OREANDA-NEWS. March 07, 2012. The Commission of the Federal Antimonopoly Service (FAS Russia) found that the Ministry of Health Care and Social Development of the Russian Federation violated Part 1 Article 15 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

The case was initiated upon a petition of “Research Institute for Urban Hygienic and Epidemiological Problems” Autonomous Non-Commercial Organization. According to the petition, the “Centre for Hygiene and Epidemiology in Moscow” Federal Budget-Funded Health Care Institution provides sanitary-and-epidemiological expert examination to license certain types of activities on a fee-paid basis.

Investigating the case, the FAS Commission established that the “Centre for Hygiene and Epidemiology in Moscow” Federal Budget-Funded Health Care Institution provides such expert examination on a fee basis, guided by No.351n Order of the Ministry of Health Care and Social Development of 12th May 2010. However, according to No.352 Decree of the Government of the Russian Federation of 6th May 2011, sanitary-and-epidemiological expert examination for the purposes of licensing certain types of activities must be provided the petitioners free-of-charge.

The Ministry of Health Care and Social Development must have adjusted its normative legal acts to comply with the Decree within three months after the date of the Decree coming into effect, but failed to do it.

Thus, the Ministry of Health Care and Social Development violated the antimonopoly law by failure to adjust its No.351n Order of 12th May 2010 in line with No.352 Decree of the Government of the Russian Federation.

Reference:

Part 1 Article 15 of the Federal Law “On Protection of Competition” prohibits federal executive bodies to adopt acts and (or) exercise actions (omissions) that lead or can lead to preventing, restricting, eliminating competition.

No.352 Decree of the Government of the Russian Federation “On Approving the List of Services Necessary and Mandatory for Providing State Services by the Federal Executive Bodies and Are Provided by Organizations Participating in Providing State Services, and Determining the Fee for their Provision” of 6th May 2011.