The Commissioner for the Protection of the Rights of Entrepreneurs of Russia Boris Titov sent a letter to Prime Minister Mikhail Mishustin with a request to work out draft laws of the Federal Antimonopoly Service (FAS). According to the business ombudsman, they bear the risks of restricting the rights and freedoms of entrepreneurs. There are also uncertainties of law enforcement “regarding criminal prosecution,” Interfax quotes extracts from the letter.
One of the bills implies a change in the grounds for criminalizing the creation of cartels. Firstly, it is proposed to exclude the mandatory attribute “restriction of competition”. Secondly, not only the organization of cartels, but also participation in them will be considered a crime. “At the same time, it is not clear what exactly should be considered as participation and who is the subject of this crime,” Mr. Titov said.
The Ombudsman also complained about the bill, which proposes to give the FAS additional procedural powers. According to the Commissioner, the document does not provide a guarantee of compliance with business rights.
About why the committee of the Federation Council opposed the expansion of the powers of the FAS – in the article “Kommersant” “Senators do not like the appetites of the FAS.”
For more information on the bill, see Kommersant’s “Open, Antitrust Police”.
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