OREANDA-NEWS. April 20, 2009. The Supreme Court of the Russian Federation ruled that the Federal Antimonopoly Service (FAS Russia) and its regional offices can control state procurement and officers of the Antimonopoly Service can process administrative cases on procurement violations and undertake measures of administrative control, reported the press-centre of FAS Russia.

In 2008 the Dagestan Office of the Federal Antimonopoly Service (OFAS Russia) processed several cases related to procurement violations. OFAS Russia imposed fines upon the culpable officials and some of those decisions were appealed to the Soviet District Court of Makhachkala.

Upon examining several appeals, some judges concluded that the Dagestan OFAS Russia does not have the authority to initiate and process the cases on administrative violations in procurement.

The Antimonopoly Office disagreed with such statements and approached the Supreme Court of the Dagestan Republic but its position was not supported. Than the Antimonopoly Office sought protection of its rights in the Supreme Court of the Russian Federation. The Court confirmed that regional offices of the Federal Antimonopoly Service (FAS Russia) are authorized to control state and municipal procurement of goods, works and services, and officers of the antimonopoly bodies can draw up the protocols and process cases on administrative violations in procurement.

The findings of the Supreme Court of the Russian Federation are formalized in the Review of Legislation and Judicial Practice for Q4 2008 in the following wording (http://www.supcourt.ru).

According to the Decree of the Government of the Russian Federation of 20th February 2006 "On the federal executive body authorized to control procurement of goods, works and services for the state federal needs", the Federal Antimonopoly Service is the authorized federal executive body that controls procurement of goods, works and services for the state federal needs, except the procurement of goods, works and services under the government defence order.

Under Clause 3 Part 2 Article 23.66 of the Code of the Russian Federation on Administrative Violations, the Heads of the regional offices of the federal executive bodies authorized to control state and municipal procurement of goods, works and services, as well as their Deputies, have the authority to investigate and process cases on administrative violations on behalf of those bodies.

At the same time, Part 1 Article 28.3 of the Code of the Russian Federation on Administrative Violations specifies that the protocols on administrative violations can be drawn by the officers of the bodies authorized to process the cases on administrative violations. The list of officers who have the right to draw the protocols on administrative violations shall be established by the authorized federal executive bodies and the authorized executive bodies of the constituent territories of the Russian Federation in accord with the objectives and functions assigned to those bodies by the federal legislation (Part 4 Article 28.3 of the Code of the Russian Federation on Administrative Violations).

The Order of the Federal Antimonopoly Service of 19th November 2004 (revised and expanded) approved the list of officers of the regional offices of the Federal Antimonopoly Service authorized to draw the protocols on administrative violations.

The list includes:

- the Heads of the regional offices of FAS Russia;

- the Deputy Heads of the regional offices of FAS Russia;

- the Heads of the Departments of the regional offices of FAS Russia;

- the Deputy Heads of the Departments of the regional offices of FAS Russia;

- other officers of the regional offices of FAS Russia.