Елена Самтынова
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ФАС России проинформировала о разработке законопроекта, согласно которому саморегулируемым организациям и иным профессиональным объединениям, создаваемым в силу Федеральных законов от 27 июля 2010 г. № 225-ФЗ, от 25 апреля 2002 г. № 40-ФЗ, от 25 июля 2011 г. № 260-ФЗ, от 14 июня 2012 г. № 67-ФЗ, предлагается предоставить право инициативы по направлению любых своих стандартов или правил на заключение в федеральный антимонопольный орган. Поправки планируется1 внести в Федеральный закон от 26 июля 2006 г. № 135-ФЗ «О защите конкуренции». В данный момент проект закона внесен для согласования в Правительство РФ.
Предполагается, что по результатам рассмотрения таких правил и стандартов ФАС России в течение 30 дней выдаст заключение о наличии или отсутствии возможности ограничения конкуренции в результате применения таких стандартов (правил) и вносимых в них изменений. СРО и профессиональные объединения, смогут повторно направить стандарты (правила) в случае необходимости их доработки на основании ранее выданного заключения. После чего ФАС России выдаст заключение в течение 20 дней. При этом в случае отрицательного заключения СРО или профессиональное объединение не обязаны дорабатывать стандарт или правила. Все заключения ФАС России в течение пяти дней со дня подписания будут размещаться в публичном доступе на официальном сайте службы.
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В ведомстве отметили, что предлагаемые меры должны создать условия для предупреждения нарушения антимонопольного законодательства при реализации СРО и профессиональными финансовыми объединениями стандартов и правил. Сообщается также, что законопроект не предусматривает применение каких-то специальных санкций вследствие отказа доработки СРО или профессиональным объединением своих документов по заключению ФАС России. При возникновении обстоятельств нарушения антимонопольного законодательства антимонопольный орган будет лишь исполнять свои полномочия (направлять запросы, выдавать официальные предупреждения о прекращении действий с признаками нарушения антимонопольного законодательства, возбуждать дела с проведением соответствующих расследований, выдавать обязательные для исполнения предписания или обжаловать стандарты (правила) в суде).
По мнению ФАС России, принятие названного законопроекта, совместная и своевременная проработка стандартов и правил СРО и профессиональными объединениями с антимонопольным органом позволят не допустить наступление таких последствий и снизит административные издержки обеих сторон.
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1 С информацией ФАС России можно ознакомиться на официальном сайте ведомства (https://fas.gov.ru/news/30252).
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