In order to strengthen the national economy, further develop competition and prevent monopolistic activities, I decide:
1. Consider active promotion of competition in Russian Federation priority direction activities of the President of the Russian Federation, Federal Assembly Russian Federation, Government of the Russian Federation, Central Bank of the Russian Federation, federal executive bodies, legislative (representative) and executive government bodies of the constituent entities of the Russian Federation, as well as bodies local government.
2. Determine what your improvement goals are public policy for the development of competition are:
a) increasing consumer satisfaction by expanding the range of goods, works, services, improving their quality and reducing prices;
b) increasing the economic efficiency and competitiveness of business entities, including by ensuring equal access to goods and services of natural monopolies and public services necessary for maintaining entrepreneurial activity, stimulating the innovative activity of business entities, increasing the share of knowledge-intensive goods and services in the structure of production, developing markets for high-tech products;
c) stable growth and development of a diverse economy, development of technology, reduction of costs on the scale of the national economy, reduction of social tension in society, ensuring national security.
3. Define the following as the fundamental principles of state policy for the development of competition:
a) reducing the share of business entities established or controlled by the state or municipalities in the total number of business entities operating in commodity markets;
b) ensuring equal conditions and freedom economic activity on the territory of the Russian Federation;
c) ensuring the development of small and medium-sized businesses;
d) the focus of public investment on the development of competition;
e) providing conditions for attracting investment from business entities in the development of commodity markets;
f) the inadmissibility of restraining the economically justified transition of the spheres of natural monopolies from the state of natural monopoly to the state of a competitive market;
g) state regulation of prices (tariffs), based on the payback of organizations carrying out regulated types activities, while reducing costs and increasing their efficiency, ensuring the interests of consumers in the long term;
h) inadmissibility government regulation prices (tariffs), carried out by determining (establishing) prices (tariffs) or their maximum level on competitive commodity markets, except for cases provided for by the legislation of the Russian Federation;
i) development of competition in the areas of economic activity of state-owned enterprises and enterprises with state participation;
j) a combination of preventive and follow-up controls for the purpose of protecting competition;
k) stimulating business entities, including those occupying a dominant position in commodity markets, implementing a system of internal compliance with the requirements of antimonopoly legislation;
l) openness of antimonopoly policy;
m) responsibility of state authorities and local governments for the implementation of state policy on the development of competition;
o) measurability of the results of state policy on the development of competition;
o) stimulation by the state of fair practices in economic activity;
p) development of organized (exchange) trading in the Russian Federation;
c) information openness of the activities of infrastructure monopolies;
r) ensuring transparency in the procurement of goods, works, services for state and municipal needs, as well as the procurement of goods, works and services by infrastructure monopolies and companies with state participation;
s) introduction of a risk-based approach in the activities of state control (supervision) bodies;
t) improving antimonopoly regulation in the context of the development of the digital economy and its globalization in order to effectively suppress violations of antimonopoly legislation that are cross-border in nature and increase competitiveness Russian companies on world markets.
4. Determine the fundamental principles for carrying out the activities of federal executive authorities:
a) a ban on the introduction and (or) maintenance of restrictions that create discriminatory conditions in relation to certain types of economic activity, production and turnover of certain types of goods, provision of certain types of services, except for the cases provided for federal laws, legal acts of the President of the Russian Federation, legal acts of the Government of the Russian Federation;
b) a ban on unjustified interference in the free functioning of commodity markets, the issuance of acts, the adoption of decisions that may lead to the prevention or elimination of competition.
7. Top officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation to intensify work to develop competition in the constituent entities of the Russian Federation.
a) the Supreme Court of the Russian Federation to organize work on further study of the practice of courts’ application of antimonopoly legislation, legislation on state regulation of prices (tariffs), legislation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, legislation regulating the procurement of goods , works, services certain types legal entities, and explaining to the courts its application;
b) the General Prosecutor's Office of the Russian Federation to ensure coordination of the activities of law enforcement agencies in order to prevent and suppress competition-restricting agreements (cartels) prohibited in accordance with antimonopoly legislation;
c) local governments to intensify efforts to develop competition in municipalities;
G) National Council under the President of the Russian Federation for professional qualifications consider the possibility of creating a council of professional qualifications in the field of competition law and developing an appropriate professional standard;
e) The Ministry of Education and Science of the Russian Federation should consider the possibility of including in the nomenclature of specialties of scientific workers a separate specialty (“competition law”), in which an academic degree is awarded.
9. To propose to the Public Chamber of the Russian Federation the creation of advisory bodies for the development of competition on the basis of public advisory councils of the Federal Antimonopoly Service in all constituent entities of the Russian Federation, as well as to take part in the work of the collegial coordination or advisory body created in the constituent entities of the Russian Federation under the highest official for implementation of the standard for the development of competition in the constituent entities of the Russian Federation, approved by Order of the Government of the Russian Federation of September 5, 2015 No. 1738-r.
10. Suggest self-regulatory organizations, public organizations, trade unions and consumer councils:
a) take an active part in the work of advisory bodies on the development of competition;
b) use the mechanism of public control over the activities of state authorities and local self-government to identify acts and actions aimed at limiting competition and creating unreasonable administrative barriers;
c) send annually to the Federal Antimonopoly Service information on the assessment of the state of competition in the Russian Federation and the effectiveness of state policy for the development of competition for inclusion in the report on the state of competition in the Russian Federation, prepared by the Federal Antimonopoly Service in accordance with paragraph 10 of part 2 of Article 23 of the Federal Law " On protection of competition";
d) continue to work to create an intolerant attitude in society towards any manifestations of acts of unfair competition and economic activity aimed at monopolization;
e) take part in interaction with the media in disseminating information about the implementation of state policy on the development of competition, about the requirements of antimonopoly legislation, as well as positive experience in countering citizens and civil society institutions with acts of unfair competition and economic activities aimed at monopolization.
| President of Russian Federation | V. Putin |
Moscow Kremlin
approve an action plan for the transition of certain areas of natural monopolies from the state of natural monopoly to the state of a competitive market;
present proposals to reduce the level of administrative barriers that impede the development of competition;
approve an action plan aimed at the systematic development of organized trading in commodity markets, including, among other things, mechanisms for the formation of key commodity positions, the establishment market prices for relevant groups of goods, stimulating and attracting business entities to participate in exchange trading, using the potential of small and medium-sized enterprises for the development of organized trading;
take measures to improve the efficiency of the antimonopoly authorities, including:
ensure the ability of employees of antimonopoly authorities, within the framework of administrative procedures, when exercising the powers assigned to them, to independently direct the course of the investigation and make decisions on the conduct of procedural actions in cases of violations of antimonopoly legislation;
exclude the possibility of suspending decisions and orders of antimonopoly authorities in relation to state authorities and local governments, except for cases when such suspension is introduced by a judicial act;
ensure the implementation of measures aimed at the development and adoption of companies from among the subjects of natural monopolies and companies with state participation, if the value of their assets (the assets of their groups of persons) according to the balance sheet as of the last reporting date exceeds seven billion rubles or the revenue of such organizations (their groups of persons) from the sale of goods for the last calendar year exceeds ten billion rubles:
rules for non-discriminatory access of suppliers to procurement;
plans to reduce the practice of concluding contracts with “sole supplier” in procurement activities;
programs to improve the quality of procurement management, providing for the development of performance indicators of such programs, assessment and advanced training of personnel responsible for the implementation of procurement activities;
take measures aimed at creating and organizing a system of internal ensuring compliance with the requirements of antimonopoly legislation of the activities of federal executive authorities;
Adopt, before July 1, 2019, regulatory legal acts that provide a unified procedure for the development, approval and control of the implementation of investment programs of natural monopolies and organizations engaged in other regulated activities, if the source of financing the investment program is the funds taken into account when approving tariffs;
carry out annually, including with the involvement of representatives of the business community, experts and expert organizations, analysis and assessment of the degree of achievement of indicators provided for in the action plans for the development of competition for 2018 - 2020 in sectors of the economy of the Russian Federation, in order to assess the state of competition and the effectiveness of state competition development policies;
b) Federal Antimonopoly Service:
when submitting to the Government of the Russian Federation a report on the state of competition in the Russian Federation, prepared in accordance with clause 10 of part 2 of Article 23 of the Federal Law “On the Protection of Competition” (hereinafter referred to as the report on the state of competition), include the following information:
assessment of the state and main trends in the development of competition in the Russian Federation, including taking into account the indicators of international organizations;
information on the implementation of activities (including competition development plans), achievement key indicators provided for by the National Plan;
main problems, trends and proposals for the development of competition in individual industries;
assessment of the state of competition in the constituent entities of the Russian Federation;
assessment of the state of competition by civil society institutions;
in agreement with the Ministry of Foreign Affairs of the Russian Federation and the Ministry economic development Russian Federation to ensure development international cooperation with the competition authorities of the BRICS countries and the Eurasian Economic Union, including the development and conclusion of international agreements aimed at identifying and suppressing anti-competitive agreements in cross-border markets and unfair competitive practices;
c) federal executive authorities:
to the Government of the Russian Federation - report on compliance of documents strategic planning and state programs on the principles of state policy for the development of competition, on factors limiting competition in established areas of activity and industries, and measures taken to abolish or amend regulations leading to excessive government regulation in established areas of activity;
to the Ministry of Economic Development of the Russian Federation - proposals to expand the list of socially significant markets provided for by the standard for the development of competition in the constituent entities of the Russian Federation, for consideration and preparation of appropriate changes;
ensure interaction with executive authorities of the constituent entities of the Russian Federation and local governments in order to implement the National Plan;
ensure annual submission of information on the achievement of goals, objectives and indicators of competition development plans to the Federal Antimonopoly Service for its subsequent inclusion in the report on the state of competition;
ensure that competition development plans are posted on the Internet information and telecommunications network, as well as information on the dynamics of key indicators of competition development and the results of the implementation of activities provided for in competition development plans;
d) federal executive authorities, state companies and state corporations when organizing procurement activities:
ensure the implementation of indicators characterizing the efficiency of procurement of goods, works, services, including by subordinate organizations;
e) the Ministry of Internal Affairs of the Russian Federation, Investigative Committee Russian Federation and Federal service security of the Russian Federation to ensure the organization, within the limits of its powers, in interaction with federal executive authorities, of identifying, preventing, suppressing and disclosing competition-restricting agreements (cartels) prohibited in accordance with antimonopoly legislation;
f) senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation:
ensure, by January 1, 2019, the introduction of amendments to the regulations on executive authorities of the constituent entities of the Russian Federation, providing for the priority of goals and objectives to promote the development of competition in the relevant product markets;
take, by March 1, 2019, measures aimed at creating and organizing a system of internal ensuring compliance with the requirements of antimonopoly legislation for the activities of executive authorities of the constituent entities of the Russian Federation;
interact with federal executive authorities in order to implement the National Plan.
4. The Government of the Russian Federation shall ensure, by January 1, 2019, the inclusion in in the prescribed manner V State Duma Federal Assembly of the Russian Federation draft federal laws, including:
a) restriction of the creation of unitary enterprises in competitive markets;
b) prohibition of direct or indirect acquisition by the state and municipalities of shares and shares of business companies operating in commodity markets in competitive conditions (with the exception of organizations defense complex and enterprises of strategic importance for ensuring the defense of the country and the security of the state, as well as cases where the acquisition by the state and municipalities of shares and interests in such business entities is provided for by federal laws, acts of the President of the Russian Federation or the Government of the Russian Federation);
c) the ability of the Government of the Russian Federation, in the interests of defense and security, including the protection of the life and health of citizens, to authorize the use of an invention, utility model or industrial design without the consent of the patent holder, notifying him of this as soon as possible and paying him proportionate compensation;
d) reform legal regulation activities of natural monopolies, including excluding the possibility of classifying economic entities operating in competitive areas of activity as entities of natural monopolies;
e) gradual termination of state tariff regulation in competitive areas of activity based on an analysis of the consequences of the termination of this regulation in relation to individual subjects of natural monopolies;
f) securing the rights of the consumer council to exercise public control at the federal level and the level of constituent entities of the Russian Federation over the activities of natural monopolies, companies with state participation and regulated organizations when making decisions on tariffs, as well as when approving investment programs and monitoring their implementation;
g) legal regulation of the internal compliance system with the requirements of antimonopoly legislation;
h) determining the basis for state regulation of prices (tariffs) using comparable markets as a priority method and a long-term (at least five years) regulation period;
i) establishing a unified procedure for pre-trial consideration of disputes related to the establishment and (or) application of regulated prices (tariffs).
APPLICATION
towards development
competition in the Russian Federation
for 2018-2020
Scroll
sectors (spheres) of the economy (types of activity) and expected results of competition development
| Branch (sphere) of the economy (types of activity) | Expected results | |
|---|---|---|
| 1. | Healthcare, including markets for pharmaceuticals medical use, markets for medical products, markets for medical services | ensuring the functioning of markets for medicines for medical use and markets for medical products on the principles of interchangeability; price reduction for medications for medical use and medical products, improving their accessibility for citizens; ensuring non-discriminatory distribution financial resources compulsory health insurance system for payment for medical services provided to citizens within the framework of the program guaranteeing free medical care |
| 2. | Market social services | ensuring the possibility of participation in the provision of social services to non-governmental organizations on a non-discriminatory basis |
| 3. | Agro-industrial complex | increasing the level of marketability of the main types of agricultural products, expanding the geography of supplies and the range of agricultural goods sold at organized auctions, reducing the dependence of the domestic market on foreign breeding and genetic materials and related agrotechnological solutions |
| 4. | Road construction | reducing the share of procurements recognized as failed from 30 percent in 2017 by at least 5 percent per year. Exclusion of participation in auctions by persons included in the group of persons determined in accordance with antimonopoly legislation. Decartelization of the road construction sector, including in the implementation public procurement for maintenance, repair and construction of road facilities |
| 5. | Telecommunications | ensuring the formation of innovative infrastructures on the principles of establishing non-discriminatory requirements for market participants, regardless of the technologies used in the provision of communications services. Ensuring that at least 80 percent of cities with a population of more than 20 thousand people have at least 3 operators providing communication services for signal transmission purposes. Elimination of unreasonable differences in tariffs for cellular communication services when traveling within the Russian Federation (roaming) |
| 6. | Information Technology | increasing the share of Russian software products in the field information technologies, including in socially significant sectors (energy, housing and communal services, healthcare, education, transport, security), including the provision of services in the format cloud services by at least 10 percent annually |
| 7. | Housing and communal services, including heat supply, water supply, sanitation | reduction in the subject of the Russian Federation of the share of productive supply of resources sold by state and municipal unitary enterprises in the total volume of such resources sold in the subject of the Russian Federation to the following indicators (provided that the share of productive supply of resources sold by state and municipal unitary enterprises in general does not increase the volume of such resources sold in the constituent entities of the Russian Federation, compared to the level of 2016 in the constituent entities of the Russian Federation, where at the time of approval the indicators of the first or subsequent years have already been achieved): heat supply - up to 20 percent in 2019 and up to 10 percent in 2020; water supply - up to 20 percent in 2019 and up to 10 percent in 2020; water disposal - up to 20 percent in 2019 and up to 10 percent in 2020 |
| 8. | Gas supply | transition to market pricing through the formation of exchange and over-the-counter indicators of prices for natural gas, ensured, among other things, by an increase in sales volumes natural gas at organized auctions. Formation of a stock index, formation of an over-the-counter index |
| 9. | Oil and petroleum products | development of market pricing mechanisms through the development of organized trading in oil for export and the formation of a standard (benchmark) for Russian oil, development of a futures exchange market for petroleum products, development of organized small-scale wholesale trading and the formation of market price indicators of the small-scale wholesale market, deregulation of prices for the transportation of petroleum products through main oil product pipelines, providing maintaining the volume of organized trading of petroleum products at a level of more than 10 percent of supplies to the domestic market, increasing the volume of export transactions for oil |
| 10. | Sphere of natural monopolies | elimination of tariff discrimination. Transparency and long-term tariff regulation |
| 11. | Transport services | development of fair competition in the freight transportation market (road, rail, air and aquatic species transport) and related services. Further development of institutions for interaction between the state and business (including within the framework of the Transport Services Market Council). Development electronic systems transport services, including for small and medium-sized businesses, which are provided by organizations in the transport sector that are not subjects of natural monopolies, and (or) in respect of which price regulation is not applied, including through the launch of electronic trading platform on cargo transportation, and the formation of market indicators for prices. Control of the level of economic concentration in the field of freight transport. Update regulatory framework in the field of freight transportation, including the development of rules for non-discriminatory access to port services, updating the rules for non-discriminatory access to railway transportation services and information disclosure standards. Approval of a new open tariff price list joint stock company"Russian Railways" (including the allocation of the locomotive component of the tariff in the required gross revenue of the subject of regulation). Comprehensive development of interregional and municipal transportation various types transport (development of interspecific competition in passenger transportation). Development of a balance of interspecific competition in the field of freight and passenger transportation (including inland waterway, rail and pipeline transport) |
| 12. | Industry | creating conditions for the production of Russian goods that can effectively compete with foreign analogues in the domestic and foreign markets. Increasing the share of exports of Russian industrial goods in the total volume of industrial goods produced on the territory of the Russian Federation |
| 13. | Financial markets | creation of a competitive mechanism for subsidizing compensation for losses in the income of Russian leasing organizations when providing the lessee with a discount on the advance payment under leasing agreements. Introducing changes to the procedure for forming the Committee of Users of Central Securities Depository Services in order to create conditions to ensure the necessary influence of users of the services of the central securities depository on its tariff policy and to prevent them from setting unreasonable prices for their services. |
Document overview
The President of Russia has defined goals and fundamental principles improving state policy for the development of competition.
Also approved National plan development of competition in Russia for 2018-2020. It provides, in particular, the following.
Each industry must have at least 3 economic entities. At least one of them must relate to small businesses (except for the areas of natural monopolies and the defense industry).
By 2020, the number of “antimonopoly” violations by government authorities should be reduced by at least 2 times compared to 2017. Also, by this time, the share of government procurement from small businesses and SONO should be increased by 18%, and by 18% - procurement of state-owned companies from small and small businesses. medium enterprises.
It is planned to introduce bills to limit the creation of unitary enterprises in competitive markets, limit state participation in business societies, exclusion of the possibility of classifying business entities operating in competitive areas as natural monopolies, gradual restriction of state regulation of tariffs in competitive areas. It is planned to introduce public control of the consumer council over decisions on tariffs of natural monopolies and state-owned companies. A unified procedure for pre-trial consideration of disputes regarding state tariffs will be established.
To implement these areas, a number of instructions were given to the Government of the Russian Federation, the Federal Antimonopoly Service of Russia, the Ministry of Education and Science of Russia, and other federal executive authorities. Recommendations are also given Supreme Court of the Russian Federation, the Prosecutor General's Office, local governments, the National Council under the President of the Russian Federation for professional qualifications, the Civic Chamber of the Russian Federation, as well as SROs, public organizations, trade unions and consumer councils.
June 4
- 9:30–10:00 Registration
- 10:00–10:20 Welcome words:
- Sergey Movchan (Vice Governor of St. Petersburg)
- Vadim Vladimirov (Head of the St. Petersburg OFAS Russia)
- Ilya Demenyev (First Vice-Rector of St. Petersburg State University)
- Aleftina Timoshenko (Head of the Department of Legal Protection of Economic Competition at St. Petersburg State University, Assistant Head of the Federal Antimonopoly Service of Russia)
- 10:20–11:50 Plenary session “National Competition Development Plan for 2018/20”
- Alexander Shlychkov (deputy head legal management FAS Russia) “Implementation of the national competition development plan”
- Nadezhda Pakhomova (professor of the department economic theory St. Petersburg State University), Oksana Batistova (senior lecturer of the Department of Economic Theory of St. Petersburg State University) “Development of competition in the constituent entities of the Russian Federation: taking into account the experience of the EU and the EAEU”
- Maria Tsenzharik (Assistant Professor, Department of Enterprise Economics and Entrepreneurship, St. Petersburg State University) “Competition in the digital economy: is everything so simple?”
- Elena Rybachenko (Deputy Head of the Control and Financial Department of the FAS Russia) “Implementation of the competition development standard in 2017. Results. Tasks"
- Alexander Slesarev (program manager of the ANO "Agency strategic initiatives to promote new projects")
- Kirill Emelyanov (Deputy Director of the Department for the Development of Small and Medium Enterprises and Competition of the Ministry of Economic Development of the Russian Federation
- 11:50–12:10 Discussion, press approach
- 12:10–12:30 Coffee break
- 12:30–13:50 Plenary session “Implementation of the National Plan for the Development of Competition in the Regions. Experience in implementing the competition development standard in the constituent entities of the Russian Federation"
- Elgiz Kachaev (Chairman of the Committee for the Development of Entrepreneurship and the Consumer Market of St. Petersburg) “On the experience of implementing the Standard for the Development of Competition in St. Petersburg”
- Andrey Mushkarev (Chairman of the Committee for Tourism Development of St. Petersburg)
- Dmitry Sachkov (Chairman of the Committee on government order St. Petersburg)
- Vadim Vladimirov (Head of the St. Petersburg OFAS Russia) “ New stage development of competition in St. Petersburg"
- Anton Rogachevsky (member Public Council under the Federal Antimonopoly Service of Russia) “Incentives for the introduction of antimonopoly compliance as part of the state’s antimonopoly policy, determined by Decree of the President of Russia dated December 21, 2017 No. 618”
- Tikhon Koryagin (Head of the Competition Development Department of the Committee on Competition Policy of the Moscow Region) “On problematic issues of competition development and ways to solve them in the Moscow Region”
- 13:50–14:00 Summing up
June 5
Moderator - Vadim Vladimirov (Head of the St. Petersburg OFAS Russia)
- 10:00–11:50 Plenary session “Implementation of the National Plan for the Development of Competition in the Regions. Experience in implementing the competition development standard in the constituent entities of the Russian Federation"
- Irina Zolotukhina (Advisor to the Control and Financial Department of the Federal Antimonopoly Service of Russia) “Problems of methodological support for assessing the competitive environment”
- Mikhail Teodorovich (Head of the Nizhny Novgorod OFAS Russia)
- Natalya Patokina (Head of the Department of Antimonopoly Control and Combating Cartels of the Nizhny Novgorod OFAS Russia) “Management mechanism for the development of competition at the regional level”
- Yulia Sofronova (Associate Professor of the Department of Public Relations, Marketing and Communications, INEU NSTU named after R. E. Alekseev, Nizhny Novgorod) “Sociocultural foundations of human-oriented policy to increase consumer satisfaction”
- Mikhail Teodorovich (Head of the Nizhny Novgorod OFAS Russia), Alexander Soldatkin (Assistant Professor of the Department of Sociology of Project Activities and Pro-Competitive Regulation of the Faculty social sciences Nizhny Novgorod State University named after N.I. Lobachevsky) “Mechanism for ensuring measurability and comparability of policy results for the development of competition in relation to consumer satisfaction”
- Svetlana Zhuravleva (Deputy Chairman of the Committee on Competition Policy of the Moscow Region) “ Digital technologies as one of the means of developing competition"
- Nikita Smirnov (Deputy Head of Administration of the Dubna Urban District) “Experience municipality"city district of Dubna" for the implementation of the project of the special economic zone "Dubna""
- Alexander Pleteshkov (Head of the Leningrad OFAS Russia) “Intensifying coordination efforts of the public, as well as prospects for the introduction of antimonopoly compliance in government bodies and business entities”
- Vladimir Okshin (Head of the Orenburg OFAS Russia) “The practice of the Orenburg OFAS Russia in implementing the Agreement on interaction between the FAS Russia and the Government of the Orenburg Region”
- Arthur Pryakhin (Head of the Karelian OFAS Russia) “Interaction between antimonopoly and law enforcement agencies in identifying and disclosing cartel agreements between bidders for supplies medical equipment And medicines for needs medical institutions Republic of Karelia. Practice of the Karelian OFAS Russia"
- Elena Novikova (Head of the Department for Development of Economic Sectors and Competition of the Ministry of Economy Krasnodar region) "National Competition Development Plan 2018/20 - implementation and proposals"
- Natalia Shumko (chief consultant of the department for the development of economic sectors and competition of the Ministry of Economy of the Krasnodar Territory) “The practice of developing a competitive environment in socially significant and priority markets of the Krasnodar Territory”
- 11:50–12:10 Discussion, summing up
MOSCOW, December 21. /TASS/. Russian President Vladimir Putin, by decree, approved the National Competition Development Plan for 2018-2020. The document contains specific measures that will contribute to the development of competition in Russia.
As noted, the plan’s measures are aimed at ensuring the presence of at least three players in all markets (except for natural monopolies and the defense industry), one of which must be a private business. In addition, by 2020 the share of government procurement from small and medium-sized enterprises should double. At the same time, there should be a twofold reduction in the number of violations of antimonopoly legislation by government agencies.
What is planned to be done
To achieve these goals, the Russian government, before October 1, 2018, must determine the list of natural monopolies whose investment programs are approved by the Cabinet of Ministers. At the same time, by July 1, 2019, the government must determine a unified procedure for the development, approval and control of the implementation of investment programs of natural monopolies, and by July 1, 2018, approve industry plans for the development of competition until 2020. By the same deadline, a plan for the transition of certain areas of natural monopolies to a competitive market must be approved.
By February 1, 2019, the government must submit proposals to reduce administrative barriers that impede the development of competition. By March 1, 2019, the Cabinet of Ministers must ensure the ability of employees of the antimonopoly service to independently direct the progress of investigations and make decisions on the conduct of procedural actions in antimonopoly cases, as well as exclude the possibility of suspending decisions and orders of antimonopoly authorities in relation to state and municipal bodies (with the exception of judicial suspension) .
New bills
According to the document, the Russian government must submit several bills to the State Duma by January 1, 2019. In particular, we're talking about on limiting the creation of unitary enterprises in competitive markets, prohibiting direct and indirect acquisition by the state of shares and shares of companies in competitive markets. In addition, the government should be able, in the interests of defense and security, to authorize the use of an invention, utility model or industrial design without the consent of the patent owner (with notification and payment of compensation).
It is expected that the legal regulation of natural monopolies will be reformed. Thus, such entities should not include companies operating in competitive areas. There must be a phased cessation of state tariff regulation in competitive areas. At the same time, by January 1, 2019, a bill on the fundamentals of tariff regulation must be introduced, defining the principles of long-term tariff formation common to all areas. A unified procedure for pre-trial consideration of disputes related to the establishment and application of tariffs should also be established.
Vladimir Putin signed a decree on the national plan for the development of competition, which had been prepared for two years by the Federal Antimonopoly Service (FAS). The project, which Open Government also worked with, became less radical and more technological. The most stringent ideology in it is the presence in any competitive market of at least three companies, one of which must be private. The decree signed on December 21 will obviously not be included in the list of new programmatic May decrees or their analogues after the 2018 elections.
On December 21, Vladimir Putin signed a decree on the development of competition, which the government had been preparing for two years. The FAS had to finalize the draft decree due to objections from the presidential administration (see Kommersant, October 16), and before that, from colleagues in the White House and business (see Kommersant, November 2 and 7, 2016). Most of the service's controversial initiatives were withdrawn or softened in the process; the main ideas of the White House were supported.
The decree signed by Vladimir Putin, which includes a national plan for the development of competition for 2018–2020, requires that “active promotion of competition development ... be considered a priority” for the work of all branches of government and the Central Bank. In particular, it requires the presence of “at least three economic entities” in all sectors of the economy, one of which must be private.
The main principles of pro-competitive state policy include reducing the share of state-owned companies in the economy, ensuring freedom of economic activity, supporting the development of small and medium-sized businesses, and taking into account the development of competition in state investments.
A large-scale schedule for the government to adopt and introduce various bills is part of the decree - the most important of them are, apparently, laws banning the creation of new state unitary enterprises in competitive markets and the refusal to purchase market companies by the state, reducing the share of state unitary enterprises and municipal unitary enterprises in the housing and communal services market and increasing the shares of private ones companies in the compulsory medical insurance system in healthcare, on the principles of tariff reform (see Kommersant-Online for more details). Separately, for 2018, a new approach to determining the list of state-owned companies whose investment programs are controlled by The White house. Among the points dropped from the FAS plans are, first of all, the intentions of Igor Artemyev’s department to coordinate the investment programs of state monopolies and strengthening the role of the Prosecutor General’s Office in antimonopoly activities, while the department itself will somewhat expand its powers (see Kommersant-Online for more details). At the same time, the previously proposed spirit of the “campaign for competition” practically disappeared from the document - for example, the proposal to actively cover the fight against monopolists on federal television channels.
The decree mentions some of the developments of the “Open Government”, which in recent months actively contributed to the preparation of both the FAS document and the decree - in terms of competition development, the influence of the principles of control and supervision reform is obvious, requiring the introduction of a risk-based approach in this area, the development of antimonopoly compliance is in this vein. The National Plan also supports the “digital” initiatives of the FAS recent years, demanding improvement of antimonopoly regulation “in order to effectively suppress violations of antimonopoly legislation that are cross-border in nature and increase the competitiveness of Russian companies in world markets.”
According to the head of the FAS, Igor Artemyev, “the service developed the decree approving the national competition development plan on the initiative of Minister Mikhail Abyzov with the active participation of the business community and Open Government experts.” As the head of the FAS expects, the adoption of the national plan “will make it possible to make a breakthrough in the transition of the FAS from active measures to protect competition to active measures to develop it - the document contains both the priorities and principles of antimonopoly policy, as well as specific tasks for specific markets.” It is assumed that the plan will be regularly approved by presidential decree, similar to the National Anti-Corruption Plan (it is approved every two years).
Particular rigidity in the practical implementation of competition development plans is not expected. Thus, proposals to limit purchases from a single supplier by government customers and state-owned companies will only be discussed in April 2019 or later. Let us note that the signing of the decree before the 2018 elections can to some extent be considered a failure of the FAS - the presence of such a document in the list of new May decrees in 2018 would have significantly increased its significance.
Oleg Sapozhkov, Dmitry Butrin