OREANDA-NEWS. January 18, 2013. The Federal Antimonopoly Service (FAS Russia) initiated a case upon signs of violating Clauses 1 and 2 Part 1 Article 15 of the Federal Law “On Protection of Competition” (prohibiting competition-restricting acts and actions of federal executive bodies) against the Ministry of the Russian Federation for Labour and Social Security, which has been assigned the functions of the Ministry of the Russian Federation for Health Care and Social Development toward devising and implementing the national policy and regulation in the field of pension provision, reported the press-centre of FAS Russia.

The Ministry of the Russian Federation for Labour and Social Security obligated non-state pension funds to maintain the monetary value of the property, required to exercise statutory activities, at 100 million Rubles in the form of a standard agreement for mandatory pension insurance between a non-state pension fund and an insured person and in the Standard Insurance Rules of a Non-State Pension Fund.

The form of the standard agreement on mandatory pension insurance between a non-state pension fund and an insured person was approved by No. 523n order of the Ministry of the Russian Federation for Labour and Social Security of 19th July 2010. The Standard Insurance Rules of a Non-State Pension Fund were approved by No. 731n Order of the Ministry of the Russian Federation for Health Care and Social Development of 26th August 2010.

At the same time, by law the Ministry of the Russian Federation for Labour and Social Security did not have the authority to set the minimum monetary value of the property of non-state pension funds, required to exercise statutory activities. Also the monetary value of the property of non-state pension funds, required to exercise statutory activities, set by the Ministry of the Russian Federation for Labour and Social Security in the form of the standard agreement about mandatory pension insurance between a non-state pension fund and an insured person and in the Standard Insurance Rules of a Non-State Pension Fund, exceeded the value of the property, required to exercise statutory activities, of non-state pension funds that filed applications on their intention to exercise mandatory pension insurance by 1st July 2009, under No.75-FZ Federal Law “On a Non-State Pension Funds” of 7th May 1998.

In the FAS opinion, the Ministry of the Russian Federation for Labour and Social Security unreasonably prevents activities of non-state pension funds and restricts competition on the relevant markets by obligating non-state pension funds, by obligating non-state pension funds, that filed applications on their intention to exercise mandatory pension insurance by 1st July 2009, to maintain the monetary value of the property, required to exercise statutory activities, at 100 million Rubles.
Reference:

1. Clauses 1 and 2 Part 1 Article 15 of the Federal Law “On Protection of Competition” prohibits federal executive bodies to pass acts that lead r can lead to preventing, restricting, eliminating competition, except the cases of passing acts and (or) exercising such actions (omissions) specified by the federal laws. In particular it is prohibited to:

1) Introduce restrictions for forming economic entities in any field of activity, as well as prohibit or introduce restrictions regarding certain types of activity or production of certain goods;

2) Unreasonably prevent economic activities, particularly by setting
requirements to the goods or economic entities not provided for by the law
of the Russian Federation.

2. The powers of the Ministry of the Russian Federation for Labour and Social Security are specified in Article 34 of No.75-FZ Federal Law and No.669 Decree of the Government of the Russian Federation “On the Authorized Federal Executive Body Exercising State Regulation of Activities of Non-State Pension Funds for Non-State Pension Provision, Mandatory Pension Insurance and Occupational Pension Insurance, and Supervision and Control over Such Activities” of 4th November 2003.