OREANDA-NEWS. December 23, 2010. The Office of the Federal Antimonopoly Service in the Ulyanovsk region (Ulyanovsk OFAS Russia) found that the Legislature of Dimitrovgrad violated the antimonopoly law, reported the press-centre of FAS Russia.

On 3rd December 2010, Ulyanovsk OFAS Russia analyzed the Rules for Provision of Urban Amenities in Dimitrovgrad, the Ulyanovsk region. According to the Rules, organizations, enterprises, institutions and physical persons that failed to observe conditions for procedures, deadlines and the quality of restoring public amenities (including hard and other covers, topsoil, landscaping, water reservoirs, architectural structures, etc.) can be denied new permits for performance of earthworks.

However, it is stated that in case of any violations the new permits are issued at a disposal of Dimitrovgrad Town Authority and no specific criteria are established. Therefore, opposite decisions can be made in similar cases, which can cause unreasonable obstacles for activities of economic entities.

Analyzing the Rules for Provision of Urban Amenities, the Commission of Ulyanovsk OFAS Russia found that implementing the Rules (Part 11 Article 5) in breach of Part 1 Article 15 of the Federal Law “On Protection of Competition” could have resulted in restricting, preventing or eliminating competition.

According to the Constitution, the rights can only be restricted by the federal law, therefore such regulations is unlawful. Effectively it is a punitive norm.

“Establishing such norms could have pushed economic entities from the construction markets, which is unacceptable in the market economy”, commented the decision the Head of the Department of the Goods Markets, of Ulyanovsk OFAS Russia, Ms. Marina Stepanova.

The Commission of Ulyanovsk OFAS Russia issued a determination to the legislature of Dimitrovgrad to stop violating the antimonopoly law.