FAS: Authorities Unlawfully Chagrining Fees for Services
OREANDA-NEWS. June 14, 2012. In 2011, 33% of complaints from companies regarding violations associated with provision of necessary and mandatory services by the authorities were related to unlawfully charging fees for such services, 25% - exceeding the size of fees, 42% - other violations of the authorities. These statistical data were quoted by the Head of the Department of the Federal Antimonopoly Service (FAS Russia) for Administrative Reform and Control over Fee-Based Government Services, Ms. Lyudmila Solontsova, reported the press-centre of FAS Russia.
Ms. Solontsova discussed the results of the efforts of FAS and its regional offices to control whether the authorities comply with No.210 Federal Law “On Organization of Provision of State and Municipal Services”.
The Head of the Department reminded that if an authority set an unlawful requirement obligating an applicant to obtain a service not included in the list of necessary and mandatory services prior to obtaining a state (municipal) service , it also would be a violation of the Federal Law “On Protection of Competition”.
As an example of unlawful practice, Lyudmila Solontsova gave a case conducted by Buryatia OFAS Russia against the Forestry Agency of the Republic of Buryatia. OFAS found that the Agency violated Article 15 of the Federal Law “On Protection of Competition” by unlawfully forcing to conclude and pay for the contracts imposing for the services and works on demarcation, taxation and stumpage appraisal of wood cutting areas in course of cutting forest ranges. However, the authorities provide demarcation and taxation of wood cutting areas within the scope of its reference from budget resources, which does not constitute a necessary and mandatory service for applicants. As a result of the antimonopoly investigation, FAS determination was executed and the violation was eliminated.
In conclusion, Lyudmila Solontsova pointed out that FAS monitors the procedures for providing government services and charging a fee for mandatory services; and on the basis of such monitoring FAS submits a report to the Government of the Russian Federation.