The Federal Antimonopoly Service is a government agency that exercises a control function in the market for the provision of goods and services. He is empowered, the main of which is feedback from citizens. Each person whose rights are violated, as well as legal entities, can defend their interests by submitting an application to the FAS. The appeal takes place in accordance with the Federal Law of the Russian Federation No. 59 “On the Procedure for Considering Appeals of Citizens of the Russian Federation”.
What can I complain to the FAS
A frequent case is a violation of competition in various markets for goods and advertising services, as well as monopolies. The Federal Antimonopoly Service is investigating these issues. In addition, her competence includes the supervision of state and municipal procurement, the implementation of state orders, as well as tariff regulation.
We outline the main provisions that can be appealed:
- Violation of monopoly legislation.
- Unfair competition.
- The use of illegal advertising.
- Illegal access and use of personal information of citizens.
- Violation of procurement for state and municipal needs.
- Establishment of high / low tariffs.
On the above issues, you can contact the FAS to file a complaint, statement or proposal.
The complaint contains a request to protect the rights and interests that are violated, or to restore the rights of a citizen.
The application provides for the submission of a message containing information about the violation of regulatory acts, as well as poor-quality work of subordinate services. For example, in the case of a malicious violation of the competition law by a legal entity, a citizen has the right to suppress his actions by submitting an application.
The proposal is submitted and if you wish to express interest in improving certain aspects of the FAS.
In addition, the FAS accepts allegations of violation of antitrust rights, advertising, urban planning, the contract system, insurance companies (CTP), baseless SMS advertising.
How to write a complaint
A complaint to the OFAS (Office of the Federal Antimonopoly Service) is filed in case of violation of rights. Making a complaint is not difficult. It is necessary to fill out the header, write the main part and resolution.
The heading indicates the body to which the complaint is sent, the address and index of the organization, the initials of the official to whom the document is sent. The same information should be provided about the applicant.
Be sure to provide a phone number so that the service specialist can contact the applicant.
The main part includes a description of the violation. Updates by date and time will increase the grounds for conducting an audit against the violator.
The operative part must contain a petition for the restoration of violated rights and interests, after which annexes should be attached.
Copies of supporting documents are evidence, therefore they should be attached to the complaint.
If the issue to be appealed is related to state or municipal procurement, then the form must be branded. The applicant’s signature must be mandatory, even if the complaint is sent using the Internet resource.
In other cases, a complaint to the OFAS is issued on any form. Below is a sample of such a document.
Sample complaint to the FAS
A complaint to the OFAS, a sample of which can be obtained in person or on the official website, is sent to the authority in various ways. The form can not only be obtained at the office of the body, but also drawn up with the help of a competent specialist on the spot. If you are filling out an electronic application form (for this you need to open the FSSP tab and go to the page of the state body), you should only rely on your own strengths. Some citizens apply for legal assistance, representing the interests of the organization. With legal representation, a power of attorney to represent the interests of a notary should be issued. After concluding such an agreement, there is no need to look for a sample complaint, as the lawyer will deal with all issues.
Filing a complaint to the OFAS is not a complicated process, but its consideration can take quite a long time.
Where to send the appeal
The question often arises of which unit should be sent documents.
If it was not possible to establish a regional service unit, a package of documents should be sent to the FAS Office. This procedure can be performed using the Russian Post.
Other ways of sending the application is a personal visit and electronic appeal on the official website. The State Services Internet portal also provides an opportunity to contact an authorized person to restore rights and interests.
How to write a statement electronically
The electronic form is contained on the official page of the FAS. To do this, you need to drive the necessary words into the search engine and go to the service website. Next, open the applications page and fill in all the fields:
- "Subject of appeal".
- "Name of applicant".
- "Applicant's address".
- "The essence of the complaint."
- It is necessary to indicate the facts and circumstances of the case (which rights and norms are violated).
- Attachment of copies and supporting documents.
When sending the electronic form, the applicant agrees to the processing of personal data.
The electronic form of appeal allows only a thousand characters, therefore, to give a detailed explanation, you should draw up the text separately and attach it to other evidentiary acts.
Terms for filing and considering a complaint
Electronic filing provides for the consideration of a complaint to the OFAS by an authorized person within 3 days from the date of departure. If the application is submitted in electronic form on the official website of the office, and the territorial authority should be engaged in the consideration, the period starts from the moment the complaint is registered with the subordinate service. The movement of the application can be tracked on the official website in your account. Each application is assigned an identification number.
The total period for considering a complaint is 1 month from the date of registration. The review period may be extended by another 30 days if additional documents need to be requested.
Grounds for refusal to consider the appeal
When submitting an application, a citizen must abide by all the rules, since the service has the right to refuse to consider the application. The grounds for refusal are:
- The absence of the surname, name, patronymic of the applicant. The service will not be able to give an answer, since it does not have information about the applicant. Such a request will be rejected.
- The presence of obscene language and insults in the text of the message. Statements of this kind are rejected automatically.
- The response to the application requires the disclosure of state or other protected secrets.
- Repeated applications are not considered, since the answer has already been prepared, and the applicant has been notified of the resolution of the issue.
- The text of the statement is inaudible.
- The statement does not contain text.
Such a complaint is not considered by the OFAS, and the applicant is not notified of the results.
FAS actions when considering an application
If the service accepts the application for consideration, it performs the following actions:
- Within the time period established by law, the authorized person examines the complaint, and also establishes all the circumstances of the case.
- Requests the necessary information and documentation.
- Takes measures to restore rights.
- Prepares a response and sends it to the applicant.
In addition, if the message indicates the composition of an administrative or criminal offense, the materials are transferred to the Ministry of the Interior for verification of the crime report. OFAS Russia sends complaints together with supporting documents to resolve the issue of initiating criminal or administrative proceedings.
Requests for information in other state bodies on this issue can be processed within a month, so the consideration of the applicant’s communication is delayed.
You should always notify the citizen whose rights are violated about the progress of the case.
The complaint to the OFAS under 223 FZ (“On the procurement of goods, services, works by certain types of legal entities”) is considered taking into account both the federal norms of the said law and the norms on protection of competition.
Such complaints are very serious and are considered by high-ranking specialists.
The complaint to the OFAS under 44 Federal Law (“On the contract system in the field of procurement of goods, services, works to ensure municipal and state needs”) is considered in a similar way, taking into account the norms of the law.
The above types of complaints are compiled with reference to violated standards and are justified by copies of documents and decisions issued by state and municipal authorities.
FAS appeal
Not always the actions of the Federal Antimonopoly Service may be legitimate. Her decisions can be appealed. This provision is enshrined in law. A complaint about the actions of the FAS is filed in court, and is also considered in pre-trial procedure.
In the first form, it is necessary to apply to the arbitration court with a statement of claim and attachment of copies of documents confirming the violation of the rights and interests of the applicant. It is necessary to pay the state fee in the amount established by law. The term for appealing against the actions or omissions of the territorial service is three months from the receipt of an unsatisfactory answer.
The second appeal option involves filing an application with a higher authority. The term for consideration of such an appeal is 30 days. If a higher authority refuses to accept applications, you should go to court.
The applicant must have available all the documents that he sent to the FAS. They will become the evidence base when considering the matter by the court.