OREANDA-NEWS. September 14, 2010. The Moscow Office of the Federal Antimonopoly Service (OFAS Russia) found that the Moscow City Department for Housing Policy and Housing Stock violated Parts 1 and 3 Article 15 of the Federal Law “On Protection of Competition”. The Department delegated some of its functions to a subordinate state unitary enterprise. The Moscow OFAS Russia issued a determination to eliminate the antimonopoly violation, reported the press-centre of FAS Russia.

The Moscow Housing Department transferred its functions for registration and follow-up the contracts for buying-and-selling residential premises owned by the City of Moscow to the “Moscow City Rental Centre” State Unitary Enterprise. For such services the Centre charges 5% of the non-paid sum for paying the cash surrender value of residential premises per annum.

So far, the Moscow City Department for Housing Policy and Housing Stock has failed to exercise the determination of the Moscow OFAS Russia in full. Under Part 2.6 Article 19.5 of the Code of the Russian Federation on Administrative Violations OFAS Russia has initiated an administrative case upon the fact of failure to execute its determination.

Administrative liability for such violations are fines imposed upon executive officials or disqualification of executive officials for a period of up to three years.

Therefore, the Moscow OFAS Russia transferred the file on the administrative violation to the Court.

Reference:

Part 1 Article 15 of the Federal Law “On Protection of Competition“ of 26th July 2006 prohibits the authorities to exercise actions (omissions) that lead or can lead to preventing, restricting or eliminating competition.

Part 3 Article 15 of the Federal Law “On Protection of Competition” prohibits combining functions of executive bodies of the constituent territories of the Russian Federation and functions of economic entities.

Under Part 2.6 Article 19.5 of the Code of the Russian Federation on Administrative Violations, failure to execute within the designated period a lawful decision or a determination of the antimonopoly authority to stop violating the antimonopoly law of the Russian Federation is punishable by an administrative fine upon executive officials - from RUB 8,000 to 12,000 or disqualification for a period of up to three years; upon legal entities – from RUB 100,000 to 500,000.