OREANDA-NEWS. March 28, 2014. The Head of FAS Anti-Cartel Department, Andrey Tenischev made a presentation at the Chamber of Commerce and Industry of the Russian Federation, that hosted the Antimonopoly Forum of the “Russian Corporate Counsel Association” Non-Profit Partnership organized with participation of the Federal Antimonopoly Service (FAS Russia).

Andrey Tenischev made a comparative analysis of approaches to evidence in common law and civil law.

He pointed out that the term of “evidence standards” is not typical for Russian law. In Russia procedural law formalizes the principle of evaluating evidence on the basis of a judge’s belief, which for the first time was included in the Criminal Procedures Statute in 1864. This is a subjective principle but objective rules of evidence are also present in Russian law.

“The anti-cartel law has an integrated nature. Article 11 of the Federal Law “On Protection of Competition” prohibits cartel agreements. The Code on Administrative Violations and the Criminal Code of the Russian Federation establish liability for concluding anticompetitive agreements. Decisions of the antimonopoly body on cartel cases can also be challenged at Arbitration Courts. Such specific regulation determines objective rules of cartel evidence. Typically evidence on cartel cases is double checked: by FAS Commission investigating a case on violating the antimonopoly law and by the Arbitration Court, examining a case”, commented the Head of FAS Anti-Cartel Department Andrey Tenischev.