The President of Russia signed a Federal Law on clarifying the procedure for granting the right to a deferment from conscription for military service Federal Law of March 18, 2019 No. 39-FZ. The federal law was prepared in pursuance of the decisions of the Constitutional Court of the Russian Federation dated April 17, 2018 No. 15-P and May 22, 2018 No. 19-P. The federal law, in particular, establishes that citizens who have used the right to a deferment from conscription for military service when studying in educational programs of secondary general education and bachelor's programs will be given a deferment from conscription for military service for studying in master's programs, and citizens who have used the right to a deferment from conscription for military service when studying educational programs of secondary general education; a deferment from conscription for military service will be provided for studying in educational programs of secondary vocational education.

March 18, 2019, Trade regulation. Consumer protection The President of Russia signed the Federal Law on improving legislation in the field of consumer protection Federal Law of March 18, 2019 No. 38-FZ. The Federal Law, in particular, establishes that receiving consumer requests and advising consumers on the protection of their rights can be carried out by multifunctional centers for the provision of state and municipal services. In order to promote the protection of consumer rights, executive authorities of the constituent entities of the Federation will have to develop regional programs for the protection of consumer rights and provide assistance to local governments and public consumer associations (their associations, unions).

March 18, 2019, Maternity capital The President of Russia signed the Federal Law developed by the Government on strengthening control over the spending of maternity capital funds to improve housing conditions Federal Law of March 18, 2019 No. 37-FZ. The draft federal law was submitted to the State Duma by Government Order No. 2222-r dated October 13, 2018. Federal law, as a basis for refusing to citizens entitled to receive maternity capital funds, the disposal of these funds includes the presence of information on the recognition of the residential premises, the acquisition of which is planned using maternity capital funds, as unsuitable for living or on the recognition of the apartment building in which it is located. This is a residential premises that is in disrepair and subject to demolition or reconstruction.

March 18, 2019, Older generation The President of Russia signed the Federal Law on the right of citizens of pre-retirement age to receive alimony Federal Law of March 18, 2019 No. 35. The changes made to the legislation are aimed at ensuring the rights of citizens of pre-retirement age in the field of alimony relations in connection with raising the retirement age. In accordance with the Federal Law, the right of disabled adults in need of help, as well as the right of a former spouse in need of help who has reached retirement age, to alimony extends to women who have reached the age of 55 years and to men who have reached 60 years of age.

March 18, 2019, Civil law issues The President of Russia signed the Federal Law on the Legal Regulation of Digital Rights Federal Law of March 18, 2019 No. 34-FZ. The federal law introduced changes to the Civil Code regarding the regulation of digital rights. At the same time, digital rights are recognized as obligations and other rights named as such in the law, the content and conditions for the implementation of which are determined in accordance with the rules of the information system that meets the criteria established by law. Exercise, disposal, including transfer, pledge, encumbrance of digital rights in other ways or restriction of disposal of digital rights are possible only in the information system without recourse to a third party.

March 18, 2019, The President of Russia signed the Federal Law developed by the Government on improvements in the field of combating legalization of proceeds from crime Federal Law of March 18, 2019 No. 33-FZ. The draft federal law was submitted to the State Duma by Government Order No. 2250-r dated October 14, 2017. Federal law, in particular, the requirements established for the hiring and servicing of public officials, applies to lawyers, notaries and persons engaged in business activities in the field of providing legal or accounting services, in cases where they prepare or conduct on behalf of or on behalf of on behalf of his client certain transactions with funds or other property.

March 18, 2019, Financial monitoring. Regulation of cross-border financial movement The President of Russia signed the Federal Law developed by the Government aimed at improving the mechanisms of electronic interaction in the financial market Federal Law of March 18, 2019 No. 32-FZ. The draft federal law was submitted to the State Duma by Government Order No. 1616-r dated July 28, 2017. The Federal Law grants organizations carrying out transactions with funds or other property that are members of one banking group or one banking holding company, for the purpose of identifying a client, client representative, beneficiary and beneficial owner, updating information about them, the right to exchange received information and documents and their use in the manner established by the targeted internal control rules for combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.

March 18, 2019, Fire safety The President of Russia signed the Federal Law developed by the Government on administrative responsibility for insufficient involvement of forces and resources in extinguishing forest fires Federal Law of March 18, 2019 No. 29-FZ. The draft federal law was submitted to the State Duma by Government Order No. 1197-r dated June 16, 2018. The federal law establishes administrative liability for failure to implement measures provided for by the consolidated plan for extinguishing forest fires on the territory of a constituent entity of the Federation.

March 18, 2019 , Housing and communal services The President of Russia signed the Federal Law developed by the Government on the procedure for considering administrative cases of violation of business rules for the management of apartment buildings Federal Law of March 18, 2019 No. 26-FZ. The draft federal law was submitted to the State Duma by Government Order No. 1998-r dated September 19, 2017. The Federal Law supplements the Code of Administrative Offenses with rules providing for administrative liability for business activities related to the management of apartment buildings in gross violation of licensing requirements.

1

RUSSIAN FEDERATION

FEDERAL LAW

ABOUT MAKING CHANGES

IN THE FEDERAL LAW "ON PROTECTION OF COMPETITION" AND SEPARATE

LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION

State Duma

Federation Council

Introduce into the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition” (Collection of Legislation of the Russian Federation, 2006, N 31, Art. 3434; 2007, N 49, Art. 6079; 2008, N 18, Art. 1941 ; N 27, art. 3141; 29, art. 3610, art. 6455; ; N 49, art. 6409; N 10, art. 3873, 3880;

1) Part 2 of Article 3 should be stated as follows:

"2. The provisions of this Federal Law apply to agreements reached outside the territory of the Russian Federation between Russian and (or) foreign persons or organizations, as well as to actions taken by them, if such agreements or actions have an impact on the state of competition on the territory of the Russian Federation." ;

2) in article 4:

a) paragraph 5 should be stated as follows:

"5) economic entity - a commercial organization, a non-profit organization carrying out activities that generate income for it, an individual entrepreneur, another individual not registered as an individual entrepreneur, but carrying out professional activities that generate income, in accordance with federal laws on the basis of state registration and (or) licenses, as well as by virtue of membership in a self-regulatory organization;";

b) paragraph 6 after the words “credit organization,” add the words “microfinance organization,”;

c) paragraph 14 should be stated as follows:

"14) coordination of economic activities - coordination of the actions of economic entities by a third party who is not part of the same group of persons with any of such economic entities and does not carry out activities in the product market on which the actions of economic entities are coordinated. The actions of economic entities do not constitute coordination of economic activities subjects carried out within the framework of “vertical” agreements;";

d) paragraph 17 should be stated as follows:

"17) signs of restriction of competition - a reduction in the number of economic entities not included in one group of persons on the goods market, an increase or decrease in the price of goods not associated with corresponding changes in other general conditions for the circulation of goods on the goods market, refusal of economic entities not included in one group of persons, from independent actions on the commodity market, determination of the general conditions for the circulation of goods on the commodity market by agreement between economic entities or in accordance with the instructions of another person that are binding on them, or as a result of agreement by economic entities not included in the same group of persons on their actions on the commodity market, other circumstances that create the opportunity for an economic entity or several economic entities to unilaterally influence the general conditions of circulation of goods on the commodity market, as well as establishment by state authorities, local governments, organizations participating in the provision of state or municipal services, when participating in the provision of such services, there are requirements for goods or business entities not provided for by the legislation of the Russian Federation;";

e) paragraph 19 should be stated as follows:

"19) "vertical" agreement - an agreement between business entities, one of which purchases goods, and the other provides (sells) the goods. An agency agreement is not a "vertical" agreement;";

f) paragraph 20 should be supplemented with the words “state or municipal guarantees”;

g) add paragraph 22 with the following content:

"22) a person who is the object of economic concentration - a person whose shares (shares), assets, fixed production assets and (or) intangible assets are acquired or contributed to the authorized capital, and (or) a person in respect of whom the rights are acquired in accordance with the procedure established by Chapter 7 of this Federal Law.";

3) Article 5 shall be supplemented with part 9 as follows:

"9. The time interval for analyzing the state of competition is determined depending on the purpose of the study, the characteristics of the product market and the availability of information. The shortest time interval for analyzing the state of competition in order to establish the dominant position of an economic entity should be one year or the period of existence of the product market, if it is less than one year.";

4) article 6:

"5. The price of a product is not considered monopolistically high if it is set on the stock exchange and the following conditions are simultaneously met:

1) the volume of goods sold on the exchange, produced and (or) sold by an economic entity occupying a dominant position in the relevant product market, is no less than the amount established by the federal antimonopoly body and the federal executive body that carries out legal regulation of the field of activity to which refers to the production of the relevant product;

2) transactions are concluded by an economic entity occupying a dominant position in the relevant commodity market during exchange trading that meets the requirements determined by the federal antimonopoly body and the federal executive body that carries out legal regulation of the field of activity to which the production of the relevant product relates, in including requirements for the minimum number of participants in exchange trading during a trading session;

3) an economic entity occupying a dominant position in the relevant product market, accredited and (or) participating in trading (including by submitting applications for participation in trading to a broker, brokers), provides the exchange with a list of affiliated persons in the manner established by the federal antimonopoly body;

4) the actions of an economic entity occupying a dominant position in the relevant product market and (or) its affiliates do not relate to market manipulation;

5) sales of goods on the exchange by an economic entity occupying a dominant position in the relevant commodity market are carried out regularly with an even distribution of the volume of goods across trading sessions during the calendar month. The Government of the Russian Federation has the right to determine criteria for the regularity and uniformity of the sale of goods on the exchange for individual commodity markets;

6) an economic entity occupying a dominant position in the relevant commodity market registers over-the-counter transactions for the supply of goods traded on such a commodity market, in cases and in the manner established by the Government of the Russian Federation;

7) the minimum size of an exchange lot does not prevent access to the relevant commodity market;

8) sales of goods by an economic entity occupying a dominant position in the relevant commodity market are carried out on an exchange that complies with the requirements of the legislation of the Russian Federation on organized trading, including requirements for maintaining the confidentiality of information about persons who submitted relevant applications for participation in trading, including by submitting such requests to the broker, brokers.";

"6. The price of a product established taking into account the specifics of the formation of the starting price for products when selling them on the stock exchange, agreed with the antimonopoly authority, is not recognized as monopolistically high.";

c) add part 7 with the following content:

"7. The price of a product is not recognized as monopolistically high if it does not exceed the price set on the exchange in compliance with the conditions provided for in parts 5 and 6 of this article, and at the same time the economic (commercial) terms of the transaction are comparable in quantity and (or) volume of goods supplied goods, deadlines for fulfilling obligations, payment terms usually applied in transactions of this type, as well as other reasonable conditions that may affect the price.";

d) add part 8 with the following content:

"8. When determining the monopoly high price of a product in accordance with Part 1 of this article, exchange and over-the-counter price indicators established on world markets for similar goods are taken into account.";

5) Article 8 should be stated as follows:

"Article 8. Concerted actions of economic entities

1. Concerted actions of economic entities are the actions of economic entities on the product market in the absence of an agreement, satisfying the totality of the following conditions:

1) the result of such actions corresponds to the interests of each of the specified economic entities;

2) the actions are known in advance to each of the economic entities participating in them in connection with the public statement of one of them about the commission of such actions;

3) the actions of each of these economic entities are caused by the actions of other economic entities participating in concerted actions, and are not a consequence of circumstances that equally affect all economic entities in the relevant product market. Such circumstances, in particular, may be a change in regulated tariffs, a change in prices for raw materials used to produce a product, a change in prices for a product on world commodity markets, a significant change in demand for a product for at least one year or during the life of the relevant product. market, if this period is less than one year.

2. The performance by persons specified in part 1 of this article of actions under an agreement does not relate to concerted actions, but is an agreement.”;

6) Article 9 should be stated as follows:

"Article 9. Group of persons

1. A group of persons is a set of individuals and (or) legal entities that meet one or more of the following criteria:

1) a business entity (partnership, business partnership) and an individual or legal entity, if such an individual or such legal entity has, by virtue of its participation in this business entity (partnership, business partnership) or in accordance with the powers received, including including, on the basis of a written agreement, from other persons, more than fifty percent of the total number of votes attributable to voting shares (shares) in the authorized (share) capital of this business entity (partnership, business partnership);

2) a business company (partnership, economic partnership) and an individual or legal entity, if such an individual or such legal entity performs the functions of the sole executive body of this business company (partnership, economic partnership);

3) a business company (partnership, business partnership) and an individual or legal entity, if such an individual or such legal entity is based on the constituent documents of this business company (partnership, business partnership) or concluded with this business company (partnership, business partnership) agreement has the right to give this business entity (partnership, business partnership) mandatory instructions;

4) a business company (partnership, business partnership), in which more than fifty percent of the quantitative composition of the collegial executive body and (or) board of directors (supervisory board, fund board) are the same individuals;

5) a business company (economic partnership) and an individual or legal entity, if, at the proposal of such an individual or such legal entity, the sole executive body of this business company (economic partnership) has been appointed or elected;

6) a business company and an individual or legal entity, if, at the proposal of such an individual or such a legal entity, more than fifty percent of the quantitative composition of the collegial executive body or the board of directors (supervisory board) of this business company was elected;

7) an individual, his spouse, parents (including adoptive parents), children (including adopted children), full and half brothers and sisters;

8) persons, each of whom, according to any of the characteristics specified in paragraphs 1 - 7 of this part, is included in a group with the same person, as well as other persons who, with any of such persons, are included in a group according to any of the specified in paragraphs 1 - 7 of this part the sign;

9) a business company (partnership, business partnership), individuals and (or) legal entities that, according to any of the characteristics specified in paragraphs 1 - 8 of this part, are included in a group of persons, if such persons, by virtue of their joint participation in this business company (partnership, business partnership) or in accordance with the powers received from other persons, have more than fifty percent of the total number of votes attributable to voting shares (shares) in the authorized (share) capital of this business company (partnership, business partnership) .

2. Prohibitions on actions (inaction) on the commodity market of an economic entity established by antimonopoly legislation apply to actions (inaction) of a group of persons, unless otherwise established by federal law.";

7) in article 10:

a) part 1 shall be supplemented with paragraph 11 as follows:

“11) manipulation of prices in the wholesale and (or) retail markets for electrical energy (power).”;

b) in part 3:

"3. In order to prevent the creation of discriminatory conditions, rules for non-discriminatory access to commodity markets and (or) to goods produced or sold by natural monopolies, the regulation of whose activities is carried out in accordance with the Federal Law dated August 17, 1995 N 147-FZ "On Natural Monopolies", as well as to infrastructure facilities used by these subjects of natural monopolies directly to provide services in the areas of activity of natural monopolies. The specified rules must contain: ";

"1) a list of goods, infrastructure facilities to which non-discriminatory access is provided;";

"8) conditions of access to the commodity market, and (or) to goods, and (or) to infrastructure facilities of economic entities specified in paragraph one of this part, and in established cases, requirements for the implementation of technological and (or) technical measures, including number at technological connection;";

8) Article 11 should be stated as follows:

1. Agreements between economic entities-competitors, that is, between economic entities selling goods on the same product market, are recognized as a cartel and prohibited, if such agreements lead or may lead to:

5) refusal to enter into contracts with certain sellers or buyers (customers).

2. “Vertical” agreements between business entities are prohibited (with the exception of “vertical” agreements that are recognized as permissible in accordance with Article 12 of this Federal Law) if:

1) such agreements lead or may lead to the establishment of a resale price for the goods, with the exception of the case where the seller sets a maximum resale price for the goods for the buyer;

2) such agreements provide for the buyer’s obligation not to sell the goods of an economic entity that is a competitor of the seller. This prohibition does not apply to agreements on the buyer organizing the sale of goods under a trademark or other means of individualization of the seller or manufacturer.

3. Agreements between economic entities that are participants in the wholesale and (or) retail electricity (capacity) markets, commercial infrastructure organizations, technological infrastructure organizations, network organizations are prohibited if such agreements lead to price manipulation on the wholesale and (or) retail electricity markets (power).

4. Other agreements between business entities are prohibited (with the exception of “vertical” agreements, which are recognized as permissible in accordance with Article 12 of this Federal Law), if it is established that such agreements lead or may lead to a restriction of competition. Such agreements may include, in particular, agreements:

1) on imposing contract terms on the counterparty that are unfavorable for him or not related to the subject of the contract (unreasonable demands for the transfer of financial assets, other property, including property rights, as well as agreement to conclude a contract subject to the inclusion of provisions regarding goods in which the counterparty is not interested, and other requirements);

2) about economically, technologically and otherwise unjustified establishment by an economic entity of different prices (tariffs) for the same product;

3) on creating obstacles for other economic entities to access the product market or exit from the product market;

4) on establishing the conditions for membership (participation) in professional and other associations.

5. Individuals, commercial organizations and non-profit organizations are prohibited from coordinating the economic activities of business entities if such coordination leads to any of the consequences specified in parts 1 - 3 of this article, which cannot be considered acceptable in accordance with Articles 12 and 13 of this Federal Law or which are not provided for by federal laws.

6. An economic entity has the right to provide evidence that the agreements it has concluded, provided for in parts 2 - 4 of this article, can be considered admissible in accordance with Article 12 or part 1 of Article 13 of this Federal Law.

7. The provisions of this article do not apply to agreements between business entities belonging to the same group of persons, if one of such business entities has established control over another business entity or if such business entities are under the control of one person, with the exception of agreements between business entities, carrying out types of activities, the simultaneous performance of which by one economic entity is not allowed in accordance with the legislation of the Russian Federation.

8. Control in this article, in Articles 11.1 and 32 of this Federal Law means the ability of an individual or legal entity to directly or indirectly (through a legal entity or through several legal entities) determine decisions made by another legal entity through one or more of the following actions:

1) disposal of more than fifty percent of the total number of votes attributable to voting shares (shares) constituting the authorized (share) capital of a legal entity;

2) performing the functions of the executive body of a legal entity.

9. The requirements of this article do not apply to agreements on the provision and (or) alienation of the right to use the result of intellectual activity or a means of individualizing a legal entity, a means of individualizing products, works or services.";

9) add Article 11.1 with the following content:

"Article 11.1. Prohibition on concerted actions of economic entities that restrict competition

1. Concerted actions of competing economic entities are prohibited if such concerted actions lead to:

1) establishing or maintaining prices (tariffs), discounts, surcharges (surcharges) and (or) markups;

2) increasing, decreasing or maintaining prices at auctions;

3) division of the commodity market according to the territorial principle, the volume of sales or purchase of goods, the range of goods sold or the composition of sellers or buyers (customers);

4) reduction or cessation of production of goods;

5) refusal to enter into contracts with certain sellers or buyers (customers), unless such refusal is expressly provided for by federal laws.

2. Concerted actions of economic entities that are participants in the wholesale and (or) retail markets for electric energy (capacity), commercial infrastructure organizations, technological infrastructure organizations, network organizations are prohibited if such concerted actions lead to price manipulation on the wholesale and (or) retail markets electrical energy (power).

3. Other concerted actions of competing economic entities, not provided for in parts 1 and 2 of this article, are prohibited if it is established that such concerted actions lead to a restriction of competition. Such concerted actions may include actions to:

1) imposing on the counterparty terms of the agreement that are unfavorable for him or not related to the subject of the agreement (unreasonable demands for the transfer of financial assets, other property, including property rights, as well as agreement to enter into an agreement subject to the inclusion of provisions in it regarding goods in which the counterparty not interested, and other requirements);

2) economically, technologically and otherwise unjustified establishment by an economic entity of different prices (tariffs) for the same product;

3) creating obstacles for other economic entities to access the product market or exit the product market.

4. An economic entity has the right to provide evidence that the concerted actions carried out by it, provided for in parts 1 - 3 of this article, can be recognized as permissible in accordance with part 1 of article 13 of this Federal Law.

5. The prohibitions specified in this article do not apply to the concerted actions of business entities whose total share in the product market does not exceed twenty percent and, at the same time, the share of each of which in the product market does not exceed eight percent.

6. The provisions of this article do not apply to concerted actions of business entities belonging to the same group of persons, if one of such business entities has established control over another business entity or if such business entities are under the control of one person.";

10) in article 13:

a) in paragraph one of part 1, replace the words “actions provided for in part 2 of article 11” with the words “actions provided for in parts 2 - 4 of article 11, article 11.1”;

b) add part 1.1 with the following content:

"1.1. Agreements of business entities on joint activities that may lead to the consequences specified in Part 1 of Article 11 of this Federal Law may be considered admissible if such agreements do not create for individuals the opportunity to eliminate competition in the relevant product market and are not imposed on third party restrictions and the result of such agreements is or may be in the aggregate:

1) improvement of production, sale of goods or stimulation of technical, economic progress or direct investment by its participants in the territory of the Russian Federation (including the introduction of new production capacities, modernization of existing production facilities);

2) receipt by buyers of advantages (benefits) commensurate with the advantages (benefits) received by business entities as a result of actions (inactions), agreements and concerted actions, transactions.";

c) in part 2:

in paragraph one, delete the words “and concerted actions”, replace the words “specified in part 2 of Article 11” with the words “specified in parts 2 - 5 of Article 11”;

in paragraph 1, the words “or concerted action” should be deleted;

in paragraph 2, delete the words “or concerted actions”;

paragraph 4 is declared invalid;

d) in part 3, delete the words “or concerted actions”;

11) the title of Chapter 3 after the word “organizations” should be supplemented with the words “organizations involved in the provision of state or municipal services”;

12) in article 15:

a) the name after the word “organizations” should be supplemented with the words “organizations involved in the provision of state or municipal services”;

b) in part 1:

the first paragraph after the words “or organizations,” shall be supplemented with the words “organizations involved in the provision of state or municipal services”;

"7) provision of state or municipal preferences in violation of the requirements established by Chapter 5 of this Federal Law;";

add paragraphs 8 - 10 with the following content:

"8) creation of discriminatory conditions;

9) establishment and (or) collection of payments not provided for by the legislation of the Russian Federation when providing state or municipal services, as well as services that are necessary and mandatory for the provision of state or municipal services;

10) giving instructions to business entities to purchase goods, except for cases provided for by the legislation of the Russian Federation.";

13) the title of Chapter 4 should be stated as follows:

"Chapter 4. ANTI-MONOPOLY REQUIREMENTS

FOR BIDDING, REQUESTING PRICE QUOTATIONS FOR GOODS, FEATURES

CONCLUSION OF CONTRACTS WITH FINANCIAL ORGANIZATIONS AND PROCEDURES

CONCLUSION OF CONTRACTS IN RELATION TO THE STATE

AND MUNICIPAL PROPERTY";

14) in article 17:

a) the name should be supplemented with the words “request for price quotes for goods”;

b) in part 1:

the first paragraph after the word “bidding” should be supplemented with the words “request for price quotes for goods (hereinafter referred to as request for quotes)”;

clause 1, after the word “bidding”, add the words “request for quotation”;

paragraph 2, after the word “bidding”, add the words “request for quotation”, after the word “bidding” add the words “request for quotation”;

paragraph 3 should be supplemented with the words “request for quotation”;

clause 4, after the word “bidding”, add the words “request for quotation”, after the word “bidding” add the words “request for quotation”;

c) part 2 after the word “bidding” is supplemented with the words “request for quotation”, supplemented with the words “request for quotation”;

d) part 3 after the word “bidding” is supplemented with the words “request for quotation”;

e) part 4 after the word “bidding” should be supplemented with the words “request for quotation”;

15) in article 17.1:

a) in part 1:

in paragraph 3, the words “state corporations, state companies” should be deleted;

paragraph 7 should be stated as follows:

"7) for the placement of communication networks, postal facilities;";

in paragraph 12, replace the word “available” with the word “available”;

add paragraphs 14 - 16 with the following content:

"14) being part or parts of a premises, building, structure or structure, if the total area of ​​the transferred property is no more than twenty square meters and does not exceed ten percent of the area of ​​the corresponding premises, building, structure or structure, the rights to which belong to the person transferring such property;

15) the person who submitted the only application for participation in the competition or auction, if the said application meets the requirements and conditions provided for by the competition documentation or auction documentation, as well as the person recognized as the only participant in the competition or auction, on the terms and at the price, which are provided for in the application for participation in a competition or auction and the competition documentation or auction documentation, but at a price not less than the initial (minimum) price of the contract (lot) specified in the notice of the competition or auction. At the same time, for the auction organizer, the conclusion of the contracts provided for in this part in these cases is mandatory;

16) transferred for sublease or for free use by a person to whom the rights of ownership and (or) use in relation to state or municipal property were granted based on the results of an auction or in the event that such an auction is declared invalid, or in the event that these rights are granted on the basis of state or municipal contract or on the basis of paragraph 1 of this part.";

b) clause 3 of part 3 shall be supplemented with the words “, state bodies, local government bodies”;

c) part 4 is declared invalid;

d) add part 5.1 with the following content:

"5.1. In accordance with Part 6 of this article, a notice of a competition is posted no less than thirty days before the closing date for filing applications for participation in the competition, a notice of an auction is posted no less than twenty days before the closing date for submitting applications for participation in auction.";

f) add part 7 with the following content:

"7. It is not allowed to conclude contracts specified in parts 1 and 3 of this article earlier than ten days from the date of posting information about the results of the competition or auction on the official bidding website.";

g) add part 8 with the following content:

"8. When concluding and (or) executing the contracts specified in parts 1 and 3 of this article, their price may be increased by agreement of the parties in the manner established by the contract.";

h) add part 9 with the following content:

"9. Upon expiration of the lease agreement specified in parts 1 and 3 of this article, the conclusion of such an agreement for a new term with a tenant who has duly fulfilled his obligations is carried out without a competition or auction, unless otherwise established by the agreement and the validity period of the agreement is not limited by the legislation of the Russian Federation, subject to the following conditions:

1) the amount of rent is determined based on the results of an assessment of the market value of the object, carried out in accordance with the legislation regulating appraisal activities in the Russian Federation, unless otherwise established by other legislation of the Russian Federation;

2) the minimum period for which the lease agreement is renewed must be at least three years. The period can be reduced only on the basis of the tenant’s application.";

i) add part 10 with the following content:

"10. The lessor has no right to refuse the tenant to conclude a lease agreement for a new term in the manner and on the conditions specified in part 9 of this article, with the exception of the following cases:

1) adoption, in accordance with the established procedure, of a decision providing for a different procedure for disposing of such property;

2) the tenant has arrears in rent for such property, accrued penalties (fines, penalties) in an amount exceeding the amount of rent for more than one payment period established by the lease agreement.";

j) add part 11 with the following content:

"11. If the lessor refuses to conclude a lease agreement for a new term, specified in parts 1 and 3 of this article, on grounds not provided for in part 10 of this article, and concludes a lease agreement with another within a year from the date of expiration of this agreement person, the tenant who has properly fulfilled his obligations under the lease agreement has the right to demand the transfer of rights and obligations under the concluded agreement and compensation for losses caused by the refusal to renew the lease agreement with him, in accordance with civil law.";

16) Article 18 should be stated as follows:

"Article 18. Peculiarities of concluding agreements with financial organizations

1. Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, state extra-budgetary funds, regardless of the transaction amount, enter into agreements with financial organizations only based on the results of an open competition or open auction held in accordance with the provisions of the federal law on the placement of orders for supply of goods, performance of work, provision of services for state and municipal needs, for the provision of the following financial services:

1) attracting funds to deposits;

2) opening and maintaining bank accounts, making payments on these accounts;

3) services for maintaining a register of securities owners;

4) trust management of securities;

5) non-state pension provision.

2. When conducting an open competition or open auction in accordance with the requirements of this article, the federal executive body, the executive body of a constituent entity of the Russian Federation, a local government body, a state extra-budgetary fund has the right to establish requirements aimed at assessing the financial stability and solvency of a financial organization, with the exception of availability requirements:

1) certain amounts of the authorized capital, equity, assets, as well as compliance with other characteristics of the financial organization and (or) its activities in absolute terms, unless the requirement for compliance with such characteristics is established by the legislation of the Russian Federation;

3) branches, representative offices, and other structural units outside the place of provision of financial services.

3. Changes and termination of contracts for the provision of financial services concluded by federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, state extra-budgetary funds in the manner established by this article are allowed in cases and in the manner established by the Federal Law dated July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."

4. The validity period of agreements for the provision of financial services concluded in the manner established by Part 1 of this article (with the exception of non-state pension agreements) cannot be more than five years, unless otherwise provided by other federal laws.

5. Violation of the provisions of this article is grounds for the court to declare the relevant tenders or transactions concluded as a result of such tenders invalid, including at the request of the antimonopoly authority.";

17) chapter 4 should be supplemented with article 18.1 with the following content:

"Article 18.1. The procedure for consideration by the antimonopoly authority of complaints about violations of the bidding procedure and the procedure for concluding contracts

1. According to the rules of this article, the antimonopoly authority considers complaints against the actions (inaction) of the auction organizer, the operator of the electronic platform, the competition or auction commission when organizing and conducting auctions, concluding contracts based on the results of auctions, or in the event that auctions, the holding of which is mandatory in accordance with with the legislation of the Russian Federation, are declared invalid, with the exception of complaints, the consideration of which is provided for by the legislation of the Russian Federation on the placement of orders for the supply of goods, performance of work, provision of services for state and municipal needs.

2. Actions (inaction) of the auction organizer, operator of the electronic platform, tender or auction commission may be appealed to the antimonopoly authority by persons who submitted applications for participation in the auction, and if such an appeal is related to a violation of the procedure for posting information about conducting bidding, the procedure for filing applications for participation in bidding, as well as another person (applicant), whose rights or legitimate interests may be infringed or violated as a result of violation of the procedure for organizing and conducting bidding (hereinafter in this article - the applicant).

3. Appealing the actions (inaction) of the auction organizer, operator of the electronic platform, competition or auction commission to the antimonopoly authority is not an obstacle to appealing these actions (inaction) in court.

4. An appeal against the actions (inaction) of the auction organizer, the operator of the electronic platform, the competition or auction commission to the antimonopoly body in the manner established by this article is allowed no later than ten days from the date of summing up the auction results or if it is planned to post the auction results on the website in information and telecommunications network "Internet", from the date of such placement, with the exception of cases provided for by this Federal Law.

5. If the conclusion of an agreement is not carried out based on the results of the auction, or if the auction is declared invalid, an appeal against the actions (inaction) of the auction organizer, the operator of the electronic site, the competition or auction commission to the antimonopoly body in the manner established by this article is allowed within three months from the date of summing up the results of the auction or, if it is planned to post the results of the auction on a website on the Internet, from the date of such publication.

6. A complaint against the actions (inaction) of the auction organizer, operator of the electronic platform, competition or auction commission (hereinafter referred to as the complaint) is submitted in writing to the antimonopoly authority and must contain:

1) name, location, postal address, contact telephone number of the auction organizer, operator of the electronic platform, whose actions (inaction) are being appealed;

2) name, information about the location (for a legal entity), last name, first name, patronymic, information about the place of residence (for an individual) of the applicant, postal address, email address, contact telephone number, fax number;

3) an indication of the appealed auction, if posting information about the appealed auction on a website on the Internet information and telecommunications network is mandatory in accordance with the legislation of the Russian Federation, the address of the website on which it is posted;

4) an indication of the appealed actions (inaction) of the auction organizer, the operator of the electronic platform, the competition or auction commission, and the relevant arguments;

5) a list of documents attached to the complaint.

7. A complaint may be sent to the antimonopoly authority by post or fax, e-mail or other means.

8. The complaint is signed by the applicant or his representative. The complaint filed by the applicant's representative must be accompanied by a power of attorney or other document confirming the authority of the applicant's representative to sign the complaint.

9. The complaint is returned to the applicant in the following cases:

1) the complaint does not contain the information provided for in Part 6 of this article;

2) the complaint is not signed or signed by a person whose authority is not supported by documents;

3) the presence of a judicial act that has entered into legal force, which contains conclusions about the presence or absence of a violation in the complained actions (inaction) of the auction organizer, operator of the electronic platform, competition or auction commission;

4) the antimonopoly authority has made a decision regarding the appealed actions (inaction) of the auction organizer, operator of the electronic platform, competition or auction commission.

10. The decision to return the complaint can be made within three working days from the date of its receipt by the antimonopoly authority, which, on the day the decision is made to return the complaint, is obliged to inform the applicant in writing about the decision made, indicating the reasons for returning the complaint.

11. If a complaint is accepted for consideration, the antimonopoly authority shall, within three working days from the date of its receipt, post information about the receipt of the complaint and its content on the official auction website or on the website of the antimonopoly authority, and send it to the applicant, the auction organizer, the operator of the electronic platform, the competition or the auction commission is notified of the receipt of a complaint and of the suspension of trading until consideration of the complaint on the merits (hereinafter in this article - notification). The notification shall indicate a brief content of the complaint (subject of consideration), the address of the official trading website where information about the receipt of the complaint is posted, or the website of the antimonopoly authority, information about the place and time of consideration of the complaint. Notification is sent by post, fax or email. If a notification is sent via email, it is sent to the auction organizer, to the competition or auction commission at the email address specified in the notice of the auction, to the operator of the electronic site at the email address specified on the website of the electronic site on the Internet. , to the complainant at the email address specified in the complaint.

12. The auction organizer, the operator of the electronic platform, the competition or auction commission, the actions (inaction) of which are being appealed, are obliged, within one working day from the receipt of the notification, to notify the persons who submitted applications for participation in the auction about the fact of receipt of the complaint, its content, place and the time of its consideration.

13. The organizer of the auction, the operator of the electronic platform, the competition or auction commission, the applicant, as well as persons who submitted applications for participation in the auction, have the right to send an objection to the complaint or an addition to it to the antimonopoly authority and participate in the consideration of the complaint personally or through their representatives. The objection to the complaint must contain the information specified in Part 6 of this article. An objection to the complaint is sent to the antimonopoly authority no later than two working days before the day of consideration of the complaint.

14. The antimonopoly authority is obliged to consider the complaint on its merits within seven working days from the date of receipt of the complaint.

15. The organizer of the auction, the operator of the electronic platform, the competition or auction commission, whose actions (inaction) are being appealed, are obliged to submit for consideration of the complaint on the merits documentation about the auction, changes made to the competition documentation, documentation about the auction, applications for participation in the competition, applications for participation in the auction, protocols for opening envelopes with applications for participation in the competition, protocols for the consideration of applications for participation in the competition, protocols for the consideration of applications for participation in the auction, protocols for evaluating and comparing applications for participation in the competition, protocols for the auction, audio, video recordings and others documents and information compiled during the organization and conduct of auctions.

16. Consideration of the complaint on its merits is carried out by a commission of the antimonopoly authority. The failure of persons duly notified (notified by the antimonopoly authority to send a notification provided for in Part 11 of this article) of the time and place of consideration of the complaint on the merits is not an obstacle to such consideration.

17. When considering a complaint on the merits, the commission of the antimonopoly authority considers the complained actions (inaction) of the auction organizer, operator of the electronic platform, competition or auction commission. If, during the consideration of the complaint by the commission of the antimonopoly authority, other violations are established in the actions (inaction) of the auction organizer, operator of the electronic platform, competition or auction commission, the commission of the antimonopoly authority makes a decision taking into account all the identified violations.

18. From the date of sending the notification provided for in Part 11 of this article, the auction is suspended until the complaint against the actions (inaction) of the auction organizer, the operator of the electronic site, the competition or auction commission is considered on the merits.

19. If a complaint is accepted for consideration, the auction organizer, to whom a notification has been sent in accordance with the procedure established by Part 11 of this article, has no right to enter into an agreement until the antimonopoly body makes a decision on the complaint. An agreement concluded in violation of the requirements established by this paragraph is void.

20. Based on the results of consideration of the complaint on the merits, the commission of the antimonopoly body makes a decision to recognize the complaint as justified or unfounded, and if the complaint is recognized as justified, or if other violations that are not the subject of the appeal are established (violations of the procedure for organizing and conducting tenders, concluding contracts based on the results of tenders or in case of recognition of the tenders as failed) makes a decision on the need to issue an order provided for in paragraph 3.1 of part 1 of Article 23 of this Federal Law.

21. The commission terminates consideration of the complaint in the cases provided for in paragraphs 3 and 4 of part 9 of this article.

22. Within three working days from the date of the decision on the complaint, the antimonopoly authority sends to the applicant, the auction organizer, the operator of the electronic site, the competition or auction commission, whose actions (inaction) are being appealed, copies of the decision, orders adopted based on the results of consideration of the complaint, and publishes information about such decisions, orders on the official bidding website or on the website of the antimonopoly authority.

23. The decision or order of the commission of the antimonopoly body may be appealed in court within three months from the date of the decision or issuance of the order.

24. The applicant has the right to withdraw the complaint before a decision is made on the merits of the complaint. An applicant who has withdrawn a complaint filed by him or her does not have the right to re-file a complaint against the same actions (inaction) of the auction organizer, electronic platform operator, competition or auction commission in the manner established by this article.

25. The antimonopoly body considers complaints against the actions (inaction) of the seller of state or municipal property and (or) the organizer of the sale of state or municipal property conducted in electronic form (hereinafter in this article, as well as in paragraph 3.1 of part 1 of Article 23 of this Federal Law - organizer of the sale), when conducting the sale of state or municipal property in accordance with Federal Law of December 21, 2001 N 178-FZ "On the privatization of state and municipal property" in the manner established by this article, taking into account the following features:

1) appealing the actions (inaction) of the seller of state or municipal property and (or) the organizer of the sale to the antimonopoly authority is allowed within five working days from the date of posting on the official website on the Internet information and telecommunications network, determined in accordance with Article 15 of the Federal Law dated December 21, 2001 N 178-FZ "On the privatization of state and municipal property", or, if posting on this site is not provided, from the date of signing the protocol on recognizing applicants as bidders (protocol on recognizing applicants as participants in the sale during the sale of state or municipal property through a public offer or sale without announcing a price) or within five working days from the date of posting on this website or, if posting on this website is not provided, from the date of signing the protocol on the results of the sale of the property subject to privatization;

2) a complaint against the actions (inaction) of the seller of state or municipal property and (or) the organizer of the sale is considered by the antimonopoly authority within five working days from the date of receipt of the complaint;

3) in the event that a complaint against the actions (inaction) of the seller of state or municipal property and (or) the organizer of the sale is considered before the closing date for filing applications for participation in the auction (applications for participation in the sale during the sale of state or municipal property through a public offer or sales without announcing the price), the commission of the antimonopoly authority does not have the right to decide to issue an order;

4) a complaint against the actions (inaction) of the seller of state or municipal property and (or) the organizer of the sale related to the recognition of applicants as bidders (participants in the sale during the sale of state or municipal property through a public offer or sale without announcing a price) or with the refusal of such recognition, cannot be submitted after five working days from the date of posting on the official website specified in paragraph 1 of this part on the Internet information and telecommunications network or, if posting on the website is not provided, from the date of signing the protocol on recognizing the applicants as tenderers ( protocol on recognizing applicants as participants in the sale when conducting a sale of state or municipal property through a public offer or sale without announcing a price).";

18) in article 19:

a) in part 1:

paragraph 10 shall be stated as follows:

"10) social security of the population;";

in paragraph 14, delete the word “purposes”;

b) in part 3:

paragraph 1 after the words “on the basis of federal law,” add the words “legal act of the President of the Russian Federation, legal act of the Government of the Russian Federation,”;

add paragraph 4 with the following content:

"4) in accordance with federal programs for the development of small and medium-sized businesses, regional programs for the development of small and medium-sized businesses, municipal and intermunicipal programs for the development of small and medium-sized businesses.";

c) in part 4:

in paragraph 1, the words “carried out in cases provided for” should be replaced with the words “organized in accordance with”;

add paragraph 5 with the following content:

“5) provision of property and (or) other objects of civil rights equally to each participant in the commodity market.”;

19) in article 21:

a) the name after the words “Federal Law upon” is supplemented with the words “providing and (or)”;

b) after the words “when exercising control over”, add the words “providing and”, after the word “establish”, add the words “facts of granting preferences in violation of the procedure established by Article 20 of this Federal Law, or”;

20) in article 23:

a) in part 1:

add clauses 3.1 and 3.2 with the following content:

"3.1) issues to the organizer of the auction, competition or auction commission, the seller of state or municipal property, the organizer of the sale mandatory instructions to take actions aimed at eliminating violations of the procedure for organizing, conducting auctions, selling state or municipal property (hereinafter in this paragraph - auction ), the procedure for concluding contracts based on the results of auctions or in case of recognition of auctions as invalid, including instructions to cancel protocols drawn up during the auction, to make changes to the auction documentation, notice of the auction, and to cancel the auction;

3.2) issues warnings to terminate actions (inactions) that contain signs of violation of antimonopoly legislation in the cases specified in this Federal Law;";

add clauses 4.1 and 4.2 with the following content:

“4.1) sends in writing, signed by the head or deputy head of the antimonopoly body, warnings about the inadmissibility of violating antimonopoly legislation to officials of business entities who publicly announce planned behavior on the product market, if such behavior may lead to a violation of antimonopoly legislation;

4.2) considers complaints about violations of the procedure for mandatory bidding, sales of state or municipal property in accordance with the legislation of the Russian Federation;";

paragraph 8 should be stated as follows:

a) a register of economic entities (with the exception of financial organizations) having a market share of a certain product in the amount of more than thirty-five percent or occupying a dominant position in the market of a certain product, if in relation to such a market other federal laws for the purpose of their application have established cases of recognition as dominant regulations of economic entities (hereinafter referred to as the register). The procedure for forming and maintaining the register is established by the Government of the Russian Federation;

b) a register of persons brought to administrative responsibility for violating antimonopoly legislation. Information included in the specified register is not subject to publication in the media and placement on the Internet information and telecommunications network. The procedure for the formation and maintenance of the specified register is established by the Government of the Russian Federation;";

in paragraph 10, the words “cases of violation of antimonopoly legislation” should be replaced with the words “statements, materials, cases of violation of antimonopoly legislation”;

paragraph 12 should be supplemented with the words “and also exercises control over price manipulation on the wholesale and (or) retail markets for electric energy (power)”;

b) in paragraph 2 of part 2, the words “and the methodology for determining the validity of the price established by a credit institution occupying a dominant position for a service not provided by other financial organizations” shall be deleted;

21) in Part 1 of Article 25, replace the words “official correspondence in electronic form” with the words “acts, contracts, certificates, business correspondence, other documents and materials made in the form of a digital record or in the form of a record on electronic media”;

22) in article 25.1:

a) in part 1, the fourth sentence should be stated as follows: “Scheduled and unscheduled inspections are carried out in the form of on-site and documentary inspections.”;

b) in part 4:

paragraph 3 shall be supplemented with the words “or when exercising state control over economic concentration in the manner established by Chapter 7 of this Federal Law”;

add paragraphs 4 and 5 as follows:

"4) instructions of the President of the Russian Federation and the Government of the Russian Federation;

5) detection by the antimonopoly authority of signs of violation of antimonopoly legislation.";

c) paragraph 3 of part 7 shall be supplemented with the words “address of the location or place of residence of the person being inspected”;

23) Part 3 of Article 25.3 should be supplemented with the words “and copies of electronic storage media are also made”;

24) in article 25.4:

a) part 1 should be stated as follows:

"1. Officials of the antimonopoly body who conduct an inspection have the right to request from the inspected person the documents and information necessary for the inspection. When conducting a documentary inspection, a reasoned request for the provision of documents and information is sent to the inspected person by mail with a return receipt or is handed to him or her to the representative against signature. When conducting an on-site inspection, a reasoned request for the provision of documents and information is handed over to the person being inspected or his representative against signature. The form of the request for the provision of documents and information is approved by the federal antimonopoly authority.";

b) part 4 should be stated as follows:

“4. Failure by the person being inspected to provide on time or the provision by him of knowingly false information and information requested in the manner established by this Federal Law entails liability established by the legislation of the Russian Federation.”;

25) Part 1 of Article 25.6 shall be stated as follows:

"1. Based on the results of the inspection, an inspection report is drawn up in two copies, one of which is handed over or sent by registered mail with acknowledgment of delivery to the person being inspected or his representative.";

26) add Article 25.7 with the following content:

"Article 25.7. Warning about the inadmissibility of violating antimonopoly legislation

1. In order to prevent violations of antimonopoly legislation, the antimonopoly authority sends an official of an economic entity a warning in writing about the inadmissibility of committing actions that could lead to a violation of antimonopoly legislation (hereinafter referred to as the warning).

2. The basis for issuing a warning is a public statement by an official of an economic entity about planned behavior on the product market, if such behavior may lead to a violation of the antimonopoly law and there are no grounds for initiating and considering a case of violation of the antimonopoly law.

3. The decision to issue a warning is made by the head of the antimonopoly body no later than ten days from the day when the antimonopoly body became aware of the public statement of an official of an economic entity about the planned behavior on the product market.

4. The warning must contain:

1) conclusions about the existence of grounds for issuing a warning;

2) norms of antimonopoly legislation that may be violated by an economic entity.

5. The procedure for sending a warning and its form are approved by the federal antimonopoly authority.";

27) Chapter 7 should be supplemented with Article 26.1 as follows:

"Article 26.1. Transactions, other actions subject to state control

According to the rules of this chapter, transactions and other actions in relation to the assets of Russian financial organizations and fixed production assets and (or) intangible assets located on the territory of the Russian Federation, or in relation to voting shares (stakes), rights in relation to Russian commercial and non-profit organizations, are subject to state control. as well as foreign persons and (or) organizations supplying goods to the territory of the Russian Federation in the amount of more than one billion rubles during the year preceding the date of the transaction, other action, subject to state control.";

28) in part 1 of article 27:

a) in paragraph 1, the words “three billion rubles” are replaced with the words “seven billion rubles”, the words “six billion rubles” are replaced with the words “ten billion rubles”;

b) in paragraph 2, the words “three billion rubles” are replaced with the words “seven billion rubles”, the words “six billion rubles” are replaced with the words “ten billion rubles”;

"4) creation of a commercial organization if its authorized capital is paid for with shares (shares) and (or) property, which are fixed production assets and (or) intangible assets of another commercial organization (except for a financial organization), including on the basis of a transfer deed or separation balance sheet, and in relation to these shares (shares) and (or) property, the commercial organization being created acquires the rights provided for in Article 28 of this Federal Law, and at the same time, the total value of assets according to the last balance sheet of the founders of the commercial organization being created (their groups of persons) and persons (their groups of persons), shares (shares) and (or) property of which are made as a contribution to the authorized capital of the created commercial organization exceeds seven billion rubles, or if the total revenue of the founders of the created commercial organization (their groups of persons) and persons (their groups persons), shares (shares) and (or) property of which are made as a contribution to the authorized capital of a commercial organization being created, from the sale of goods for the last calendar year exceeds ten billion rubles, or if the organization whose shares (shares) and (or) property are made as a contribution to the authorized capital, included in the register;";

d) paragraph 5 should be stated as follows:

"5) creation of a commercial organization, if its authorized capital is paid for with shares (shares) and (or) assets (except for cash) of a financial organization and (or) the commercial organization being created acquires such shares (shares) and (or) assets of a financial organization for on the basis of a transfer deed or separation balance sheet and in relation to such shares (shares) and (or) assets acquires the rights provided for in Article 29 of this Federal Law, and at the same time the value of the assets according to the latest balance sheet of the financial organization whose shares (shares) and (or) assets made as a contribution to the authorized capital, exceeds the amount established by the Government of the Russian Federation (when shares (shares) and (or) assets (except for cash) of a credit organization are made as a contribution to the authorized capital of a credit organization, this amount is established by the Government of the Russian Federation in agreement with Central Bank of the Russian Federation);";

e) add paragraphs 6 and 7 as follows:

"6) merger of a financial organization with a commercial organization (with the exception of a financial organization), if the value of the assets of the financial organization according to the latest balance sheet exceeds the value established by the Government of the Russian Federation;

7) merger of a commercial organization (except for a financial organization) with a financial organization, if the value of the assets of the financial organization according to the latest balance sheet exceeds the value established by the Government of the Russian Federation (when merging with a credit organization, this value is established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation) ";

29) in Article 28:

a) in part 1:

Paragraph one should be stated as follows:

"1. If the total value of assets according to the latest balance sheets of the person acquiring shares (shares), rights and (or) property, and his group of persons, the person being the object of economic concentration, and his group of persons exceeds seven billion rubles or if their total revenue from the sale of goods for the last calendar year exceeds ten billion rubles and, at the same time, the total value of assets according to the last balance sheet of the entity that is the object of economic concentration and its group of persons exceeds two hundred and fifty million rubles, or if one of these entities is included in the register, with with the prior consent of the antimonopoly authority, the following transactions with shares (stakes), rights and (or) property are carried out:";

paragraph 1 after the words “acquisition of voting shares by a person (group of persons)” shall be supplemented with the words “registered on the territory of the Russian Federation”;

paragraph 2 after the words “acquisition by a person (group of persons) of shares in the authorized capital” shall be supplemented with the words “registered on the territory of the Russian Federation”;

paragraph 3 after the words “acquisition of shares in the authorized capital” should be supplemented with the words “registered on the territory of the Russian Federation”;

paragraph 5 after the words “acquisition of shares in the authorized capital” should be supplemented with the words “registered on the territory of the Russian Federation”;

paragraph 7, after the words “taking into ownership, use or possession by an economic entity (group of persons)”, add the words “located on the territory of the Russian Federation”;

paragraph 8 after the words “rights allowing to determine the conditions for implementation” should be supplemented with the words “registered on the territory of the Russian Federation”;

add paragraph 9 with the following content:

“9) acquisition by a person (group of persons) of more than fifty percent of the voting shares (stakes) of a legal entity established outside the territory of the Russian Federation, or other rights allowing to determine the conditions for the implementation of business activities by such a legal entity or to exercise the functions of its executive body.”;

b) add part 3 with the following content:

"3. When determining the total value of the assets of a person acquiring shares (shares), rights and (or) property, and his group of persons and a person who is the object of economic concentration, and his group of persons in accordance with Part 1 of this article, the assets of the person are not taken into account selling (alienating) shares (shares) or rights in relation to a person who is the object of economic concentration (the selling person) and his group of persons, if as a result of the transaction the selling person and his group of persons lose the rights to determine the conditions for the implementation of the entrepreneurial activities of a person who is the object of economic concentration.";

30) clause 7 of part 1 of Article 29, after the words “assets of a financial organization”, add the words “(except for cash)”;

31) in part 1 of article 30:

a) paragraph 5 after the words “except for shares (shares)” should be supplemented with the word “rights”;

b) add clause 5.1 with the following content:

"5.1) by a commercial organization (except for a financial organization) on the merger of a financial organization with it, if the value of the assets of the financial organization according to the last balance sheet exceeds the amount established by the Government of the Russian Federation;";

c) in paragraph 6, the word “property” is replaced by the word “assets”, the words “their assets” are replaced by the words “its assets”, the word “property” is replaced by the word “assets”;

32) in Article 32:

a) clause 1 of part 1, after the numbers “1 - 3”, add the words “, 6 and 7”;

b) part 5 should be stated as follows:

"5. Simultaneously with the petition or notification of transactions, other actions subject to state control, the following are submitted to the antimonopoly authority:

1) notarized copies of the constituent documents of the applicant - a legal entity or the surname, name, patronymic of the applicant - an individual and details of the document proving his identity (series and (or) number of the document, date and place of its issue, the authority that issued the document), according to as of the date of submission of the said petition or notice;

2) notarized copies of the constituent documents of the entity that is the object of economic concentration, as of the date of submission of the said petition or notification, or a written statement that the applicant does not have such documents;

3) documents and (or) information defining the subject and content of transactions and other actions subject to state control;

4) information about the types of activities that were carried out by the applicant during the two years preceding the day of submission of the specified petition or notification, or during the period of implementation of the activity, if it is less than two years, as well as copies of documents confirming the right to carry out types of activities, if, in accordance with the legislation of the Russian Federation, special permits are required for their implementation;

5) information on the names of types of products, on the volume of products produced and sold by the applicant during the two years preceding the day of submission of the specified petition or notification, or during the period of activity, if it is less than two years, indicating product range codes;

6) information available to the applicant about the main types of activities of the persons specified in Articles 27 - 30 of this Federal Law, about the names of types of products, about the volume of products produced and sold by such persons during the two years preceding the day of submission of the specified petition or notification, or during the period of activity, if it is less than two years, indicating the product range codes, as well as copies of documents confirming the right to carry out these types of activities, if, in accordance with the legislation of the Russian Federation, special permits are required for their implementation, or an application to a written statement that the applicant does not have this information and documents;

7) the balance sheet of the applicant as of the last reporting date preceding the date of submission of the specified petition, and when submitting the specified notification as of the last reporting date preceding the date of the transaction, another action;

8) information on the total book value of the assets of the applicant and his group of persons as of the last reporting date preceding the date of submission of the specified petition, and when submitting the specified notification as of the last reporting date preceding the date of the transaction, other action;

9) information on the total book value of the assets of the entity that is the object of economic concentration and its group of persons as of the last reporting date preceding the date of submission of the specified petition, and when submitting the specified notification as of the last reporting date preceding the date of the transaction, other actions or a written statement that the applicant does not have this information;

10) financial, economic and other reporting of the applicant submitted to the Central Bank of the Russian Federation and to the federal executive authorities regulating the financial services market, as of the last reporting date preceding the date of submission of the specified petition, and upon submission of the specified notification as of the last reporting date preceding the date of the transaction, other action, if the applicant is a financial organization;

11) submitted to the Central Bank of the Russian Federation and to the federal executive authorities regulating the financial services market, if shares (shares), property and (or) assets of a financial organization and (or) rights in relation to it are acquired, financial, economic and other reporting of the entity that is the object of economic concentration, as of the last reporting date preceding the date of submission of the specified petition, and when submitting the specified notification, as of the last reporting date preceding the date of the transaction, other action, or a statement in writing that the applicant does not have these documents;

12) a list of commercial organizations, more than five percent of the shares (stakes) of which the applicant disposes of on any basis, as of the date of submission of the specified petition or notification, or a statement in writing that the applicant does not dispose of shares (stakes) of commercial organizations;

13) a list of commercial organizations, more than five percent of the shares (shares) of which the person who is the object of economic concentration disposes of on any basis, as of the date of submission of the specified petition or notification, or a statement in writing that the specified person does not dispose shares (shares) of commercial organizations, or a written statement that the applicant does not have such information;

14) a list of persons who manage, on any basis, more than five percent of the shares (shares) of the applicant, as of the date of submission of the specified petition or notification;

15) a list of persons who manage, on any basis, more than five percent of the shares (shares) of a person that is the object of economic concentration, as of the date of submission of the said petition or notification, or a written statement that the applicant does not have such information;

16) a list of persons included in the group of persons with the applicant, in a form approved by the federal antimonopoly body, indicating the characteristics by which such persons are included in this group, as of the date of submission of the application, and if the specified notice is submitted at the time of the transaction, another action . This list of persons included in the group of persons with the applicant includes persons under the control of the applicant; persons under whose control the applicant is; persons included in a group of persons with the applicant and operating in the same commodity markets in which the applicant operates, persons participating in a merger, accession, and (or) a person that is the object of economic concentration, as well as persons under their control. The list of persons included in the group of persons with the applicant does not include individuals if they are not individual entrepreneurs and (or) are not included in the same group of persons with an economic entity according to the criteria specified in paragraphs 1 - 3, 5, 6 and 9 Part 1 of Article 9 of this Federal Law;

17) a list of persons included in the same group of persons with other persons specified in Articles 27 - 30 of this Federal Law, in a form approved by the federal antimonopoly authority, indicating the characteristics by which such persons are included in this group, as of the date of submission of the said petition, and upon submission of the specified notification at the time of the transaction, other action, or a statement in writing that the applicant does not have such information. The list of persons included in a group of persons with other persons specified in Articles 27 - 30 of this Federal Law includes persons participating in the merger and (or) a person that is the object of economic concentration; persons under whose control are persons participating in the merger and (or) a person that is the object of economic concentration; persons under the control of a person that is the object of economic concentration; persons who are part of a group of persons with a person who is the object of economic concentration and who carry out activities in the commodity markets in which the applicant and the person who is the object of economic concentration operate, as well as persons under their control. The list of persons included in a group of persons with other persons specified in Articles 27 - 30 of this Federal Law does not include individuals who are not individual entrepreneurs and (or) are not included in the same group of persons with an economic entity on the grounds specified in paragraphs 1 - 3, 5, 6 and 9 of part 1 of article 9 of this Federal Law;

18) information about the persons in whose interests more than five percent of the shares (shares) of the applicant are owned by their nominal holders, including such persons established in a state that provides a preferential tax regime and (or) whose legislation does not provide for disclosure and providing information about a legal entity (offshore zones);

19) a list of licenses of a person who is the object of economic concentration to carry out the types of activities provided for in Article 6 of Federal Law No. 57-FZ of April 29, 2008 “On the procedure for making foreign investments in business entities that are of strategic importance for ensuring the defense of the country and the security of the state ", or a written statement that the applicant does not have this information;

20) a document confirming payment of the state duty for making a decision on the implementation of transactions and other actions subject to state control.";

c) in part 5.2, replace the words “in clause 3” with the words “in clause 4”;

d) part 5.3 is declared invalid;

e) in part 5.4, replace the words “in clauses 9 and 10” with the words “in clauses 10 and 11”;

f) part 6 should be stated as follows:

"6. A petition for consent to the merger of commercial organizations, the accession of one or more commercial organizations to a commercial organization, the merger of non-profit organizations, the accession of one or more non-profit organizations to a non-profit organization, the creation of a commercial organization or a notice of such creation is signed by the applicant and other participants in the such merger, accession or creation by persons, and the notification of such merger or accession is signed only by the applicant. The applicant, simultaneously with this petition or notification, submits to the antimonopoly authority the documents specified in Part 5 of this article and information about other persons participating in such merger, accession or creation. ";

33) in article 33:

a) in part 2:

paragraph 3 should be stated as follows:

"3) on extending the period for consideration of an application for consent to the merger of commercial organizations and (or) non-profit organizations, the merger of one or more commercial organizations and (or) non-profit organizations into a commercial organization and (or) non-profit organization, the creation of a commercial organization in cases specified in Article 27 of this Federal Law, or to carry out a transaction provided for in Articles 28 and 29 of this Federal Law, in connection with the determination of conditions, after the fulfillment of which by the applicant and (or) other persons participating in such merger, accession, creation, implementation of the transaction, the antimonopoly the authority decides to satisfy this petition, and determines the period for fulfilling such conditions, which cannot exceed nine months. Such conditions are an integral part of the decision to extend the period for consideration of this petition;"

paragraph 4 should be stated as follows:

"4) on the satisfaction of a request for consent to carry out a transaction, other action specified in Articles 27 - 29 of this Federal Law, and on the simultaneous issuance to the applicant, and (or) persons included in his group of persons, and (or) an economic entity , shares (shares), property, the assets of which or rights in respect of which are acquired, and (or) to the created entity the order provided for in paragraph 2 of part 1 of Article 23 of this Federal Law on the implementation of actions aimed at ensuring competition, if carried out by these persons transactions or other actions stated in the petition;";

b) part 6, after the words “creation of a commercial organization”, shall be supplemented with the words “or to carry out a transaction provided for in Articles 28 and 29 of this Federal Law”;

c) in part 10 the words “Article 30” should be replaced with the words “Articles 30 and 31”;

d) add part 11 with the following content:

"11. The antimonopoly authority, upon the application of a person to whom an order was issued in the cases provided for in this article, as well as on its own initiative, may revise the content or procedure for its execution in connection with the emergence of significant circumstances that occurred after its issuance and exclude the possibility and (or) expediency execution of the order in whole or in part. Significant circumstances include changes in the product or geographical boundaries of the product market, the composition of sellers or buyers, the loss of a dominant position by an economic entity must be considered by the antimonopoly authority within one month from the date of its receipt. the order is established by the antimonopoly authority. Changing the order cannot worsen the position of the person to whom such an order was issued.";

34) part 4 of Article 34 after the words “Article 30” should be supplemented with the words “and in Article 31”;

35) in article 35:

a) add part 3.1 with the following content:

"3.1. If the documents and information necessary for consideration of the application are not submitted in full, the application is considered unsubmitted, of which the antimonopoly authority notifies the applicant within ten days from the date of receipt of the said application. In this case, the period of storage by the antimonopoly authority of the submitted documents, during which the applicant has the right to claim them is fourteen days from the date of receipt by the applicant of the notification.";

b) in part 4:

paragraph 1 should be stated as follows:

"1) the presence of the conditions provided for in parts 1 - 4 of Article 11 of this Federal Law, in the absence of grounds for recognizing the draft agreement as admissible in accordance with Article 12 or 13 of this Federal Law;";

paragraph 3 is declared invalid;

c) part 8 is supplemented with paragraph 3 as follows:

“3) the conditions that served as the basis for recognizing the draft agreement as admissible in accordance with Article 12 or 13 of this Federal Law have changed.”;

d) part 9 should be stated as follows:

"9. Economic entities that have entered into an agreement on the basis of a decision of the antimonopoly authority on the compliance of the draft agreement in writing with the requirements of the antimonopoly legislation are obliged to terminate such an agreement within one month from the moment any of them receives the decision accepted by the antimonopoly authority in accordance with paragraph 3 of part 8 of this article a reasoned decision to cancel the decision on the compliance of the draft agreement in writing with the requirements of the antimonopoly legislation. The decision of the antimonopoly authority to cancel the decision on the compliance of the draft agreement in writing with the requirements of the antimonopoly legislation may be made in the event of a change in the share of the parties to the agreement in the product market, as well as in the event of non-compliance. parties to the agreement and its terms.";

e) parts 10 - 12 are declared invalid;

36) Article 37 shall be supplemented with part 3 as follows:

"3. Persons whose rights and interests are violated as a result of violation of antimonopoly legislation have the right to apply in the prescribed manner to the court, arbitration court with claims, including claims for restoration of violated rights, compensation for losses, including lost profits, compensation for damage caused property.";

37) in part 2 of article 39:

a) paragraph 2 should be stated as follows:

“2) a statement from a legal entity or individual indicating signs of violation of antimonopoly legislation (hereinafter referred to as the statement);”;

b) in paragraph 5, replace the word “facts” with the word “signs”;

38) add Article 39.1 with the following content:

"Article 39.1. Warning to terminate actions (inaction) that contain signs of violation of antimonopoly legislation

1. In order to suppress actions (inaction) that lead or may lead to the prevention, restriction, elimination of competition, the antimonopoly authority issues a written warning to the economic entity occupying a dominant position to terminate actions (inaction) that contain signs of violation of antimonopoly legislation , on eliminating the causes and conditions that contributed to the occurrence of such a violation, and on taking measures to eliminate the consequences of such a violation (hereinafter referred to as a warning).

2. A warning is issued to an economic entity occupying a dominant position if signs of violation of clauses 3 and 5 of part 1 of Article 10 of this Federal Law are detected. The adoption by the antimonopoly body of a decision to initiate a case on violation of paragraphs 3 and 5 of part 1 of Article 10 of this Federal Law without issuing a warning and before the end of the period for its implementation is not allowed.

3. The issuance of a warning during the consideration of a case of violation of the antimonopoly law is carried out by the commission for the consideration of the case of violation of the antimonopoly law if, during the consideration of such a case, signs of violation of paragraphs 3 and 5 of part 1 of Article 10 of this Federal Law are established that were not known at the time initiation of such a case.

4. The warning must contain:

1) conclusions about the existence of grounds for its issuance;

2) norms of antimonopoly legislation that are violated by the actions (inaction) of the person to whom the warning is issued;

3) a list of actions aimed at stopping the violation of antimonopoly legislation, eliminating the causes and conditions that contributed to the occurrence of such a violation, eliminating the consequences of such a violation, as well as a reasonable period for their implementation.

5. A warning is subject to mandatory review by the person to whom it was issued within the period specified in the warning. The notice period must be at least ten days. At the motivated request of the person to whom the warning was issued, and if there are sufficient grounds to believe that the warning cannot be implemented within the established period, the specified period may be extended by the antimonopoly authority.

6. The antimonopoly authority must be notified of the implementation of the warning within three days from the date of expiration of the period established for its implementation.

7. Provided that the warning is carried out, a case of violation of the antimonopoly law is not initiated and the person who carried out the warning is not subject to administrative liability for violation of the antimonopoly law in connection with its elimination.

8. In case of failure to comply with the warning within the prescribed period, if there are signs of violation of the antimonopoly legislation, the antimonopoly authority makes a decision to initiate a case for violation of the antimonopoly legislation.

9. The procedure for issuing a warning and its form are approved by the federal antimonopoly authority.";

39) in article 40:

a) in part 2, the second sentence should be stated as follows: “The chairman of the commission may be the head of the antimonopoly body, his deputy or the head of a structural unit of the federal antimonopoly body.”;

b) in part 3, delete the words “on the banking services market” and the words “on an ongoing basis”;

c) add part 6.1 with the following content:

"6.1. In the absence of a quorum to consider a case of violation of antimonopoly legislation, the members of the commission present at the meeting decide to postpone the consideration of this case and set a new date for its consideration, which is formalized by a ruling.";

40) in article 41:

a) part 1 after the word “accepts” is added with the word “warnings”;

b) in part 2, the words “to state in writing a special opinion, which is attached to the case”, replace with the words “has the right to state in writing a special opinion, which is attached to the case materials in a sealed envelope and is not made public”;

41) in article 43:

a) the name after the word “Rights” is supplemented with the words “and obligations”;

b) the words “From the moment” are replaced by the words “1. From the moment”;

c) add part 2 with the following content:

"2. Persons participating in the case, during the consideration of the case, have the right to record the progress of its consideration in writing, as well as by means of audio recording. If, during the consideration of the case, information constituting a secret protected by law is disclosed, the chairman of the commission has the right to make a decision on prohibition of making audio recordings by persons participating in the case, recording the progress of the consideration of the case.";

d) add part 3 with the following content:

"3. Photography, video recording of the consideration of the case, broadcast on radio and television of the consideration of the case are allowed with the permission of the chairman of the commission.";

e) add part 4 with the following content:

"4. Persons participating in the case are obliged to use their rights in good faith when considering the case.";

42) Article 44 shall be stated as follows:

"Article 44. Consideration of applications, materials and initiation of proceedings on violation of antimonopoly legislation

1. The application is submitted in writing to the antimonopoly authority and must contain the following information:

1) information about the applicant (last name, first name, patronymic and address of residence for an individual; name and location for a legal entity);

2) information available to the applicant about the person in respect of whom the application was submitted;

3) description of the violation of antimonopoly legislation;

4) the essence of the requirements that the applicant is making;

5) list of attached documents.

2. Documents indicating signs of violation of antimonopoly legislation (hereinafter referred to as documents) are attached to the application. If it is impossible to submit documents, the reason for the impossibility of submitting them is indicated, as well as the intended person or body from whom the documents can be obtained.

3. If the application or materials do not contain the information provided for in parts 1 and 2 of this article, the antimonopoly authority leaves the application or materials without consideration, and notifies the applicant in writing within ten working days from the date of their receipt.

4. The antimonopoly authority shall consider the application or materials within one month from the date of their submission. In case of insufficiency or absence of evidence allowing the antimonopoly authority to draw a conclusion about the presence or absence of signs of violation of antimonopoly legislation, the antimonopoly authority has the right to extend the period for consideration of the application or materials, but not more than for two months, to collect and analyze additional evidence. The antimonopoly authority shall notify the applicant in writing of the extension of the period for consideration of the application or materials.

5. When considering an application or materials, the antimonopoly authority:

1) determines whether consideration of the application or materials falls within its competence;

2) establishes the presence of signs of violation of antimonopoly legislation and determines the norms that are subject to application.

6. During the consideration of an application or materials, the antimonopoly authority has the right to request from commercial organizations and non-profit organizations, their officials, federal executive authorities, their officials, state authorities of the constituent entities of the Russian Federation, their officials, local government bodies, their officials , other bodies or organizations performing the functions of the specified bodies, their officials, as well as state extra-budgetary funds, their officials, individuals, including individual entrepreneurs, in compliance with the requirements of the legislation of the Russian Federation on state secrets, bank secrets, trade secrets or other secrets protected by law, documents, information, explanations in written or oral form related to the circumstances set out in the application or materials.

7. When considering an application, materials indicating the presence of signs of violation of Article 10 of this Federal Law, the antimonopoly authority establishes the existence of a dominant position of the business entity in respect of which these applications, materials were filed, except for the case if the antimonopoly authority decides to refuse to initiate cases of violation of antimonopoly legislation on the grounds provided for in Part 9 of this article.

8. Based on the results of consideration of the application and materials, the antimonopoly authority makes one of the following decisions:

1) to initiate a case for violation of antimonopoly legislation;

2) refusal to initiate a case for violation of antimonopoly legislation.

9. The antimonopoly authority decides to refuse to initiate a case in the following cases:

1) the issues specified in the application and materials do not fall within the competence of the antimonopoly authority;

2) there are no signs of violation of antimonopoly legislation;

3) on the fact that was the basis for filing the application, materials, the case was initiated earlier;

4) on the fact that was the basis for filing an application, materials, there is a decision of the antimonopoly authority that has entered into force, except if there is a decision of the antimonopoly authority to refuse to initiate a case for violation of antimonopoly legislation in accordance with paragraph 2 of this part or a decision on termination of consideration of the case in accordance with paragraph 2 of part 1 of Article 48 of this Federal Law and the applicant presents evidence of a violation of antimonopoly legislation unknown to the antimonopoly authority at the time of making such a decision;

5) on the fact that was the basis for filing the application or materials, the statute of limitations provided for in Article 41.1 of this Federal Law has expired;

6) the absence of a violation of antimonopoly legislation in the actions of the person in respect of whom the application or materials were filed is established by a court or arbitration court decision that has entered into legal force;

7) signs of violation of antimonopoly legislation have been eliminated as a result of compliance with the warning issued in the manner established by Article 39.1 of this Federal Law.

10. The antimonopoly authority sends the decision to refuse to initiate a case on violation of antimonopoly legislation to the applicant within the time period established by part 3 of this article, indicating the reasons for making this decision.

11. Making a decision based on the results of consideration of the application, materials may be postponed if another case is pending in the antimonopoly authority, court, arbitration court, law enforcement agencies, the conclusions of which will be important for the results of consideration of the application, materials, before accepting and entering into the force of the relevant decision in this case, of which the antimonopoly authority notifies the applicant in writing.

12. If a decision is made to initiate a case for violation of antimonopoly legislation, the antimonopoly authority issues an order to initiate a case and create a commission. A copy of such an order is sent to the applicant and the defendant in the case within three days from the date of issuance of such an order.

13. Within fifteen days from the date of issuance of the order to initiate a case on violation of antimonopoly legislation and the creation of a commission, the chairman of the commission issues a ruling on assigning the case for consideration and sends copies of the ruling to the persons participating in the case.”;

43) Article 47 shall be supplemented with part 1.1 as follows:

“1.1. The Commission is obliged to postpone the consideration of a case of violation of antimonopoly legislation if a person who previously participated in this case in a different status (a person who has information about the circumstances of the case, the applicant) is involved as a defendant in this case.”;

44) in the title of Article 47.1, replace the word “separation” with the word “allocation”;

45) in article 48:

a) part 1 is supplemented with paragraphs 6 and 7 as follows:

“6) the presence of a decision of the antimonopoly authority that has entered into force to establish a violation of the antimonopoly legislation in relation to the actions (inactions) considered by the commission;

7) expiration of the statute of limitations provided for in Article 41.1 of this Federal Law.";

b) in part 2, replace the words “clause 1” with the words “clauses 1 and 6”;

46) Part 2 of Article 49 shall be stated as follows:

"2. The operative part of the decision in a case of violation of antimonopoly legislation is subject to announcement at the end of the consideration of the case, must be signed by all members of the commission who participated in the decision-making, and attached to the case. The decision must be made in full within ten working days from the date announcement of the operative part of the decision. Copies of such a decision are immediately sent or handed over to the persons participating in the case. The date of production of the decision in full is considered the date of its adoption.";

47) add Article 51.1 with the following content:

"Article 51.1. Explanation of the decision and (or) order in the case of violation of antimonopoly legislation. Correction of clerical errors, typos and arithmetic errors

1. The commission that adopted a decision and (or) order in a case of violation of antimonopoly legislation, at the request of a person participating in the case or on its own initiative, has the right to provide an explanation of the decision and (or) order without changing their content, as well as to correct errors made in the decision and (or) instructions for clerical errors, typos and arithmetic errors.

2. On issues of clarification of a decision and (or) order, correction of a clerical error, misprint and arithmetic error, the commission issues a ruling.

3. A ruling on the issue of clarification of a decision and (or) order, correction of a typo, typo or arithmetic error is sent by the commission to the persons participating in the case within three working days from the date of issuance of the ruling, but no later than fifteen working days from the date of receipt statements.";

48) add Article 51.2 with the following content:

"Article 51.2. Review of a decision and (or) order in a case of violation of antimonopoly legislation due to new and (or) newly discovered circumstances

1. A decision and (or) an order issued on its basis in a case of violation of antimonopoly legislation may be revised due to new and (or) newly discovered circumstances by the commission that made such a decision and (or) issued such an order, upon the application of a person participating in the case , as well as in the event that the commission establishes the grounds for reviewing the decision and (or) order provided for in this article.

2. The grounds for reviewing a decision and (or) an order issued on its basis in a case of violation of antimonopoly legislation are:

1) identification of circumstances that were not and could not be known at the time the operative part of the decision in the case was announced, but are essential for the correct resolution of the case;

2) falsification of evidence, deliberately false testimony of a person who has information about the circumstances of the case under consideration, a deliberately false expert opinion, a deliberately incorrect translation, which entailed the adoption of an illegal or unfounded decision and (or) the issuance of an order on its basis.

3. An application for review of a decision made by the antimonopoly authority and (or) an order issued on its basis in a case of violation of antimonopoly legislation due to new and (or) newly discovered circumstances is submitted to the antimonopoly authority whose commission made such a decision and (or) issued such an order , persons participating in the case, within three months from the day when they learned or should have learned about the existence of circumstances that constitute the basis for reviewing the decision and (or) order.

4. At the request of the person who filed the application, the missed deadline for filing the application may be restored by the antimonopoly authority, provided that the application is filed within six months from the date of establishing the grounds for reviewing the decision and (or) order and the antimonopoly authority recognizes the reasons for missing the deadline as valid.

5. The form and content of an application for review of a decision made by the antimonopoly body and (or) an order issued on its basis in a case of violation of antimonopoly legislation are determined by the federal antimonopoly body.

6. The antimonopoly authority returns to the applicant the application submitted by him for review of the decision taken by the antimonopoly authority and (or) the order issued on its basis in the case of violation of the antimonopoly legislation due to new and (or) newly discovered circumstances within ten days from the date of receipt of such an application, if will establish that:

1) the requirements for the form and content of the application are not met;

2) the application was submitted after the expiration of the established period and there is no request for its restoration or the restoration of the missed deadline for filing the application was refused.

7. An application for review of a decision made by the antimonopoly authority and (or) an order issued on its basis in a case of violation of antimonopoly legislation due to new and (or) newly discovered circumstances is considered by the commission that made such a decision and (or) issued such an order within a month from the date of receipt of the application by the antimonopoly authority.

8. Based on the results of consideration of an application for review of a decision made by the antimonopoly body and (or) an order issued on its basis in a case of violation of antimonopoly legislation due to new and (or) newly discovered circumstances, the commission makes one of the following decisions:

1) on the satisfaction of the application and on the revision of the decision and (or) order;

2) about refusal to satisfy the application.

9. The commission sends a decision to refuse to satisfy an application for review of a decision and (or) an order issued on its basis in a case of violation of antimonopoly legislation to the applicant within three days from the date of its adoption.

10. If a decision is made to review the decision and (or) an order issued on its basis in a case of violation of antimonopoly legislation, the commission issues a ruling to review the decision and (or) order. Copies of such a ruling are sent to the persons participating in the case within three days from the date of its issuance.

11. Review of a decision and (or) an order issued on its basis in a case of violation of antimonopoly legislation is carried out by the commission that adopted the revised decision and (or) issued the revised order, in the manner established by this chapter.";

49) Article 52 shall be stated as follows:

"Article 52. Procedure for appealing decisions and orders of the antimonopoly authority

1. The decision and (or) order of the antimonopoly body may be appealed to the arbitration court within three months from the date of the decision or issuance of the order. Cases of appealing a decision and (or) order of the antimonopoly authority are within the jurisdiction of the arbitration court.

2. If an application to appeal the order of the arbitration court is accepted, the execution of the order of the antimonopoly body is suspended until the day the decision of the arbitration court enters into legal force.";

50) Article 53 shall be supplemented with part 6 as follows:

"6. Extension of the term of contracts and conclusion for a new term without holding open competitions or open auctions of contracts for the provision of financial services specified in Article 18 of this Federal Law are not allowed."

Introduce into Article 13.1 of the Law of the Russian Federation of February 21, 1992 N 2395-1 “On Subsoil” (as amended by the Federal Law of March 3, 1995 N 27-FZ) (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 16, art. 834; Collection of legislation of the Russian Federation, 1995, art. 2004; N 29, Art. 3601) the following changes:

1) part eight should be stated as follows:

“An announcement about a competition or auction for the right to use subsoil plots is posted on the official website of the Russian Federation on the Internet information and telecommunications network for posting information about the bidding (hereinafter referred to as the official website).”;

2) part nine should be stated as follows:

“The official website and the body authorized to maintain it are determined by the Government of the Russian Federation.”;

3) part ten should be stated as follows:

“The announcement of a competition or auction for the right to use subsoil plots is posted on the official website no less than 90 days before the day of the competition for the right to use subsoil plots or no less than 45 days before the day of the auction for the right to use subsoil plots. holding competitions or auctions for the right to use subsoil plots of federal significance must contain an indication of the information provided for in part two of this article about restrictions on admission to participation in such competitions or auctions.";

4) part eleven should be stated as follows:

“The procedure and conditions for holding competitions or auctions for the right to use subsoil plots for concluding production sharing agreements are determined in accordance with the legislation of the Russian Federation.”;

5) part twelve should be stated as follows:

“Prior to the determination by the Government of the Russian Federation of the official website, the announcement of a competition or auction for the right to use subsoil plots is posted on the official websites of the bodies specified in part one of this article, on the Internet information and telecommunications network, and is also published in the all-Russian media and published in the territories of the relevant constituent entities of the Russian Federation by the media no later than 90 days before the day of the competition for the right to use subsoil plots and no later than 45 days before the day of the auction for the right to use subsoil plots, counting from the date of first publication. Choice of funds. mass media for the publication of such announcements is carried out by the bodies specified in part one of this article.";

6) part thirteen should be stated as follows:

“It is not permitted to issue a license or conclude a contract (agreement) based on the results of a competition or auction for the right to use subsoil plots, or in the event that such a competition or auction is declared invalid, earlier than ten days from the date of signing the protocol on the basis of which the license is issued, conclusion of a contract (agreement), and if the specified protocol is intended to be posted on a website on the Internet information and telecommunications network, earlier than ten days from the date of such posting."

Introduce into the Federal Law of August 17, 1995 N 147-FZ “On Natural Monopolies” (Collected Legislation of the Russian Federation, 1995, N 34, Art. 3426; 2001, N 33, Art. 3429; 2003, N 2, Art. 168 ; N 13, Art. 1181; No. 19, Art. 2007, Art. 5557;

1) paragraph 1 of Article 4 shall be supplemented with the following paragraph:

"water supply and sanitation using centralized systems, public infrastructure systems.";

2) Article 6 shall be supplemented with part four as follows:

"State regulation of prices (tariffs) for goods (works, services) of natural monopolies in the field of water supply and sanitation using centralized systems and public infrastructure systems is carried out in accordance with federal laws."

Make the following changes to Article 178 of the Criminal Code of the Russian Federation (Collected Legislation of the Russian Federation, 1996, No. 25, Art. 2954; 2003, No. 50, Art. 4848; 2009, No. 31, Art. 3922):

1) in paragraph one of part one, the words “concluding agreements restricting competition or carrying out concerted actions restricting competition” shall be replaced with the words “concluding an agreement (cartel) restricting competition by competing economic entities”;

2) in note 3, the words “compensated for the damage caused or transferred the income received to the federal budget” with the words “compensated for the damage or otherwise made up for the harm caused.”

Introduce into the Land Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, N 44, Art. 4147; 2005, N 1, Art. 17; N 30, Art. 3128; 2006, N 1, Art. 17; 2007, N 21 , Art. 2455; 2008, Art. 3616; 2011, Art. 3880;

1) paragraph 3 of Article 22 after the words “the tenant has” should be supplemented with the words “all other things being equal”;

2) in Article 38.1:

a) paragraph 9 should be stated as follows:

"9. The notice of the auction is posted on the official website of the Russian Federation on the Internet to post information about the bidding determined by the Government of the Russian Federation, no less than thirty days before the day of the auction. Before the Government of the Russian Federation determines the official website of the Russian Federation on the Internet for posting information about the bidding, the notice of the auction is posted on the official website of the auction organizer on the Internet and published by the auction organizer in a periodical printed publication, determined accordingly by the Government of the Russian Federation, the highest executive body of state power of the constituent entity of the Russian Federation, the head of the municipality. Information about the auction should be available to all interested parties without charging a fee.";

b) in paragraph 11, the third sentence should be stated as follows: “The notice of refusal to hold an auction is posted on the official website of the Russian Federation on the Internet, specified in paragraph 9 of this article, no later than the day following the day of the decision to refuse holding an auction.";

c) in paragraph 27, replace the word “ten” with the word “twenty”;

d) paragraph 29 should be stated as follows:

"29. Information about the results of the auction is published by the auction organizer within three days from the date of signing the protocol on the results of the auction in periodicals in which the auction was reported, and is posted on the official website of the Russian Federation on the Internet, specified in paragraph 9 of this article.";

e) add paragraph 30 with the following content:

"30. It is not allowed to conclude an agreement based on the results of an auction or in the event that the auction is declared invalid for the reason specified in subparagraph 1 of paragraph 26 of this article, earlier than ten days from the date of posting information about the results of the auction on the official website of the Russian Federation on the Internet "Internet".".

Introduce into the Federal Law of December 21, 2001 N 178-FZ “On the privatization of state and municipal property” (Collected Legislation of the Russian Federation, 2002, N 4, Art. 251; 2008, N 30, Art. 3616; 2010, N 23, Art. 2788; 2011, No. 29, Art. 4292) the following changes:

1) in article 15:

a) paragraph two of paragraph 1 should be supplemented with the words “as well as on the official website of the Russian Federation on the Internet for posting information on the holding of tenders determined by the Government of the Russian Federation”;

b) paragraph 2 after the words “on the website of the seller of state or municipal property on the Internet,” add the words “on the official website of the Russian Federation on the Internet for posting information about bidding”;

2) in article 18:

a) paragraph 4 should be supplemented with the following sentence: “The auction is held no earlier than ten working days from the date of recognition of applicants as participants in the auction.”;

b) in paragraph 14, replace the word “five” with the words “fifteen workers”;

3) paragraph 3 of Article 19 shall be supplemented with the following paragraph:

“A specialized auction is held no earlier than ten working days from the date of recognition of applicants as participants in a specialized auction.”;

4) in article 20:

a) paragraph 4 should be supplemented with the following sentence: “The competition is held no earlier than ten working days from the date of recognition of applicants as participants in the competition.”;

b) in paragraph 13, replace the word “ten” with the words “fifteen workers”;

5) in article 23:

a) paragraph 4 should be supplemented with the following sentence: “The sale through a public offer is carried out no earlier than ten working days from the date of recognition of the applicants as participants in the sale through a public offer.”;

b) in paragraph 13, replace the word “five” with the words “fifteen workers”;

6) Article 32 shall be supplemented with paragraph 5 as follows:

"5. It is not allowed to conclude an agreement based on the results of auctions, sales through a public offer, sales without announcing the price earlier than ten working days from the date of posting the protocol on the results of the sale of state or municipal property on websites on the Internet."

Introduce into the Federal Law of March 26, 2003 N 35-FZ “On Electric Power Industry” (Collection of Legislation of the Russian Federation, 2003, N 13, Art. 1177; 2007, N 45, Art. 5427; 2008, N 52, Art. 6236; 2010, No. 31, Art. 4156, 4160; 2011, No. 30, Art. 4596) the following changes:

1) Article 3 shall be supplemented with the following paragraphs:

"manipulation of prices on the wholesale electricity (power) market - committing economically or technologically unjustified actions, including using one’s dominant position on the wholesale market, which lead to a significant change in prices (prices) for electricity and (or) power on wholesale market, by:

submission of unreasonably high or low price bids for the purchase or sale of electrical energy and (or) capacity. An application whose price exceeds the price formed on a comparable product market, or the price established on this product market earlier (for similar hours of the previous day, for similar hours of the previous week, for similar hours of the previous month, the previous quarter);

submitting a price application for the sale of electrical energy indicating a volume that does not correspond to the volume of electrical energy generated using the maximum value of the generating capacity of the participant’s generating equipment, determined by the system operator in accordance with the rules of the wholesale market established by the Government of the Russian Federation;

submitting a price application that does not meet the established requirements of economic feasibility, determined by the federal executive authorities authorized by the Government of the Russian Federation;

manipulation of prices in the retail market of electrical energy (power) - the commission of economically or technologically unjustified actions by an economic entity occupying a dominant position in the retail market, which lead to a significant change in unregulated prices (prices) for electrical energy and (or) power.";

2) in article 25:

a) in paragraph 2:

in paragraph eight, delete the words “and (or) exclusive”;

in paragraph nine, delete the words “and (or) exclusive”;

in paragraph fifteen, the words “and (or) exclusive” should be deleted;

add the following paragraph:

“The procedure for determining the criteria for a significant change in prices (prices) for electrical energy and (or) capacity is established by the Government of the Russian Federation.”;

b) paragraph 3 should be stated as follows:

"3. The position of an economic entity (group of persons) is recognized as dominant if at least one of the following conditions is met:

the share of the installed capacity of its generating equipment or the share of electrical energy generated using the specified equipment within the boundaries of the free flow zone exceeds 20 percent;

the share of purchased or consumed electrical energy and (or) power within the boundaries of the corresponding free flow zone exceeds 20 percent.

When considering a case of violation of the antimonopoly legislation of the Russian Federation or when exercising control over economic concentration, it may be established that the position of an economic entity (group of persons) in the product market is not dominant, despite exceeding the share specified in this paragraph.";

c) paragraph 4 should be stated as follows:

"4. The antimonopoly body may recognize the dominant position of an economic entity (group of persons) with a share of less than 20 percent based on the presence of a dominant position of such an economic entity (group of persons) in the fuel markets and (or) establishing the fact that such an economic entity (group of persons ) has or is capable of exerting, in the corresponding zone or zones of free flow, a decisive influence on the formation of the equilibrium price for electrical energy in a certain period of the state of the wholesale market, characterized by the absence of the possibility of replacing the volume of electrical energy supplied by such an economic entity (group of persons) with the supply of electrical energy from other economic entities or replacement of the volume of electrical energy consumed by such an economic entity (group of persons) with the volume of electrical energy (power) consumed by other consumers, as well as based on other conditions determined in the manner established by the Government of the Russian Federation and related to the circulation of electrical energy and power in this free flow zone ";

d) in paragraph one of clause 5, delete the words “and (or) exclusive”;

e) in paragraph 6 the words “and (or) exclusive” should be deleted.

Amend Article 6 of the Federal Law of March 26, 2003 N 36-FZ "On the peculiarities of the functioning of the electric power industry during the transition period and on introducing amendments to some legislative acts of the Russian Federation and recognizing as invalid some legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On electric power industry" (Collected Legislation of the Russian Federation, 2003, N 13, Art. 1178; 2005, N 1, Art. 4; 2006, N 17, Art. 1783; 2007, N 45, Art. 5427; 2010, N 31, Art. 4156) the following changes:

1) part seven should be stated as follows:

"Legal entities, individual entrepreneurs, as well as affiliated entities within the boundaries of the same price zone of the wholesale market are prohibited from combining the activities of transmitting electrical energy and (or) operational dispatch control in the electric power industry with the activities of producing and (or) purchasing and selling electrical energy." ;

2) part eight should be stated as follows:

“In order to ensure the implementation of these requirements, legal entities, individual entrepreneurs, as well as affiliated persons within the boundaries of one price zone of the wholesale market are prohibited from simultaneously having, by right of ownership or other basis provided for by federal laws, property directly used in carrying out activities for the transmission of electrical energy and (or ) operational dispatch management in the electric power industry, and property directly used in the implementation of activities for the production and (or) purchase and sale of electrical energy.";

3) in paragraph six of part nine, replace the words “federal executive body authorized by the Government of the Russian Federation” with the words “antimonopoly body” and add the following sentence: “Affiliation of persons fulfilling the requirements of this article on ensuring separation by type of activity is allowed with business entities, specified in this paragraph, carrying out activities in the electric power industry primarily for their own production needs.";

4) in part ten, the words “by the federal executive body authorized by the Government of the Russian Federation” should be replaced with the words “by the antimonopoly body”;

5) in part eleven, replace the words “federal executive body authorized by the Government of the Russian Federation” with the words “antimonopoly body”;

6) add new parts thirteen to fifteen as follows:

“If forced reorganization (in the form of division or spin-off) of a legal entity cannot ensure compliance with the requirements established by this article in relation to affiliated persons, the antimonopoly authority:

applies to the court with an application for the forced sale of property owned by a legal entity and directly used in carrying out activities for the production and (or) purchase and sale of electrical energy;

applies to the court with a claim for forced termination of agreements (contracts), on the basis of which a legal entity has rights to property directly used in carrying out activities for the production and (or) purchase and sale of electrical energy.

If the court, on the basis of an application from the antimonopoly authority submitted on the basis of part thirteen of this article, has established the impossibility of the forced sale of property directly used in the activities of production and (or) purchase and sale of electrical energy, or the impossibility of terminating agreements (contracts), on the basis of which a legal entity has rights to property directly used in carrying out activities for the production and (or) purchase and sale of electrical energy, the antimonopoly authority:

applies to the court with an application for the forced sale of property owned by a legal entity and directly used in carrying out activities for the transmission of electrical energy and (or) operational dispatch control in the electric power industry;

applies to the court with a claim for forced termination of agreements (contracts), on the basis of which a legal entity has rights to property directly used in carrying out activities for the transmission of electric energy and (or) operational dispatch control in the electric power industry.

Rights to property subject to forced sale can only be transferred following the results of an open auction. Auctions for the sale of rights to the specified property are held by a federal executive body authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation. Until the Government of the Russian Federation establishes such a procedure, auctions for the sale of rights to the specified property are held in the manner established by Federal Law of December 21, 2001 N 178-FZ “On the privatization of state and municipal property.”;

7) add part sixteen as follows:

“When holding auctions for the sale of rights to the specified property, compliance with the requirements of this article must be ensured by persons who, as a result of these auctions, acquire rights to the property being sold. For this purpose, a mandatory condition for participation in the auction for the sale of rights to the specified property is the presence of a decision of the antimonopoly authority on approval of the acquisition by the relevant person of the property being sold if such transactions are subject to approval in accordance with the antimonopoly legislation of the Russian Federation.";

Introduce into the Federal Law of December 20, 2004 N 166-FZ “On Fisheries and Conservation of Aquatic Biological Resources” (Collected Legislation of the Russian Federation, 2004, N 52, Art. 5270; 2007, N 50, Art. 6246; 2008, N 49 , Art. 5748; 2011, No. 1, Art. 32) the following changes:

1) article 33.3:

a) add part 5 with the following content:

"5. The notice of the tender is posted on the official website of the Russian Federation on the Internet information and telecommunications network to post information about the bidding determined by the Government of the Russian Federation (hereinafter referred to as the official website on the Internet). Until the Government of the Russian Federation determines the official site on the Internet, a notice of the competition is posted on the official website of the competition organizer on the Internet information and telecommunications network and published by it in a periodical printed publication, determined accordingly by the Government of the Russian Federation, the highest executive body of state power of the subject of the Russian Federation. the competition must be available for review to all interested parties without charging a fee.";

b) add part 6 with the following content:

"6. It is not allowed to conclude an agreement on the provision of a fishing area based on the results of a competition or in the event that the competition is declared invalid, earlier than ten days from the date of posting information about the results of the competition on the official website on the Internet.";

2) Article 38:

a) add part 4 with the following content:

"4. A notice of an auction is posted on the official website on the Internet. Until the Government of the Russian Federation determines an official website on the Internet, a notice of an auction is placed on the official website of the auction organizer on the information and telecommunications network Internet and published by it in a periodical printed publication determined by the Government of the Russian Federation. Information about the auction must be available for review to all interested parties without charging a fee.";

b) add part 5 with the following content:

"5. It is not allowed to conclude an agreement on fixing shares of quotas for the production (catch) of aquatic biological resources, an agreement for the use of aquatic biological resources based on the results of an auction or in the event that the auction is declared invalid, earlier than ten days from the date of posting information about the results of the auction on the official website in "Internet" network.

Introduce into Article 161 of the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art. 14; 2007, N 1, Art. 14; 2008, N 30, Art. 3616; 2010, N 31, Art. 4206; 2011, No. 23, Art. 3263) the following changes:

1) add part 4.1 with the following content:

"4.1. Information about an open competition for the selection of a management organization is posted on the official website of the Russian Federation on the Internet information and telecommunications network for posting information about bidding (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Until the Government of the Russian Federation determines an official website on the Internet, a notice of an open competition is posted on the official website of the municipality on the Internet information and telecommunications network, and is also published in the official printed press. publication intended for the publication of information about the placement of orders for municipal needs. Information about the said competition should be available for review to all interested parties without charging a fee. Information about the results of the open competition is posted on the website on the Internet information and telecommunications network where it was published. information about its conduct is posted no later than three days from the date of determination of such results, and is also published in the official printed publication in which information about its conduct was published.";

2) add part 8.1 with the following content:

"8.1. It is not permitted to conclude an agreement for the management of an apartment building based on the results of an open competition or in the event that the said competition is declared invalid, earlier than ten days from the date of posting information about the results of the said competition on the official website on the Internet. This requirement does not apply. until the Government of the Russian Federation determines the official website on the Internet."

Make the following changes to Article 46.3 of the Town Planning Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 16; 2006, No. 52, Art. 5498; 2009, No. 29, Art. 3601):

1) Part 6 should be stated as follows:

"6. Notice of the auction is posted on the official website of the Russian Federation on the Internet for posting information about the auction (hereinafter referred to as the official website on the Internet) no less than thirty days before the day of the auction. The Government of the Russian Federation is determined official website on the Internet and the body authorized to maintain it. Until the Government of the Russian Federation determines the official website on the Internet, a notice of the auction is posted on the official website of the municipality on the Internet or if the municipality does not have an official website. on the official website of the constituent entity of the Russian Federation within the boundaries of which such a municipal entity is located, on the Internet, and also published by the auction organizer in the manner established for the official publication of municipal legal acts and other official information. Information about the auction must be available for review. to all interested parties at no charge.";

2) Part 26 should be supplemented with the following sentence: “It is not allowed to conclude an agreement based on the results of an auction or in the event that the auction is declared invalid for the reason specified in paragraph 1 of part 27 of this article earlier than ten days from the date of publication of information about the results of the auction on the official website on the Internet.

Make the following changes to Article 16 of the Water Code of the Russian Federation (Collected Legislation of the Russian Federation, 2006, N 23, Art. 2381; 2007, N 26, Art. 3075):

1) add part 5 with the following content:

"5. The notice of the auction is posted on the official website of the Russian Federation on the Internet information and telecommunications network to post information about the bidding determined by the Government of the Russian Federation (hereinafter referred to as the official website on the Internet). Until the Government of the Russian Federation determines the official website on the Internet, a notice of the auction is posted on the official website of the auction organizer on the information and telecommunications network Internet and published by him in a periodical printed publication determined, respectively, by the Government of the Russian Federation, the highest executive body of state power of a constituent entity of the Russian Federation, the head of a municipal entity . Information about the auction should be available for review to all interested parties without charging a fee.";

2) add part 6 with the following content:

"6. It is not allowed to conclude a water use agreement based on the results of an auction or in the event that the auction is declared invalid, earlier than ten days from the date of posting information about the results of the auction on the official website on the Internet."

Introduce into the Forest Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2006, N 50, Art. 5278; 2008, N 20, Art. 2251; N 30, Art. 3599; 2009, N 11, Art. 1261; N 29, Art. . 3601; 2011, No. 3880, No. 4291)

1) in Article 79:

a) part 3 should be stated as follows:

"3. A notice of an auction for the sale of the right to conclude a lease agreement for a forest plot located in state or municipal ownership, or the right to conclude a purchase and sale agreement for forest plantations, is posted on the official website of the Russian Federation on the Internet information and telecommunications network for posting information on the bidding (hereinafter referred to as the official website on the Internet) no less than sixty days before the day of the auction for the sale of the right to conclude a lease agreement for a forest plot or no less than fifteen days before the day of the auction for the sale of the right to conclude agreements for the purchase and sale of forest plantations. The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Before the Government of the Russian Federation determines the official website on the Internet, a notice of the auction is posted on the official website of the auction organizer in the information system. telecommunication network "Internet" and published by it in a periodical printed publication determined by the highest executive body of the constituent entity of the Russian Federation or the head of the municipality on whose territory the forest area is located (hereinafter referred to as the periodical printed publication). Information about the auction must be available for review to all interested parties without charging a fee.";

b) in part 5, the second sentence should be stated as follows: “The notice of refusal to hold an auction is posted by the auction organizer on the official website on the Internet within two days, and in the case specified in part 3 of this article, within three days also published in periodicals.";

2) in Article 80:

a) part 6 should be stated as follows:

"6. It is not allowed to conclude a lease agreement for a forest plot or a purchase and sale agreement for forest plantations based on the results of an auction or if the auction is declared invalid for the reason specified in paragraph 1 of part 7 of this article earlier than ten days from the date of publication of the information about the results of the auction on the official website on the Internet. In this case, the parties sign a lease agreement for a forest plot or a purchase and sale agreement for forest plantations within ten working days after the expiration of the period specified in this part.";

b) in part 8, replace the word “ten” with the word “twenty”.

Article 18 of the Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation” (Collection of Legislation of the Russian Federation, 2007, N 31, Art. 4006; 2008, N 30, Art. 3615) shall be supplemented with a part 4.3 as follows:

"4.3. The period for which agreements are concluded in relation to property included in the lists specified in part 4 of this article must be at least five years. The term of the agreement may be reduced on the basis of an application submitted before the conclusion of such an agreement by the person acquiring the rights of ownership and (or) use. The maximum period for provision of state or municipal property by business incubators for rent (sublease) to small and medium-sized businesses should not exceed three years."

Make the following changes to the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” (Collection of Legislation of the Russian Federation, 2007, N 41, Art. 4849):

1) Article 89 shall be supplemented with part 11 as follows:

"11. It is not allowed to conclude an agreement based on the results of bidding earlier than ten days from the date of signing the protocol on the basis of which the agreement is concluded, and if the specified protocol is to be posted on a website on the Internet, earlier than ten days from day of such placement.";

2) Article 90 shall be supplemented with part 3 as follows:

"3. The notice of bidding is posted on the official website of the Russian Federation on the information and telecommunications network "Internet" to post information about the bidding determined by the Government of the Russian Federation. Until the Government of the Russian Federation determines the official website of the Russian Federation on the information and telecommunications network "Internet" To post information about the auction, a notice of the auction is posted on the official website of the auction organizer on the Internet and published by it in a periodical printed publication determined by the Government of the Russian Federation. Information about the auction must be available for review by all interested parties without notice. collection of fees."

Part 1.1 of Article 5 of the Federal Law of December 25, 2008 N 284-FZ “On the transfer of rights to unified technologies” (Collected Legislation of the Russian Federation, 2008, N 52, Art. 6239; 2011, N 23, Art. 3271) is stated as follows editors:

"1.1. The official website is determined by the Government of the Russian Federation.".

Article 28 of the Federal Law of July 24, 2009 N 209-FZ “On hunting and on the conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation” (Collected Legislation of the Russian Federation, 2009, N 30, Art. 3735; 2011, N 27, Art. 3880) add part 33 with the following content:

"33. It is not allowed to conclude a hunting agreement based on the results of an auction or in the event that the auction is declared invalid for the reason specified in paragraph 1 of part 30 of this article, earlier than ten days from the date of posting information about the results of the auction on the official website of the Russian Federation in "Internet" network.

Article 16 of the Federal Law of June 27, 2011 N 162-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On the National Payment System" (Collected Legislation of the Russian Federation, 2011, N 27, Art. 3873) stated as follows:

"Article 16

Part 3 of Article 40 of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition” (Collection of Legislation of the Russian Federation, 2006, N 31, Art. 3434) after the word “organizations” add the words “organizations - payment system operators, operators of payment infrastructure services when carrying out their activities in accordance with the Federal Law “On the National Payment System.”

Declare invalid:

1) paragraph twenty-two of paragraph 1 of Article 1 of the Federal Law of July 17, 2009 N 173-FZ “On Amendments to Articles 171 and 53 of the Federal Law “On the Protection of Competition” (Collected Legislation of the Russian Federation, 2009, N 29, Art. 3610 );

2) clause 6 of part 4 of article 1 of the Federal Law of July 18, 2011 N 223-FZ “On the procurement of goods, works, services by certain types of legal entities” (Collected Legislation of the Russian Federation, 2011, N 30, Art. 4571);

3) paragraph 3 of Article 51 of the Federal Law of July 1, 2011 N 169-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” (Collected Legislation of the Russian Federation, 2011, N 27, Art. 3880).

1. This Federal Law comes into force thirty days after the day of its official publication, with the exception of paragraph 2 of Article 19 of this Federal Law.

3. The provisions of Part 6 of Article 53 of Federal Law No. 135-FZ of July 26, 2006 “On the Protection of Competition” (as amended by this Federal Law) apply to contracts concluded before the date of entry into force of this Federal Law.

President

Russian Federation

D.MEDVEDEV

Moscow, Kremlin

1. GENERAL PROVISIONS
1.1. The Personal Data Processing Policy (hereinafter referred to as the Policy) was developed in
in accordance with the Federal Law of July 27, 2006. No. 152-FZ “On Personal Data” (hereinafter referred to as FZ-152).
1.2. This Policy determines the procedure for processing personal data and measures to ensure the security of personal data at the Lawyer's College "Tax Lawyers" LLC (hereinafter referred to as the Operator) in order to protect the rights and freedoms of a person and citizen when processing his personal data, including the protection of rights to privacy life, personal and family secrets.
1.3. The Policy uses the following basic concepts:
- automated processing of personal data - processing of personal data using computer technology;
- blocking of personal data - temporary cessation of processing of personal data (except for cases where processing is necessary to clarify personal data);
- information system of personal data - a set of personal data contained in databases, and information technologies and technical means that ensure their processing;
- depersonalization of personal data - actions as a result of which it is impossible to determine without the use of additional information the ownership of personal data to a specific subject of personal data;
- processing of personal data - any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction , use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
- operator - a state body, municipal body, legal or natural person, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations), performed with personal data;
- personal data – any information relating to a directly or indirectly identified or identifiable individual (subject of personal data);
- provision of personal data – actions aimed at disclosing personal data to a certain person or a certain circle of persons;
- dissemination of personal data - actions aimed at disclosing personal data to an indefinite number of persons (transfer of personal data) or familiarizing with personal data to an unlimited number of persons, including the publication of personal data in the media, posting in information and telecommunication networks or providing access to personal data in any other way;
- cross-border transfer of personal data - transfer of personal data to the territory of a foreign state to an authority of a foreign state, a foreign individual or a foreign legal entity.
- destruction of personal data - actions as a result of which it is impossible to restore the content of personal data in the personal data information system and (or) as a result of which the material media of personal data are destroyed;
1.4. The company is obliged to publish or otherwise provide unrestricted access to this Personal Data Processing Policy in accordance with Part 2 of Art. 18.1. Federal Law 152.
2. PRINCIPLES AND CONDITIONS FOR PROCESSING PERSONAL DATA
2.1. Principles for processing personal data
2.1.1. The processing of personal data by the Operator is carried out on the basis of the following principles:
- legality and fairness;
- limiting the processing of personal data to the achievement of specific, predetermined and legitimate purposes;
- preventing the processing of personal data incompatible with the purposes of collecting personal data;
- preventing the merging of databases containing personal data, the processing of which is carried out for purposes that are incompatible with each other;
- processing only those personal data that meet the purposes of their processing;
- compliance of the content and volume of processed personal data with the stated purposes of processing;
- inadmissibility of processing personal data that is excessive in relation to the stated purposes of their processing;
- ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of processing personal data;
- destruction or depersonalization of personal data upon achieving the goals of their processing or in the event of loss of the need to achieve these goals, if it is impossible for the Operator to eliminate violations of personal data, unless otherwise provided by federal law.
2.2. Conditions for processing personal data
2.2.1. The operator processes personal data if at least one of the following conditions exists:
- processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;
- processing of personal data is necessary for the administration of justice, execution of a judicial act, act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;
- processing of personal data is necessary for the execution of an agreement to which the subject of personal data is a party or beneficiary or guarantor, as well as for concluding an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be a beneficiary or guarantor;
- processing of personal data is necessary to exercise the rights and legitimate interests of the operator or third parties or to achieve socially significant goals, provided that the rights and freedoms of the subject of personal data are not violated;
- processing of personal data is carried out, access to an unlimited number of persons is provided by the subject of personal data or at his request (hereinafter referred to as publicly available personal data);
- processing of personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.
2.3. Confidentiality of personal data
2.3.1. The operator and other persons who have access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.
2.4. Public sources of personal data
2.4.1. For the purpose of information support, the Operator may create publicly available sources of personal data of personal data subjects, including directories and address books. Public sources of personal data, with the written consent of the subject of personal data, may include his last name, first name, patronymic, date and place of birth, position, contact telephone numbers, email address and other personal data reported by the subject of personal data.
2.4.2. Information about the subject of personal data must be excluded at any time from publicly available sources of personal data at the request of the subject of personal data, the authorized body for the protection of the rights of personal data subjects, or by court decision.
2.5. Special categories of personal data
2.5.1. Processing by the Operator of special categories of personal data relating to race, nationality, political views, religious or philosophical beliefs, health status, intimate life is permitted in cases where:
- the subject of personal data has given consent in writing to the processing of his personal data;
- personal data is made publicly available by the subject of personal data;
- processing of personal data is carried out in accordance with the legislation on state social assistance, labor legislation, the legislation of the Russian Federation on state pensions, and labor pensions;
- the processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data or the life, health or other vital interests of other persons and obtaining the consent of the subject of personal data is impossible;
- the processing of personal data is carried out for medical and preventive purposes, in order to establish a medical diagnosis, provide medical and medical and social services, provided that the processing of personal data is carried out by a person professionally engaged in medical activities and obliged in accordance with the legislation of the Russian Federation to maintain medical confidentiality;
- processing of personal data is necessary to establish or exercise the rights of the subject of personal data or third parties, as well as in connection with the administration of justice;
- processing of personal data is carried out in accordance with the legislation on compulsory types of insurance, with insurance legislation.
2.5.2. The processing of special categories of personal data carried out in the cases provided for in paragraph 4 of Article 10 of the Federal Law No. 152 must be immediately terminated if the reasons for which their processing was carried out are eliminated, unless otherwise provided by federal law.
2.5.3. The processing of personal data on criminal records may be carried out by the Operator only in cases and in the manner determined in accordance with federal laws.
2.6. Biometric personal data
2.6.1. Information that characterizes the physiological and biological characteristics of a person, on the basis of which his identity can be established - biometric personal data - can be processed by the Operator only with the consent of the subject of personal data in writing.
2.7. Entrusting the processing of personal data to another person
2.7.1. The operator has the right to entrust the processing of personal data to another person with the consent of the subject of personal data, unless otherwise provided by federal law, on the basis of an agreement concluded with this person. The person processing personal data on behalf of the Operator is obliged to comply with the principles and rules for processing personal data provided for by Federal Law No. 152 and this Policy.
2.8. Processing of personal data of citizens of the Russian Federation
2.8.1. In accordance with Article 2 of the Federal Law of July 21, 2014 N 242-FZ “On amendments to certain legislative acts of the Russian Federation regarding clarification of the procedure for processing personal data in information and telecommunication networks” when collecting personal data, including through information telecommunication network "Internet", the operator is obliged to ensure recording, systematization, accumulation, storage, clarification (updating, changing), retrieving personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation, except for the following cases:
- processing of personal data is necessary to achieve the goals provided for by an international treaty of the Russian Federation or law, to implement and fulfill the functions, powers and responsibilities assigned by the legislation of the Russian Federation to the operator;
- the processing of personal data is necessary for the administration of justice, the execution of a judicial act, the act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter referred to as the execution of a judicial act);
- processing of personal data is necessary for the execution of the powers of federal executive authorities, bodies of state extra-budgetary funds, executive authorities of state authorities of the constituent entities of the Russian Federation, local government bodies and the functions of organizations involved in the provision of state and municipal services, respectively, provided for by the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”, including registration of the subject of personal data on a single portal of state and municipal services and (or) regional portals of state and municipal services;
- the processing of personal data is necessary for the professional activities of a journalist and (or) the legitimate activities of a mass media outlet or scientific, literary or other creative activity, provided that the rights and legitimate interests of the subject of personal data are not violated.
2.9. Cross-border transfer of personal data
2.9.1. The operator is obliged to make sure that the foreign state to whose territory it is intended to transfer personal data provides adequate protection of the rights of the subjects of personal data before such transfer begins.
2.9.2. Cross-border transfer of personal data to the territory of foreign states that do not provide adequate protection of the rights of personal data subjects may be carried out in the following cases:
- the presence of written consent of the subject of personal data to the cross-border transfer of his personal data;
- execution of a contract to which the subject of personal data is a party.
3. RIGHTS OF THE SUBJECT OF PERSONAL DATA
3.1. Consent of the subject of personal data to the processing of his personal
3.1.1. The subject of personal data decides to provide his personal data and consents to their processing freely, of his own free will and in his own interest. Consent to the processing of personal data can be given by the subject of personal data or his representative in any form that allows confirmation of the fact of its receipt, unless otherwise provided by federal law.
3.2. Rights of the subject of personal data
3.2.1. The subject of personal data has the right to receive from the Operator information regarding the processing of his personal data, unless such right is limited in accordance with federal laws. The subject of personal data has the right to demand from the Operator clarification of his personal data, blocking or destruction of it if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing, as well as take measures provided by law to protect his rights .
3.2.2. Processing of personal data for the purpose of promoting goods, works, services on the market by making direct contacts with the subject of personal data (potential consumer) using communication means, as well as for the purposes of political propaganda, is permitted only with the prior consent of the subject of personal data.
3.2.3. The operator is obliged to immediately stop, at the request of the personal data subject, the processing of his personal data for the above purposes.
3.2.4. It is prohibited to make decisions based solely on automated processing of personal data that give rise to legal consequences in relation to the subject of personal data or otherwise affect his rights and legitimate interests, except in cases provided for by federal laws, or with written consent of the subject of personal data.
3.2.5. If the subject of personal data believes that the Operator is processing his personal data in violation of the requirements of Federal Law-152 or otherwise violates his rights and freedoms, the subject of personal data has the right to appeal the actions or inaction of the Operator to the Authorized Body for the Protection of the Rights of Personal Data Subjects or in court .
3.2.6. The subject of personal data has the right to protection of his rights and legitimate interests, including compensation for losses and (or) compensation for moral damage.
4. ENSURING THE SECURITY OF PERSONAL DATA
4.1. The security of personal data processed by the Operator is ensured by the implementation of legal, organizational and technical measures necessary to ensure the requirements of federal legislation in the field of personal data protection.
4.2. To prevent unauthorized access to personal data, the Operator applies the following organizational and technical measures:
- appointment of officials responsible for organizing the processing and protection of personal data;
- limiting the number of persons allowed to process personal data;
- familiarization of subjects with the requirements of federal legislation and regulatory documents of the Operator for the processing and protection of personal data;
- organization of accounting, storage and circulation of media containing information with personal data;
- identification of threats to the security of personal data during their processing, formation of threat models based on them;
- development of a personal data protection system based on a threat model;
- use of information security tools that have passed the procedure for assessing compliance with the requirements of the legislation of the Russian Federation in the field of information security, in cases where the use of such means is necessary to neutralize current threats;
- checking the readiness and effectiveness of using information security tools;
- differentiation of user access to information resources and software and hardware for information processing;
- registration and accounting of actions of users of personal data information systems;
- use of anti-virus tools and recovery tools for the personal data protection system;
- application, where necessary, of firewall screening tools, intrusion detection, security analysis and cryptographic information protection tools;
- organization of access control to the Operator’s territory, security of premises with technical means for processing personal data.
5. FINAL PROVISIONS
5.1. Other rights and obligations of the Operator in connection with the processing of personal data are determined by the legislation of the Russian Federation in the field of personal data.
5.2. Employees of the Operator who are guilty of violating the rules governing the processing and protection of personal data bear material, disciplinary, administrative, civil or criminal liability in the manner prescribed by federal laws.

Federal Law No. 401-FZ of November 30, 2016 introduced a number of changes to the Tax Code of the Russian Federation aimed at clarifying the existing norms of legislation on taxes and fees, establishing new rights and obligations of taxpayers and tax authorities, tax rates, as well as provisions providing for the establishment new and extension of existing tax benefits.

1. The rules for calculating penalties have changed

Federal Law No. 401-FZ of November 30, 2016 introduced the following changes to the first part of the Tax Code of the Russian Federation:

• the opportunity to pay taxes for taxpayers by third parties has been provided since November 30, 2016 (Article 45 of the Tax Code of the Russian Federation);
• the interest rate of penalties for individuals who are not individual entrepreneurs has been retained in the amount of one three hundredth of the rate of the Bank of Russia, and its size has been doubled for legal entities and individuals who are individual entrepreneurs in case of delay in fulfilling the obligation to pay taxes, fees, insurance contributions over 30 calendar days (Article 75 of the Tax Code of the Russian Federation).

This rule comes into force on October 1, 2017 and applies to arrears arising from October 1, 2017.

2. The carryover of losses incurred in previous tax periods is limited.

Federal Law No. 401-FZ of November 30, 2016 increased the list of income not taken into account when determining the tax base (Article 251 of the Tax Code of the Russian Federation). These include the following income:

• received by a joint-stock company, all shares of which belong to the Russian Federation, from the sale of shares of other organizations, subject to the transfer of such income in full to the federal budget;
• in the form of services from transactions for the provision of guarantees, if all parties to the transactions are Russian organizations that are not banks. However, such transactions are not considered controlled.

The law establishes a new procedure for calculating the tax base for consolidated gross tax. The consolidated tax base is defined as the sum of all tax bases of the consolidated group members. The tax base of each CGT participant, which is included in the consolidated tax base, does not include the income of CGT participants, which are subject to taxation at the source of payment of income. Losses received by CTG participants in the reporting (tax) period are summed up. The consolidated tax base for such a period is determined taking into account the amounts of losses of all participants in the consolidated tax group. In this case, such amount of losses is taken into account in an amount not exceeding 50% of the consolidated tax base for such period.

It has been determined that if in the reporting (tax) period a loss is incurred by all participants of the consolidated tax group, then the consolidated tax base is recognized as equal to zero.

Now the taxpayer has the right to transfer to the current reporting (tax) period the amount of losses received in previous tax periods, provided that for the reporting (tax) period from 01.01.2017 to 31.12.2020, the tax base for the tax for the current reporting (tax) period, calculated in accordance with the procedure established by the Tax Code of the Russian Federation, cannot be reduced by the amount of losses received in previous tax periods by more than 50%.

In a similar manner, a loss that has not been carried forward to the next year may be carried forward in whole or in part to subsequent years. The specified procedure for accounting for losses does not apply when calculating the tax base, to which the tax rate for corporate income tax is applied in the amount of 0% with credit to the federal budget, as well as for residents of the special economic zone of the Kaliningrad region.

In addition, it has been established that for the period 2017-2020, the amount of tax payable to the federal budget is calculated at a rate of 3% (previously - 2%), and the amount of tax payable to the budget of constituent entities of the Russian Federation is calculated at a rate of 17%. (previously - 18%).

3. The list of excisable goods has been added

Federal Law No. 401-FZ of November 30, 2016 included in the list of excisable goods disposable electronic nicotine delivery systems, nicotine-containing liquids, as well as tobacco products intended for consumption by heating (heated tobacco).

The excise tax rates established by the current legislation on taxes and fees for wines made without the addition of rectified ethyl alcohol, wines with a protected geographical indication, with a protected designation of origin (with the exception of sparkling wines (champagnes)) have been doubled.

It is proposed to increase specific excise tax rates on all types of tobacco products established for 2017 by 10%, and index excise tax rates for 2018 and 2019 by 10% compared to the previous year.

Excise tax rates on motor gasoline that does not correspond to class 5, on diesel fuel, and on middle distillates in 2017-2019 are set at the 2016 level.

These changes come into force on 01/01/2017.

4. The validity period for applying VAT benefits has been extended

Federal Law No. 401-FZ of November 30, 2016 exempted from VAT the services for the sale to foreign persons of the rights to host the FIA ​​Formula 1 World Championship, as well as advertising services sold by the organization that acquired the rights to host the FIA ​​Formula 1 World Championship. 1" in Sochi.

This benefit will apply from 01/01/2017 to 12/31/2020.

In addition, the Law established a preferential VAT rate of 0% for the sale of services for the transportation of passengers and luggage by public long-distance railway transport.

The validity period of this benefit is set until December 31, 2029. Previously, such transactions were subject to VAT at a rate of 10%.

The 0% VAT rate is also extended in relation to:

• services for domestic air transportation of passengers and baggage, provided that the point of departure or destination of passengers and baggage is located on the territory of the Republic of Crimea or on the territory of the city of Sevastopol - until 01/01/2019;
• services for the transportation of passengers by rail in suburban traffic - until 12/31/2029.

In connection with the expansion of the scope of application of the institution of guarantee, the taxpayer is given the right to apply the application procedure for VAT refund if the tax payment obligations are secured by a guarantee. At the same time, the guarantee provides for the obligation of the guarantor, based on the request of the tax authority, to pay to the budget on behalf of the taxpayer the amount of VAT received in excess as a result of a tax refund in a declarative manner, if the decision on tax refund is canceled.

The law also establishes the requirements that the guarantor must meet. These rules will apply to surety agreements that ensure the fulfillment of tax obligations, the payment of which falls due after 07/01/2017. In accordance with the Law, transactions involving the issuance of sureties (guarantees) by a taxpayer who is not a bank are exempt from VAT.

5. The list of personal income tax benefits has been expanded

Federal Law No. 401-FZ of November 30, 2016 expanded the list of personal income tax benefits.

Income in cash and in kind received by Russian athletes included in the program of the XV Paralympic Summer Games in 2016, as well as by coaches and specialists who provided training for such athletes, is exempt from personal income tax.

Also, income paid to individuals from the election funds of candidates for State Duma deputies is exempt from personal income tax.

This benefit applies to income received from 01/01/2016.

In addition, income in the form of payments received by individuals who are not individual entrepreneurs from individuals for the provision of the following services for personal, household and (or) other similar needs is exempt from personal income tax:

• supervision and care of children, sick persons, persons over 80 years of age, as well as other persons in need of constant outside care according to the conclusion of a medical organization;
• tutoring;
• cleaning of residential premises, housekeeping.

The law grants the right to constituent entities of the Russian Federation to establish other types of services, the income from which will be exempt from personal income tax.

6. Changes have been made regarding the decision-making on the application of the cadastral value of a real estate property for tax purposes in relation to the results of the state cadastral valuation

Article 10 of the Federal Law of November 30, 2016 N 401-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” establishes that the highest executive body of state power of a subject of the Russian Federation may make a decision on the application of cadastral the value of a property for tax purposes in the cases provided for in Article 19 of the Federal Law of July 3, 2016 N 360-FZ, in relation to the results of state cadastral valuation obtained in accordance with the Federal Law of July 29, 1998 N 135-FZ "On Valuation Activities in the Russian Federation" Federation", from January 1, 2017 to January 1, 2020.

Previously, only debtors were responsible for company property to the tax authorities. In addition, the Federal Tax Service could request funds from affiliated organizations through the court. But, after recent amendments to the Tax Code, namely Article 45, third parties may be involved in paying the debt. In this case, responsibility for property lies primarily with the chief accountant, director, shareholders, etc. Let’s take a closer look at what the new Law 401 says regarding liability for the property of a bankrupt company and what other changes have been adopted.

Federal Law No. 401 “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” was adopted by the State Duma on November 18, 2016 and was approved by the Federal Council 11 days later in the same year. The signing of the legislative act by the President took place on November 30 of the same year. The law regulates the introduction of adjustments to the Tax Code, its first and second parts.

The law includes 13 articles. The first two articles introduced amendments to the first and second parts of the Tax Code, regulating liability for the property of a bankrupt company. The remaining articles modified another 10 legal acts.

Due to the recent adoption of the law, it did not have time to undergo changes. There are currently no new editions.

Latest changes

Federal Law No. 401 came into force on November 30, 2016. It is valid for only 9 months and during this time it has not been subject to adjustments. Let's look at more significant changes made to the Tax Code.

According to the property liability law, changes were made to the provisions about income tax . From 2017 to 2020, the limitation will be that the total amount of past losses must not exceed 50% of the tax base. From 2021, losses will be recognized in full. The ten-year limit on loss carrybacks was to be repealed. The amount of losses received by the group's shareholders was limited by 50%. Also, until 2020, the proportion of income tax distribution between the federal and regional budgets was adjusted by 3% to 17%. A doubtful debt is a debt that exceeds the counter-obligation to the counterparty.

The area has also undergone adjustments VAT under property liability law. Payment of VAT occurs by submitting an application and available guarantors. This person must be a Russian legal entity that has no debts, and the amount of VAT paid, etc., is more than 7 billion rubles over three years. Also, until 2030, a 0% VAT rate has been established for the transportation of citizens and luggage by rail across Russia. Organizations that are not banking institutions are not subject to taxation when carrying out operations to issue guarantees. Now taxpayers are required to restore VAT for previously received subsidies from regional and local budgets.

According to the property liability law, changes have been made to the area property tax and land tax . Starting from January 1, 2017, constituent entities of Russia have the opportunity to establish benefits on their territory in relation to movable property. The property should have been registered on January 1, 2013. Failure to use this right will end the benefit from 2018.

According to the new rules, affiliated individuals will also be responsible for the property of a company that does not have the funds to pay tax debts. The connection to legal entities has disappeared. Let us consider in more detail below who is ultimately responsible for the company’s property.

Who is responsible for the company's debts?

Federal Law No. 401 answered the main question - the chief accountant or director will be responsible for the debts of companies. According to the changes made, it was determined that an affiliated individual will be responsible for the company's tax debt. In the Tax Code, the person responsible for responsibility is article 45.

This means that during legal proceedings, tax authorities will be able to collect the debt not only from the debtor. The tax authorities may target the debtor's relatives, as well as the chief accountant, financial director and other persons who are in one way or another responsible for the company's property - they managed assets and dealt with funds.

In practice, responsibility for the company's property lies with almost any person belonging to this company - primarily the director or chief accountant. If a company has a debt of more than 5 million rubles, the tax office will collect this amount through the court.

Download text FZ-401

You can download the law “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” at.