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On natural monopolies (as amended on July 29, 2017)
About natural monopolies
THE RUSSIAN FEDERATION
THE FEDERAL LAW
About natural monopolies
Document as amended by:
(Rossiyskaya Gazeta, N 153-154, 10.08.2001);
Federal Law No. 196-FZ of December 30, 2001 (Rossiyskaya Gazeta, No. 256, December 31, 2001);
(Rossiyskaya Gazeta, N 8, 01/18/2003);
(Rossiyskaya Gazeta, N 59, 03/29/2003);
(Rossiyskaya Gazeta, N 138, 07/01/2004);
(Rossiyskaya gazeta, N 297, December 31, 2005) (for the procedure for entry into force, see) (as amended);
(Rossiyskaya Gazeta, No. 97, May 11, 2006);
Federal Law of December 29, 2006 N 258-FZ (Rossiyskaya Gazeta, N 297, December 31, 2006) (for the procedure for entry into force, see);
(Rossiyskaya gazeta, N 237, 10/24/2007) (for the procedure for entry into force, see);
(Rossiyskaya gazeta, N 254, 11/14/2007) (for the procedure for entry into force, see);
(Rossiyskaya gazeta, N 266, December 30, 2008) (for the procedure for entry into force, see);
(Rossiyskaya gazeta, N 153, 07/15/2011) (for the procedure for entry into force, see);
(Rossiyskaya gazeta, N 160, 07/25/2011) (for the procedure for entry into force, see);
(Rossiyskaya gazeta, N 159, 07/22/2011) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 06.12.2011) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 06/25/2012);
(Official Internet portal of legal information www.pravo.gov.ru, 30.07.2012);
(Official Internet portal of legal information www.pravo.gov.ru, December 31, 2012) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 06.10.2015, N 0001201510060003) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 07/26/2017, N 0001201707260042);
(Official Internet portal of legal information www.pravo.gov.ru, 07/31/2017, N 0001201707310015).
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This Federal Law from October 26, 2006 (from the date of entry into force of the Federal Law of July 26, 2006 N 135-FZ) and until it is brought into line with the said Federal Law shall apply to the extent that does not contradict Federal Law of July 26, 2006 N 135 -FZ, - paragraph 2 of Article 53 of the Federal Law of July 26, 2006 N 135-FZ.
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Chapter I. General Provisions (Articles 1 - 5)
Article 1. Purposes of this Federal Law
This Federal Law defines the legal foundations of the federal policy in relation to natural monopolies in the Russian Federation and is aimed at achieving a balance of interests of consumers and subjects of natural monopolies, ensuring the availability of the goods they sell to consumers and the effective functioning of subjects of natural monopolies.
Article 2. Scope of application of this Federal Law
This Federal Law applies to relations that arise in the commodity markets of the Russian Federation and in which subjects of natural monopolies, consumers, federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments participate.
The regulation of the activities of subjects of natural monopolies provided for by this Federal Law cannot be applied in areas of activity that are not related to natural monopolies, except for cases established by federal laws.
Article 3. Definitions of basic concepts
For the purposes of this Federal Law, the following definitions of the basic concepts apply:
natural monopoly - a state of the commodity market, in which the satisfaction of demand in this market is more efficient in the absence of competition due to the technological features of production (due to a significant decrease in production costs per unit of goods as the volume of production increases), and the goods produced by subjects of natural monopoly do not can be replaced in consumption by other goods, in connection with which the demand in this commodity market for goods produced by subjects of natural monopolies depends to a lesser extent on changes in the price of this product than the demand for other types of goods;
subject of natural monopoly - an economic entity engaged in the production (sale) of goods in a natural monopoly (paragraph as amended by Federal Law No. 281-FZ of December 25, 2008, put into effect on December 30, 2008;
consumer - an individual or legal entity that purchases goods produced (sold) by a subject of natural monopoly;
head of a natural monopoly entity (another economic entity) - a person authorized to act without a power of attorney on behalf of a natural monopoly entity (another economic entity).
The concepts of "product", "commodity market", "economic entities", "group of persons" are used respectively in the meanings specified in and 9 of the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition" .
(Part as amended by Federal Law No. 205-FZ of July 26, 2017.
The concept of "public railway transport infrastructure" is used in the meaning specified in Article 2 of the Federal Law "Charter of Railway Transport of the Russian Federation" (the part was additionally included from January 18, 2003 by the Federal Law of January 10, 2003 N 16-FZ).
Article 4. Areas of activity of subjects of natural monopolies
1. This Federal Law regulates the activities of subjects of natural monopolies in the following areas (paragraph as amended by Federal Law No. 16-FZ dated January 10, 2003, put into effect on January 18, 2003:
transportation of oil and oil products through main pipelines;
transportation of gas through pipelines;
the paragraph was excluded from April 9, 2003 by the Federal Law of March 26, 2003 N 39-FZ. ;
rail transportation;
services in transport terminals, ports and airports (paragraph as amended by Federal Law No. 261-FZ of November 8, 2007, put into effect on November 25, 2007;
public telecommunication and public postal services (paragraph as amended by Federal Law No. 199-FZ of December 31, 2005, put into effect on January 1, 2006;
electric power transmission services Federal Law of March 26, 2003 N 39-FZ);
services for operational dispatch control in the electric power industry (the paragraph is additionally included from April 9, 2003 by the Federal Law of March 26, 2003 N 39-FZ);
heat transmission services (the paragraph is additionally included from April 9, 2003 by the Federal Law of March 26, 2003 N 39-FZ);
services for the use of inland waterway infrastructure (the paragraph is additionally included from January 1, 2006 by the Federal Law of December 31, 2005 N 199-FZ);
disposal of radioactive waste (the paragraph is additionally included from July 15, 2011 by the Federal Law of July 11, 2011 N 190-FZ);
water supply and sanitation using centralized systems, communal infrastructure systems;
(The paragraph is additionally included from January 6, 2012 by the Federal Law of December 6, 2011 N 401-FZ)
icebreaking pilotage of vessels, ice pilotage of vessels in the water area of the Northern Sea Route.
(The paragraph is additionally included from January 27, 2013 by the Federal Law of July 28, 2012 N 132-FZ)
2. In accordance with the demonopolization of the rail transportation market implemented by the decision of the Government of the Russian Federation, a transition is being made from regulating the activities of natural monopoly entities in the field of rail transportation to regulating the activities of natural monopoly entities in the provision of services for the use of public railway transport infrastructure Federal Law of January 10, 2003 N 16-FZ).
3. It is not allowed to restrain the economically justified transition of the spheres of natural monopolies specified in paragraph 1 of this article from the state of natural monopoly, determined in accordance with paragraph two of part one of article 3 of this Federal Law, to the state of a competitive market (the clause was additionally included from January 18, 2003 by the Federal Law of January 10, 2003 N 16-FZ).
Article 5. Bodies regulating the activities of subjects of natural monopolies
1. In order to regulate and control the activities of subjects of natural monopolies, federal executive bodies for the regulation of natural monopolies (hereinafter referred to as the regulatory bodies of natural monopolies) are formed in the manner established for federal executive bodies.
2. In order to exercise their powers, the regulatory bodies of natural monopolies have the right to create their own territorial bodies and vest them with powers within the limits of their competence.
3. The executive authorities of the constituent entities of the Russian Federation in the field of state regulation of tariffs carry out state regulation in the manner established by the legislation of the Russian Federation (the clause was additionally included from January 1, 2006 by Federal Law No. 199-FZ of December 31, 2005; as amended by Federal Law No. 242-FZ of July 18, 2011.
Chapter II. State regulation and state control (supervision) in the areas of natural monopoly (Articles 6 - 8)
(name as amended, entered into force on August 1, 2011 by the Federal Law of July 18, 2011 N 242-FZ
Article 6. Methods of regulation of activity of subjects of natural monopolies
The regulatory bodies of natural monopolies may apply the following methods of regulating the activities of subjects of natural monopolies (hereinafter referred to as regulation methods):
price regulation, carried out by determining (establishing) prices (tariffs) or their maximum level;
determination of consumers subject to mandatory service, and (or) establishment of a minimum level of their provision in case of impossibility to fully meet the needs for goods produced (sold) by a natural monopoly subject, taking into account the need to protect the rights and legitimate interests of citizens, ensure state security, protect nature and cultural values.
The right of access to the system of Russian trunk pipelines and terminals when exporting oil outside the customs territory of the Russian Federation is granted to organizations engaged in oil production and duly registered, as well as organizations that are major companies in relation to organizations engaged in oil production, in proportion to the volume of oil produced delivered to the main pipeline system, taking into account the 100% throughput capacity of the main pipelines (based on their technical capabilities) (the part was additionally included from September 10, 2001 by Federal Law No. 126-FZ of August 8, 2001; as amended by Federal Law No. 62-FZ of May 4, 2006.
The list of goods (works, services) of subjects of natural monopolies, the prices (tariffs) for which are regulated by the state, and the procedure for state regulation of prices (tariffs) for these goods (works, services), including the basics of pricing and the rules of state regulation, are approved by the Government of the Russian Federation.
(The part was additionally included from January 1, 2006 by Federal Law No. 199-FZ of December 31, 2005; as amended by Federal Law No. 93-FZ of June 25, 2012.
State regulation of prices (tariffs) for goods (works, services) of subjects of natural monopolies in the field of water supply and sanitation using centralized systems, communal infrastructure systems is carried out in accordance with federal laws.
(The part is additionally included from January 6, 2012 by the Federal Law of December 6, 2011 N 401-FZ)
State regulation of prices for services for the transmission of heat energy is carried out in the cases and in the manner established by the Federal Law of July 27, 2010 N 190-FZ "On Heat Supply".
(The part is additionally included from July 31, 2017 by the Federal Law of July 29, 2017 N 279-FZ)
Article 7. State control (supervision) in the spheres of natural monopoly
(the name was supplemented from August 1, 2011 by the Federal Law of July 18, 2011 N 242-FZ
1. In order to conduct an effective state policy in the areas of activity of subjects of natural monopolies, the regulatory bodies of natural monopolies exercise state control (supervision) over actions that are performed with the participation of or in relation to subjects of natural monopolies and which may result in infringement of the interests of consumers of goods, in relation to which regulation is applied in accordance with this Federal Law or restraint of an economically justified transition of the relevant commodity market from the state of natural monopoly to the state of a competitive market (paragraph as amended, entered into force on August 1, 2011 by the Federal Law of July 18, 2011 N 242-FZ.
2. The regulatory bodies of natural monopolies exercise state control (supervision) over Federal Law of July 18, 2011 N 242-FZ:
any transactions, as a result of which a subject of natural monopoly, whose income from activities carried out in the areas of natural monopolies exceeds one percent of its total income, acquires the right of ownership to fixed assets or the right to use fixed assets not intended for the production (sale) of goods, in in respect of which regulation is applied in accordance with this Federal Law, if the book value of such fixed assets exceeds 10 percent of the value of the equity capital of a natural monopoly entity according to the last approved balance sheet;
Federal Law of October 5, 2015 N 275-FZ.
investments of a natural monopoly entity whose income from activities carried out in the areas of natural monopolies exceeds one percent of its total income, in the production (sale) of goods that are not subject to regulation in accordance with this Federal Law and which constitute more than 10 percent of the value of its own capital of a subject of natural monopoly according to the last approved balance sheet;
(Paragraph as amended, entered into force on January 5, 2016 by the Federal Law of October 5, 2015 N 275-FZ.
sale, lease or other transaction, as a result of which an economic entity acquires the right of ownership or possession and (or) use of a part of the fixed assets of a natural monopoly entity intended for the production (sale) of goods, in respect of which regulation is applied in accordance with this Federal Law if the book value of such fixed assets exceeds 10 percent of the value of the natural monopoly entity's own capital according to the last approved balance sheet and if, as a result of such an acquisition, the economic entity's income from activities carried out in the areas of natural monopolies amounts to more than one percent of its total income;
(Paragraph as amended, entered into force on January 5, 2016 by the Federal Law of October 5, 2015 N 275-FZ.
establishment and (or) application of prices (tariffs) in the areas of activity of subjects of natural monopolies specified in Article 4 of this Federal Law (hereinafter referred to as regulated areas of activity) Federal Law of July 18, 2011 N 242-FZ);
compliance with information disclosure standards by subjects of natural monopolies (the paragraph is additionally included from August 1, 2011 by the Federal Law of July 18, 2011 N 242-FZ).
3. In order to perform the actions specified in paragraphs two to four of paragraph 2 of this article, the subject of natural monopoly is obliged to submit to the relevant body regulating natural monopoly a request for consent to perform such actions and provide information necessary for making a decision (paragraph as amended by Federal Law No. 242-FZ of July 18, 2011, put into effect on August 1, 2011.
The requirements for the content of such information and the form of its presentation, as well as the procedure for considering an application, are determined by the rules approved by the relevant body regulating natural monopoly.
The natural monopoly regulatory body has the right to refuse to satisfy the application, if the actions declared in it can lead to the negative consequences specified in paragraph 1 of this article, as well as in cases where the applicant has not submitted all the necessary documents or, during their consideration, it is found that the information contained in them information that is essential for making a decision is unreliable.
The natural monopoly regulatory body not later than 30 days from the date of receipt of the application informs the applicant in writing about its decision - consent or refusal. Refusal must be motivated.
If additional information is needed to make a decision, the natural monopoly regulatory body has the right to request it from the applicant and increase the period for consideration of the application by 30 days, provided that such a request, together with a notice of the extension of the period for consideration of the application, is sent to the applicant no later than 15 days from the date of receiving it.
If, within 15 days from the date of expiration of the period for considering the application, the answer of the natural monopoly regulator is not received or the application is denied for reasons that the applicant considers illegal, the applicant has the right to apply to the court for the protection of his rights.
4. The clause became invalid on January 5, 2016 - Federal Law of October 5, 2015 N 275-FZ. .
5. State control (supervision) in the areas of natural monopolies is carried out by authorized federal executive bodies (federal state control (supervision) and executive bodies of the constituent entities of the Russian Federation (regional state control (supervision) (hereinafter referred to as state control (supervision) bodies) in accordance with their competence in the manner established respectively by the Government of the Russian Federation and the highest executive body of state power of the constituent entity of the Russian Federation Federal Law of July 18, 2011 N 242-FZ).
6. The provisions of the Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control", taking into account the specifics of organizing and conducting inspections established by the legislation of the Russian Federation in relation to antimonopoly control, as well as the specifics of organizing and conducting inspections established by paragraphs 7-9 of this article Federal Law of July 18, 2011 N 242-FZ).
7. The subject of the audit is the compliance by the subject of natural monopoly in the course of its activities with the requirements established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of regulation of natural monopolies, including the requirements for setting and (or) applying prices ( tariffs) in regulated areas of activity in terms of determining the reliability, economic feasibility of expenses and other indicators taken into account in the state regulation of prices (tariffs), the economic feasibility of the actual spending of funds in the implementation of regulated activities, the correctness of the application of state regulated prices (tariffs) in the areas of natural monopolies , as well as compliance with information disclosure standards by subjects of natural monopolies (the item was additionally included from August 1, 2011 by the Federal Law of July 18, 2011 N 242-FZ).
8. The basis for including a scheduled inspection in the annual plan for scheduled inspections is the expiration of one year from the date of:
state registration of a legal entity that is a subject of a natural monopoly;
completion of the last scheduled inspection of the subject of natural monopoly.
(The paragraph is additionally included from August 1, 2011 by the Federal Law of July 18, 2011 N 242-FZ)
9. The basis for an unscheduled inspection is:
expiration of the term for the execution by the subject of natural monopoly of the order issued by the state control (supervision) body to eliminate the identified violation of the requirements of the legislation of the Russian Federation in the field of regulation of natural monopolies;
receipt by state control (supervision) bodies of appeals and applications from citizens, including individual entrepreneurs, legal entities, information from state authorities (officials of state control (supervision) bodies), local governments, from the media about a violation by a subject of natural monopoly established requirements of the legislation of the Russian Federation in the field of regulation of natural monopolies;
the presence of an order (instruction) of the head (deputy head) of the state control (supervision) body to conduct an unscheduled inspection, issued in accordance with the order of the President of the Russian Federation or the Government of the Russian Federation or on the basis of the prosecutor’s request to conduct an unscheduled inspection as part of supervision over the implementation of laws on received to the prosecutor's office materials and appeals.
(The paragraph is additionally included from August 1, 2011 by the Federal Law of July 18, 2011 N 242-FZ)
Article 8. Obligations of subjects of natural monopolies
1. Natural monopoly entities may not refuse to conclude an agreement with individual consumers for the production (sale) of goods subject to regulation in accordance with this Federal Law, if the natural monopoly entity has the ability to produce (sale) such goods.
2. Subjects of natural monopolies are obliged to submit to the relevant natural monopoly regulatory body:
current reports on their activities in the manner and within the time limits established by the natural monopoly regulatory body;
draft capital investment plans.
3. Subjects of natural monopolies are obliged to provide access to commodity markets and (or) produce (sell) goods and services that are subject to regulation in accordance with this Federal Law, on non-discriminatory terms in accordance with the requirements of antimonopoly legislation (the item was additionally included from April 9, 2003 by the Federal Law of March 26, 2003 N 39-FZ).
4. Natural monopoly entities are required to keep separate records of income and expenses by type of activity. Separate accounting of income and expenses of a subject of natural monopoly by type of activity is carried out in the manner approved by the Government of the Russian Federation and (or) the federal executive body authorized by the Government of the Russian Federation (the item was additionally included from October 24, 2007 by the Federal Law of October 18, 2007 N 230-FZ).
5. In order to ensure the transparency of the activities of subjects of natural monopolies, openness of regulation of the activities of subjects of natural monopolies and protection of the interests of consumers, subjects of natural monopolies are obliged to provide free access to information about their activities, which is regulated in accordance with this Federal Law (hereinafter referred to as the regulated activities of subjects of natural monopolies ).
Free access to information on the regulated activities of natural monopoly entities is provided by natural monopoly entities in accordance with the information disclosure standards approved by the Government of the Russian Federation, by publishing it in the media, including the Internet, and providing information on the basis of written consumer requests.
Information on the regulated activities of subjects of natural monopolies subject to free access includes the following information:
information on prices (tariffs) for goods (works, services) of subjects of natural monopolies in respect of which state regulation is applied (hereinafter also referred to as regulated goods (works, services);
information on the main indicators of financial and economic activities, which are regulated in accordance with this Federal Law, including the structure of the main production costs for the sale of regulated goods (works, services);
information on the main consumer characteristics of regulated goods (works, services) of subjects of natural monopolies and their compliance with established requirements (paragraph as amended by Federal Law No. 248-FZ of July 19, 2011, put into effect on October 21, 2011;
information on the availability (absence) of the technical possibility of access to regulated goods (works, services) of natural monopoly entities and information on the registration and implementation of applications for connection (technological connection) to the infrastructure of natural monopoly entities;
information on the conditions under which the supply of regulated goods (works, services) by subjects of natural monopolies is carried out, and (or) information on the terms of contracts for connection (technological connection) to the infrastructure of subjects of natural monopolies;
the procedure for the implementation of technological, technical and other measures related to the connection (technological connection) to the infrastructure of subjects of natural monopolies;
information about investment programs (about projects of investment programs) and reports on their implementation;
information on the methods of acquisition, cost and volume of goods required for the production of regulated goods.
Information classified in accordance with the established procedure as information constituting a state secret shall not be included in the composition of information subject to disclosure in accordance with this Federal Law.
Information about the regulated activities of subjects of natural monopolies, subject to free access and classified in accordance with this Federal Law to the standards of disclosure of information, cannot be recognized as a commercial secret by a subject of natural monopoly.
(The paragraph was additionally included from December 30, 2008 by the Federal Law of December 25, 2008 N 281-FZ)
Article 8_1. Disclosure Standards
1. Disclosure standards should ensure:
availability of disclosed information for an unlimited circle of persons, including the specifics of information disclosure in territories where there is no access to the Internet;
transparency of activities of subjects of natural monopolies in the production of regulated goods (performance of work, provision of services);
openness of regulation of activity of subjects of natural monopolies;
publicity of the conditions for the sale of regulated goods (works, services) for consumers (price, quality, availability, reliability);
unlimited access of consumers to regulated goods (works, services);
publicity in the development, approval, adoption and implementation of investment programs (draft investment programs).
2. Information disclosure standards are approved by the Government of the Russian Federation, taking into account the provisions of federal laws and regulatory legal acts of the President of the Russian Federation governing legal relations in the relevant field of activity, for each field of activity of subjects of natural monopolies.
Information disclosure standards should contain the composition of information on the regulated activities of subjects of natural monopolies and the procedure for providing such information.
In accordance with the information disclosure standards, the federal executive authorities and (or) executive authorities of the constituent entities of the Russian Federation authorized in accordance with the established procedure by the Government of the Russian Federation in the field of state regulation of tariffs, taking into account industry, technological, structural, geographical and other features of the activities of subjects of natural monopolies, have the right approve:
forms, terms and frequency of provision by subjects of natural monopolies of information subject to free access;
rules for filling in duly approved forms by specific subjects of natural monopolies and (or) their groups (categories).
3. State control (supervision) in the areas of natural monopolies in terms of compliance with the standards of information disclosure by subjects of natural monopolies is carried out by state control (supervision) bodies in accordance with their competence in the manner established by the Government of the Russian Federation.
Subjects of natural monopolies have the right to apply to the state control (supervision) body with a request to change the application by a particular subject of natural monopoly of the forms approved in the established manner and (or) the frequency of providing information subject to free access.
(Paragraph as amended, entered into force on June 26, 2012 by the Federal Law of June 25, 2012 N 93-FZ.
(The article was additionally included from December 30, 2008 by the Federal Law of December 25, 2008 N 281-FZ)
Chapter III. Regulatory bodies of natural monopolies, their functions and powers (Articles 9 - 14)
Article 9. Bodies of regulation of natural monopolies
1. The regulatory bodies of natural monopolies are formed in the areas of activity specified in Article 4 of this Federal Law.
2. General management of the federal executive body for the regulation of natural monopoly is carried out by its head Federal Law No. 58-FZ of June 29, 2004.
3. The paragraph became invalid from July 1, 2004 -. .
4. The clause became invalid on July 1, 2004 - Federal Law of June 29, 2004 N 58-FZ. .
5. The federal executive body for the regulation of natural monopoly shall be liquidated in the event of an opportunity for the development of competition in the relevant commodity market and (or) in the event of a change in the nature of demand for the goods of subjects of natural monopolies.
Article 10. Functions of bodies regulating natural monopolies
The regulatory bodies of natural monopolies perform the following main functions:
form and maintain a register of subjects of natural monopolies, in respect of which state regulation and control are carried out;
determine the methods of regulation provided for by this Federal Law, in relation to a particular subject of natural monopoly;
control, within their competence, compliance with the requirements of this Federal Law;
submit, in accordance with the established procedure, proposals for improving the legislation on natural monopolies;
take decisions on all issues related to the introduction, change or termination of regulation of the activities of subjects of natural monopolies, as well as the application of the methods of regulation provided for by this Federal Law Federal Law of December 25, 2008 N 281-FZ).
Article 11. Powers of bodies regulating natural monopolies
1. The regulatory bodies of natural monopolies have the right to:
make decisions, binding on subjects of natural monopolies, on the introduction, amendment or termination of regulation, on the application of the methods of regulation provided for by this Federal Law, including on setting prices (tariffs);
establish rules for the application of prices (tariffs) for goods (works, services) of subjects of natural monopolies;
take, in accordance with its competence, binding decisions on the facts of violation of this Federal Law (paragraph as amended by Federal Law No. 258-FZ of December 29, 2006, put into effect on January 1, 2007;
send binding instructions to natural monopoly entities on stopping violations of this Federal Law, including on eliminating their consequences, on concluding contracts with consumers subject to mandatory service, on amending concluded contracts, on transferring to the federal budget the profits received by them in as a result of actions violating this Federal Law;
make decisions on inclusion in the register of subjects of natural monopolies or on exclusion from it;
send binding orders to executive authorities and local self-government bodies to cancel or change acts adopted by them that do not comply with this Federal Law, and (or) to stop violations of this Federal Law;
apply to the court with a claim, as well as participate in the consideration in court of cases related to the application or violation of this Federal Law;
exercise other powers established by federal laws.
2. The subjects of natural monopolies, their consumers engaged in entrepreneurial and other economic activities, or the executive authorities of the constituent entities of the Russian Federation specified in Clause 3 of Article 5 of this Federal Law shall have the right to apply to the natural monopoly regulatory body for pre-trial settlement of disputes related to establishment and application of prices (tariffs) regulated in accordance with this Federal Law (paragraph as amended by Federal Law No. 242-FZ of July 18, 2011, put into effect on August 1, 2011.
Applications for consideration of a dispute in a pre-trial procedure are submitted to the natural monopoly regulatory body within three months from the date when the applicant found out or should have found out about the violation of his rights. The procedure for pre-trial consideration of these disputes is approved by the Government of the Russian Federation.
(Article as amended by Federal Law No. 199-FZ of December 31, 2005 (as amended by Federal Law No. 258-FZ of December 29, 2006) put into effect on January 1, 2006)
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Paragraph 2 of Article 11 entered into force from January 1, 2008- see paragraph 3 of Article 35 of Federal Law No. 199-FZ of December 31, 2005 (as amended by Federal Law No. 258-FZ of December 29, 2006).
- Database manufacturer's note.
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Article 12
1. The natural monopoly regulatory body decides on the application of the regulatory methods provided for by this Federal Law and other federal laws in relation to a specific natural monopoly entity based on an analysis of its activities, taking into account their stimulating role in improving the quality of manufactured (sold) goods and in meeting demand on them. At the same time, the reasonableness of costs is assessed and the following are taken into account:
costs of production (sale) of goods, including wages, cost of raw materials and materials, overhead costs;
taxes and other payments;
the cost of fixed production assets, the need for investments necessary for their reproduction, and depreciation;
projected profit from the possible sale of goods at various prices (tariffs);
remoteness of various groups of consumers from the place of production of goods;
compliance of the quality of manufactured (sold) goods with the demand of consumers;
state subsidies and other measures of state support;
facts of violation by the subject of natural monopoly of the obligations established by this Federal Law to provide information and (or) obligations to ensure free access to information (the paragraph is additionally included from December 30, 2008 by the Federal Law of December 25, 2008 N 281-FZ).
Accounting for these facts is carried out in accordance with the provisions of federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of the body for the regulation of natural monopolies (the paragraph is additionally included from December 30, 2008 by the Federal Law of December 25, 2008 N 281-FZ).
2. When deciding on the application of methods for regulating the activities of a particular subject of natural monopoly, the natural monopoly regulatory body is obliged to consider information provided by interested parties on the activities of this subject of natural monopoly.
Article 13
1. In order to perform the functions assigned to the regulatory bodies of natural monopolies, their employees have the right to unhindered access to information on the activities of subjects of natural monopolies, other economic entities, available from executive authorities and local governments, as well as from subjects of natural monopolies and other business entities.
Federal Law of December 30, 2012 N 291-FZ.
2. Subjects of natural monopolies, other economic entities, executive authorities and local self-government bodies are obliged, at the request of natural monopoly regulatory authorities, to provide reliable documents, explanations in writing and orally and other information necessary for the implementation by natural monopoly regulatory authorities of the functions provided for by this Federal Law. by law.
(Paragraph as amended, entered into force on December 31, 2012 by the Federal Law of December 30, 2012 N 291-FZ.
3. Information constituting a commercial secret and obtained by the natural monopoly regulatory body on the basis of this article shall not be subject to disclosure.
Article 14
1. Regulatory bodies of natural monopolies are obliged through the mass media to report on their decisions to introduce, change or terminate the regulation of the activities of subjects of natural monopolies, as well as on inclusion in the register of subjects of natural monopolies or exclusion from it, on the methods used to regulate activities subjects of natural monopolies and on specific indicators and requirements imposed on them by the regulatory bodies of natural monopolies.
The regulatory bodies of natural monopolies annually publish a report on their activities.
2. The regulatory bodies of natural monopolies are obliged to report through the mass media on all cases of application of liability for violations of this Federal Law.
3. Messages on the liquidation of the regulatory bodies of natural monopolies and on the grounds for making such a decision are published in the mass media.
Chapter IV. Liability for Violations of this Federal Law (Articles 15 - 20)
Article 15. Consequences of Violations of this Federal Law
1. In case of violations of this Federal Law, subjects of natural monopolies (their heads), executive authorities and local self-government bodies (their officials), in accordance with decisions (orders) of natural monopoly regulatory bodies, are obliged to:
stop violations of this Federal Law and (or) eliminate their consequences;
restore the original position or perform other actions specified in the decision (instruction);
cancel or amend an act that does not comply with this Federal Law;
conclude an agreement with a consumer subject to mandatory service;
make changes to the contract with the consumer;
pay a fine;
compensate for the damages caused.
2. The subject of natural monopoly is obliged to transfer to the federal budget the profit received by him as a result of violation of this Federal Law, within the period established by the decision of the natural monopoly regulatory body.
3. Fines payable by decision of the natural monopoly regulatory body shall be transferred to the federal budget within the period established by this decision.
Article 16
. )
Article 17
If actions (inaction) of a subject of natural monopoly that violate this Federal Law cause losses, including from overpricing (tariff), to another economic entity, these losses are subject to compensation by the subject of natural monopoly in accordance with civil law.
Article 18
(the article became invalid from July 1, 2002 - Federal Law of December 30, 2001 N 196-FZ.)
Article 19
(the article became invalid from July 1, 2002 - Federal Law of December 30, 2001 N 196-FZ.)
Article 20
If the natural monopoly regulatory body makes a decision in violation of this Federal Law, including on the determination (setting) of prices (tariffs) without sufficient economic justification, and as a result of this, the natural monopoly entity or other economic entity suffers losses, they have the right to demand compensation for these losses in the manner prescribed by civil law.
Chapter V. Procedure for Adoption of Decisions (Instructions) by Regulatory Bodies of Natural Monopolies, as well as the Procedure for Execution and Appeal of These Decisions (Articles 21-25)
Article 21
1. Decisions on the determination (setting) of prices (tariffs) and (or) their maximum levels in the field of activities of subjects of natural monopolies are taken in the manner determined by the Government of the Russian Federation.
(Paragraph as amended, entered into force on December 30, 2008 by Federal Law of December 25, 2008 N 281-FZ
Issues relating to the introduction, change or termination of regulation of the activities of a natural monopoly entity may be considered on the basis of proposals from federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments, public consumer organizations, their associations and unions, business entities.
The natural monopoly regulatory body shall decide on issues relating to the introduction, change or termination of regulation of the activities of natural monopoly entities, as well as the application of the regulatory methods provided for by this Federal Law, guided by the materials of the analysis carried out on the grounds provided for in Article 12 of this Federal Law. By decision of the regulatory body, an independent economic expertise may be carried out.
The natural monopoly regulatory body approves the list of documents submitted for decision-making on issues relating to the introduction, change or termination of regulation of the activities of natural monopoly entities, and the procedure for considering such documents.
A representative of a subject of natural monopoly has the right to be present when the relevant body regulating the natural monopoly considers issues related to the introduction, change or termination of regulation of the activities of this subject of natural monopoly. The subject of natural monopoly must be notified in advance of the date of consideration by the relevant regulatory body of natural monopoly.
The natural monopoly regulatory body makes a decision to change or terminate the regulation of the activity of the subject of natural monopoly, taking into account the implementation of demonopolization of the spheres of natural monopolies.
(Paragraph as amended, entered into force on October 24, 2007 by the Federal Law of October 18, 2007 N 230-FZ.
2. Decisions on the introduction, amendment or termination of regulation or on the refusal of the submitted proposal shall be made no later than six months from the date of receipt of the proposal. In this case, the refusal or partial refusal to accept the proposal submitted must be motivated (paragraph as amended, entered into force on July 1, 2004 by Federal Law of June 29, 2004 N 58-FZ.
Article 22
1. The regulatory bodies of natural monopolies, within their competence, have the right to consider cases of violations of this Federal Law and take decisions on them.
2. Applications of business entities, consumers, public organizations of consumers, their associations and unions, representations of executive authorities, local governments and the prosecutor's office serve as grounds for the consideration of cases.
3. Bodies regulating natural monopolies have the right to consider cases on their own initiative on the basis of mass media reports and other materials at their disposal that testify to violations of this Federal Law.
Article 23
1. The procedure for consideration by the regulatory bodies of natural monopolies of cases of violations of this Federal Law is determined by the Government of the Russian Federation.
2. Decisions adopted by the bodies regulating natural monopolies based on the results of consideration of the case shall be sent to the interested parties in writing no later than 10 days from the date of their adoption. Instructions issued on the basis of the decisions taken are sent to the interested parties within the same period.
3. Decisions on cases related to violations of this Federal Law that affect public interests are subject to publication in the mass media no later than one month from the date of their adoption.
Article 24
1. Decisions (orders) of the bodies regulating natural monopolies shall be executed by the subjects of natural monopolies (their heads), executive authorities, local government bodies (their officials) within the period stipulated by the decisions (orders), but not later than 30 days from the date of their receipt.
2. In case of non-execution by executive authorities or local self-government bodies of decisions (instructions) on the abolition or amendment of acts adopted in violation of this Federal Law, or on the restoration of the original position, the regulatory bodies of natural monopolies have the right to apply to the court with a claim to recognize these acts as invalid (in whole or in part) and (or) on compulsion to restore the situation that existed before the violation.
3. If the natural monopoly entity fails to comply with the order to conclude an agreement or to amend the concluded agreement, the natural monopoly regulatory body shall have the right to file a lawsuit with the court to compel the natural monopoly entity to conclude an agreement or to amend the concluded agreement.
4. If subjects of natural monopolies fail to comply with instructions to transfer to the federal budget profits received as a result of violations of this Federal Law, the regulatory bodies of natural monopolies have the right to file a lawsuit in court for the recovery of unreasonably received profits.
5. The clause became invalid on July 1, 2002 - Federal Law of December 30, 2001 N 196-FZ. .
Article 25
1. Subjects of natural monopolies (their heads), executive authorities and local self-government bodies (their officials), consumers, public organizations of consumers, their associations and unions, the prosecutor shall have the right to apply to the court with an application for declaring invalid, in whole or in part, decisions (instructions ) regulatory bodies of natural monopolies in case of non-compliance with this Federal Law.
2. The filing of an application with the court suspends the execution of the decision (order) of the natural monopoly regulatory body, issued as a result of the consideration of the case on violation of this Federal Law, for the period of its consideration in court until the court decision enters into legal force. (paragraph as amended, entered into force on January 1, 2006 by the Federal Law of December 31, 2005 N 199-FZ.
Chapter VI. Final provisions (Articles 26, 27)
Article 26
The federal executive authorities for the regulation of natural monopolies are formed within the limits of the costs provided for by the budget for the maintenance of the state apparatus.
Article 27
1. This Federal Law shall enter into force from the date of its official publication.
2. Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in line with this Federal Law within six months from the date of its official publication.
Instruct the Government of the Russian Federation within three months to submit proposals to the State Duma of the Federal Assembly of the Russian Federation in accordance with the established procedure on bringing the laws of the Russian Federation into line with this Federal Law.
The president
Russian Federation
B. Yeltsin
Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"
Option 4 Test
The answer to tasks 1-20 is one digit, which corresponds to the number of the correct answer. Write down this figure in the answer field in the text of the work, and then transfer it to the ANSWER FORM No. 1 to the right of the number of the corresponding task, starting from the first cell.
Exercise 1
The global problems of mankind include
1) financial crisis
2) the threat of international terrorism
3) increase in crime
4) decline in fertility in developed countries
Task #2
The main subsystems of society include
1) the sphere of politics
2) field of education
3) tax system
4) means of communication and communications
Task #3
The scientific laboratory has been studying the properties of a new substance for a number of years. What distinguishes science from other types of knowledge?
1) rationale for conclusions
2) rely on common sense
3) conducting an experiment
4) use of the method of observations
Task #4
Are the following judgments about education in the Russian Federation correct?
A. The Constitution of the Russian Federation guarantees free basic general education to citizens.
B. One of the levels of the general education system in our country is higher professional education.
1) only A is true
2) only B is true
3) both statements are correct
4) both judgments are wrong
Task #5
A distinctive feature of the post-industrial society is
1) the spread of popular culture
2) consolidation of enterprises
3) development of computer technologies
4) increase in the output of goods
Task #6
Are the following statements about art correct?
A. Art originated at the earliest stages of the development of human society.
B. The means of comprehending the world and man in art is the artistic image.
1) only A is true
2) only B is true
3) both statements are correct
4) both judgments are wrong
Task #7
Both market and traditional economies
1) based on commodity production
2) exclude government intervention
3) develop on the basis of scientific achievements
4) subject to cyclic fluctuations
Task #8
The types of enterprises allocated depending on the form of ownership include
1) production association
2) joint stock company
3) natural monopoly
4) branch factory
Task #9
In which of the following examples is income in the form of profit?
1) For the early commissioning of new capacities, workers received bonuses
2) The salaries of employees of the municipal enterprise have been increased in line with inflation.
3) Sole proprietor expanded the chain of cafes, which allowed him to increase income
4) The owner of a large plot of land attracted new tenants to increase his income.
Task #10
Are the following statements about the labor market correct?
A. Labor in a market economy is voluntary.
B. The main participants in the labor market are owners and workers.
1) only A is true
2) only B is true
3) both statements are correct
4) both judgments are wrong
Task #11
social role- This
1) a person's belonging to the elite of society
2) relationships between people based on a variety of feelings and emotions
3) the expected behavior of the individual in accordance with his position in society
4) the position of a person in society, associated with a certain set of rights and obligations
Task #12
Which of the following characteristics distinguishes a traditional family from other types of families?
1) duties between spouses are distributed on a voluntary basis
2) the dominant position is occupied by the father of the family
3) the family consists of parents and children
4) children take part in household chores
Task #13
Are the following judgments about the trends in the development of the social sphere correct?
A. Post-industrial society is characterized by the growth of the middle class.
B. The social differentiation of society in the transition from a command economy to a market economy decreases.
1) only A is true
2) only B is true
3) both statements are correct
4) both judgments are wrong
Task #14
The political rights guaranteed by the Constitution of the Russian Federation are:
1) civil servants
2) all citizens of the state
3) citizens of working age
4) all people legally residing in the country
Task #15
The hallmark of totalitarianism is
1) no constitution
3) the presence of prisons and correctional institutions
4) support for religion and church
Task #16
Are the following statements about civil society correct?
A. The activity and initiatives of the population in solving various social problems serve as a manifestation of civil society.
B. The formation of civil society is associated with the development of various forms of private property.
1) only A is true
2) only B is true
3) both statements are correct
4) both judgments are wrong
Task #17
Which of the following applies to human rights?
1) the right to provision for old age
2) the right to life
3) the right to vote and be elected
4) ownership
Task #18
Circumstances mitigating criminal liability include
1) the state of intoxication of the offender
2) assistance in solving a crime
3) commission of a crime in a group of persons
4) use of documents of a representative of authority
Task #19
Natalya sells her dacha to her cousin. Where should she go to certify the contract of sale?
1) to a lawyer
2) to the justice of the peace
3) to the notary
4) to legal advice
Task #20
Are the following judgments about the Constitution of the Russian Federation correct?
A. The Constitution of the Russian Federation was adopted by popular vote. B. The Constitution of the Russian Federation provides for a special procedure for introducing amendments and additions to it.
1) only A is true
2) only B is true
3) both statements are correct
4) both judgments are wrong
The answer to tasks 21-25 is a sequence of numbers. Write down the answers in the answer fields in the text of the work, and then transfer them to the ANSWER FORM No. 1 to the right of the numbers of the corresponding tasks, starting from the first cell. - without spaces, commas and other additional characters. Write each number in a separate cell in accordance with the samples given in the form.
Task #21
Maxim is finishing school. Everyone in the class knows that he wants to be a programmer in the future. Parents and other family members support him in this endeavor. Compare the two types of groups mentioned in the condition: the family and the class team. Select and write in the first column of the table the serial numbers of similarities, and in the second column- ordinal numbers of features of difference.
1) Similarities
2) Features of difference
Influences the formation of behavior patterns
Provides primary socialization
Is a small group
Includes both formal and informal relationships
Task #22
Establish a correspondence between the types of activities and their characteristics: for each element of the first column, select the corresponding element from the second column.
Write in the table the selected numbers under the corresponding letters.
1) labor
2) teaching
3) game
Activities in an imaginary situation
Practical utility
A focus on gaining knowledge
Replacing Real Objects with Conditional Objects
Primary activity in adolescence
Read the text. Analyze the statistics and complete tasks 23, 24.
Task #23
SIGNS OF FAMILY WELL-BEING
Find in the list of conclusions that can be drawn from the diagram, and write down the numbers under which they are indicated.
1) The value of friendship and mutual understanding in the family is estimated by young men higher than by girls.
2) The indicator of material well-being leads in each of the groups of respondents.
3) Love between spouses is rated higher by girls than by boys.
4) Boys more often than girls consider the presence of children a sign of a prosperous family.
5) Both girls and boys put love between spouses above friendship and mutual understanding.
Task #24
The sociological service conducted a survey among young people about what family signs indicate their well-being. The survey results are presented in the form of a diagram.
SIGNS OF FAMILY WELL-BEING
The results of the survey, reflected in the diagram, were published and commented on in the media. Which of the following conclusions directly follow from the information received during the survey?
Write down the numbers under which they are indicated.
1) Most of all, the well-being of the family, in the opinion of the girls, depends on the nature of the relationship between the spouses.
2) The majority of young men see the well-being of the family in procreation and material prosperity.
3) Young people face a choice- make a career or start a family.
4) Education of family values among young people should be strengthened.
5) It is necessary to strengthen state assistance to large families
Task #25
Read the given text, each position of which is marked with a letter.
(A) In recent years, the production performance of the enterprise has been steadily increasing. (B) We can expect a decline in the near future. (B) However, the company's management decided to expand the network of branches.
Determine which positions of the text
1) reflect the facts
2) express opinions
Record in the table the numbers indicating the nature of the relevant provisions.
1) reflect the facts
2) express opinions
Answers:
1) (1 b.) Correct answers: 1;
2) (1 b.) Correct answers: 1;
3) (1 b.) Correct answers: 3;
4) (1 b.) Correct answers: 1;
5) (1 b.) Correct answers: 4;
6) (1 b.) Correct answers: 3;
7) (1 b.) Correct answers: 1;
8) (1 b.) Correct answers: 2;
9) (1 b.) Correct answers: 2;
10) (1 b.) Correct answers: 3;
11) (1 b.) Correct answers: 4;
12) (1 b.) Correct answers: 2;
13) (1 b.) Correct answers: 2;
14) (1 b.) Correct answers: 4;
15) (1 b.) Correct answers: 2;
16) (1 b.) Correct answers: 3;
17) (1 b.) Correct answers: 4;
18) (1 b.) Correct answers: 2;
19) (1 b.) Correct answers: 3;
20) (1 b.) Correct answers: 2;
21) (1 b.) Correct answers:
22) (1 b.) Correct answers:
23) (1 b.) Correct answers: 3; 4;
24) (1 b.) Correct answers: 2; 4;
25) (1 b.) Correct answers:
End
1. Circle the number of the correct answer.
1.1. The names of K. Benz and G. Daimler are associated with
1) gliding
2) bridge building
3) automotive industry
4) shipbuilding
1.2. Are the following statements about monopolies correct?
A. Monopolies contribute to the development of competition.
B. Monopolies allow you to set high prices for your products.
1.3. To the characteristic features of the industrial society of the XIX century. not applicable
1) the emergence of the middle class
2) strengthening the dominant position of the aristocracy
3) mass migration of Europeans to other continents
4) reduction in the number of the peasantry
1.4. Public transport first appeared in
1) Paris 3) Berlin
2) London 4) New York
1.5. Are the following judgments about the features of natural scientific discoveries in the second half of the 19th century correct?
A. A feature of the natural scientific discoveries of the second half of the 19th century. was a change in the idea of the origin of life on Earth.
B. A feature of the natural scientific discoveries of the second half of the 19th century. was a change in ideas about the structure of matter.
1) only A is true 3) both judgments are true
2) only B is correct 4) both judgments are wrong
1.6. The work of the figures of romanticism characterizes
1) the desire for the reorganization of society
2) the predominance of reason over emotions and intuition
3) classical rigor and restraint
4) escape from reality into the world of legends, folk tales
1.7. Are the following judgments about impressionism correct?
A. Impressionism was based on following the principles of ancient art, in particular on the strict conformity of the content of the work to its form.
B. Representatives of impressionism were C. Monet, O. Renoir, C. Debussy.
1) only A is true 3) both judgments are true
2) only B is correct 4) both judgments are wrong
1.8. Which statement is consistent with conservatism?
1) "Equality is one of the essential elements of society."
2) “Man's capacity for justice makes democracy possible. But his penchant for injustice makes it necessary."
3) "Only the state understands what the common good is, and only it is able to realize it."
4) "Equality is not only a legal, but also a political concept that must be introduced into the social sphere."
1.9. Are the following statements about liberalism correct?
A. The most important idea of liberalism was the recognition of the need for the active participation of the aristocracy in government.
B. Liberalism in the 19th century was the most influential ideology.
1) only A is true 3) both judgments are true
2) only B is correct 4) both judgments are wrong
1.10. The socio-political doctrine that proclaimed the structure of society on the basis of the principles of collectivism, equality, justice, satisfaction of all human needs, is called
1) liberalism) socialism
2) conservatism 4) anarchism
2. Write down the answer in the form of a number, one or two words, a sequence of numbers.
2.1. Arrange the following events in chronological order. Specify the answer in the form of a sequence of numbers and complete the task.
1) The beginning of the construction of the Suez Canal.
2) Testing of the first ship.
3) The first economic crisis of overproduction.
4) The invention of radio.
Answer: 2-3-1-4
If the number 451 is subtracted from the four-digit number that appears in the table, you will get the year of the event related to the history of London. Write down its name.
The first underground line opened in London.
A - 3; B - 1; IN 2; G - 1; D - 3.
2.3. Find two features of naturalism in literature in the list below and write down the numbers under which they are indicated.
1) Image of heroic personalities.
2) The desire to catch the subtlest play of light.
3) Demonstration of the ugly sides of people's lives.
4) Orientation to imagination, emotionality, creative spirituality.
5) The desire to transfer the laws that existed in nature to society.
Answer: 3, 5.
Answer: A - 4; B - 3; IN 1; G - 2.
2.5. Compare free competition capitalism and monopoly capitalism. Select and write down in the first column of the table the serial numbers of the similarities, and in the second - the serial numbers of the differences.
1) The presence of a large number of independent small and medium-sized enterprises.
2) The existence of private property.
3) The presence of crises of overproduction.
4) Development of financial and industrial corporations.
Answer: Marxism.
2.7. Find a concept that is generalizing for all other concepts of the series below, and write down the number under which it is indicated.
1) Trust; 2) a syndicate; 3) monopoly; 4) concern; 5) cartel.
2.8. Below is a list of cultural figures of the XIX century. All of them, with the exception of one, are composers.
1) F. Chopin; 2) G. Courbet; 3) F. Schubert; 4) G. Verdi; 5) J. Bizet.
Find a cultural figure who "falls out" of this row, and write down the number under which he is indicated.
