FAS Sent Instructions How Should Apply Article 178 of Criminal Code
OREANDA-NEWS. November 09, 2009. The Federal Antimonopoly Service (FAS Russia) sent letters to all its 82 regional offices with explanations how they should apply Article 178 of the Criminal Code, which introduces criminal liability for antimonopoly violations, reported the press-centre of FAS Russia.
First, a criminal case cannot be initiated without prior processing of the case by an antimonopoly body. At the first stage, FAS Russia ort its regional offices must find that the company in question violated the antimonopoly legislation.
Second, the decisions of the antimonopoly body must be confirmed by a court.
Third, after the rightness of the antimonopoly body is confirmed by the courts, FAS Russia or its regional bodies can forward the case file to the Ministry of Interior in order to initiate criminal proceedings.
The scheme was announced by the Head of FAS Russia Igor Artemyev on 30th October 2009 at the business breakfast with the Russian Managers Association.
Igor Artemyev said that in the near future FAS Russia and the Russian Ministry of Interior would issue a joint Order on initiating criminal proceedings for violating the antimonopoly legislation and suggested to the audience to give their proposals towards refining this norm to avoid different interpretations.
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