OREANDA-NEWS. February 27, 2010. The Supreme Arbitration Court of the Russian Federation confirmed the rightness of the Novosibirsk Office of the Federal Antimonopoly Service (OFAS Russia) that had issued a determination to the Novosibirsk Regional Office of the Federal Agency for Federal Property Management, reported the press-centre of FAS Russia.

In June 2008, the antimonopoly body found that Regulations adopted by violated Part 1 Article 15 of the Federal Law "On Protection of Competition". The provision in question obligated lessees of state property to assess the market value of the property and rental value at their own expense. Also the lessees were obligated to insure the leased property with a limited number of insurers from the list proposed by the lessor.

The Novosibirsk OFAS Russia issued a determination to the Novosibirsk Regional Office of the Federal Agency for Federal Property Management to exclude from the Regulations the requirements obligating lessees to assess the market value of the leased property at their expense, as well as not to limit the choice of insurance companies.

The Arbitration Courts of the First and Second Instances pronounced validity of the decision and determination issued by the antimonopoly body. The Cassation Court revoked the above judicial acts on formal grounds, specifying that an antimonopoly body cannot direct changes to a normative act, which legitimacy is subject to court verification.

The Novosibirsk OFAS Russia approached the Supreme Arbitration Court of the Russian Federation to finalize the issue on legitimacy of the conclusions made by the antimonopoly body.