OREANDA-NEWS. November 08, 2010. One year is the period of limitation for institution of administrative proceedings for failure to submit information upon a request of the antimonopoly authority. This conclusion was made by the Presidium of the Supreme Arbitration Court of the Russian Federation, upon supervisory review of the ruling of the Federal Arbitration Court of the Moscow District on an administrative case against “LUKOIL” OJSC, reported the press-centre of FAS Russia. 

In August 2009, FAS Russia fined “LUKOIL” OJSC RUB 500,000 for failure to submit information necessary to consider an antimonopoly case (Part 5 Article 19.8 of the Code of the Russian Federation on Administrative Violations).

“LUKOIL” OJSC challenged the determination by filing a lawsuit against FAS Russia.

The Moscow Arbitration Court pronounced the FAS Russia’s determination invalid.

The 9th Arbitration Appeal Court allowed the appeal of FAS Russia, reversed the judgment of the Court of First Instance and passed a new judicial act to dismiss the claim of “LUKOIL” OJSC.

The Federal Arbitration Court of the Moscow District allowed the cassation appeal of “LUKOIL” OJSC, which reversed judicial acts of the Courts of First and Appeal Instances and invalidated the FAS Russia’s determination. The Court stated that the antimonopoly authority breached the 2-month period for making the respondent administratively liable, as specified in Part 1 Article 4.5 of the Code of the Russian Federation on Administrative Violations.

FAS Russia disagreed with the conclusions of the Cassation Court and lodged a claim to the Supreme Arbitration Court for supervisory review of the ruling of the Cassation Court on the grounds that the ruling of the Federal Arbitration Court of the Moscow District violated uniformity in interpretation and application of Article 25 of the Federal Law “On Protection of Competition” and Part 1 Article 4.5 of the Code of the Russian Federation on Administrative Violations by Arbitration Courts.

Having reviewed the ruling of the Federal Arbitration Court of the Moscow District, the Presidium of the Supreme Arbitration Court of the Russian Federation reversed it, upholding the ruling of the 9th Arbitration Appeal Court.

The Presidium of the Supreme Arbitration Court of the Russian Federation confirmed legitimacy of the FAS Russia’s position that failure to present information upon a request of the antimonopoly authority necessary to exercise its statutory functions, is a violation of the antimonopoly law and the period of limitation for institution of administrative proceedings for such violations is one year.

As stated by the Head of the FAS Russia’s Legal Department, Mr. Sergey Puzyrevsky: “The ruling of the Presidium of the Supreme Arbitration Court of the Russian Federation eliminated collusions in Arbitration Courts’ interpreting the period of limitation of for institution of administrative proceedings for failure to submit information, specified by the antimonopoly law, upon a request of the antimonopoly authority”.

Now FAS Russia intends to control “LUKOIL” OJSC transferring RUB 500,000 to the federal budget executing the FAS Russia’s determination.