OREANDA-NEWS. January 24, 2013. The Federal Antimonopoly Service (FAS Russia) initiated a case against the Health Care Department of the Kemerovo Region upon signs of violating the antimonopoly law.

FAS identifies signs of violating Part 3 Article 15 the Federal Law “On Protection of Competition” in assigning the functions and rights of a state control and supervision body to an economic entity (the “Centre for Control over Drug Quality and Certification” State Budgetary Health Care Institution of the Kemerovo region) by approving the Company’s Statutes.

Under the Statutes, the Centre controls acceptance testing of the drugs brought in the Kemerovo region by wholesale sellers, and verify operations of pharmacies and wholesale sellers upon requests of legal entities and individual entrepreneurs.

At the same time, under Article of the Federal Law “On Drug Circulation”, state control (supervision) over drug circulation is exercised by federal executive bodies.

The case is scheduled for 4th March 2013.

Reference:

Part 3 Article 15 of No.135-FZ Federal Law “On Protection of Competition” of 26th May 2006 prohibits combining functions of federal executive bodies, executive bodies of the constituent territories of the Russian Federation, other authorities, local self-government bodies and the functions of economic entities, except cases specified by the federal laws, Edicts of the President of the Russian Federation, Decrees of the Government of the Russian Federation, as well as assigning the functions and rights of the above bodies to economic entities, particularly, the functions and rights of state control and supervision bodies, except established otherwise by No.317-FZ Federal Law “On “Rosatom” State Atomic Energy Corporation” of 1st December 2007 and No.238-FZ Federal Law “On State Corporation for construction of Olympic facilities and developing Sochi as an alpine resort” of 30th October 2007".