OREANDA-NEWS.  July 26, 2012. The Federal Antimonopoly Service (FAS Russia) was notified by Orenburg Regional Branch of Social Security Fund of the Russian Federation that the Fund compensated expenses to Ms. Petrova, who herself had paid 128,250 Rubles for a standing frame for a disabled child. Therefore, the branch of Social Security Fund executed the FAS determination, reported the press-centre of FAS Russia.     

Orenburg Regional Branch of Social Security Fund referred Ms. Petrova to “Orenburg Prosthesis-and-Orthopedic” Federal State Unitary Enterprise of the Ministry of Health Care and Social Development for making a body jacket / standing frame, which constitutes a restriction of selecting technical means of rehabilitation for disabled persons. At the same time, the Fund refused to compensate expenses of Ms. Petrova for buying the Italy-produced standing frame for disabled children.

On 29th May 2012, FAS Commission found that Orenburg Regional Branch of Social Security Fund of the Russian Federation violated Clause 5 Part 1 Article 15 of the Federal Law “On Protecting Competition” (restricting buyers of goods in their choice of economic entities) and issued a determination to eliminate the violations.

The FAS decision on the case is not only of enormous importance for economic entities operating on the market of technical means of rehabilitation, but also has primarily social dimension towards protecting and restoring legitimate rights of disabled persons selecting technical means of rehabilitation, as well as towards compensating expenses according to the current legislation.

Reference:

Clause 5 Part 1 Article 15 of the Federal Law “On Protecting Competition” prohibits federal executive bodies, the authorities of the constituent territories of the Russian Federation, local self-government bodies, other bodies and organizations exercising the functions of the above bodies, organizations involved in rendering state or municipal services, as well as state extra-budgetary funds, the Central Bank of the Russian Federation to adopt acts and (or) exercise actions (omissions) that lead or can lead to preventing, restricting, eliminating competition, except cases of adopting acts and (or) exercising actions (omissions) provided for by the federal laws, in particular, it is prohibited:

- to restrict goods buyers in choosing economic entities that provide such goods.