OREANDA-NEWS.  November 29, 2012. The 9th Arbitration Appeal Court in Moscow dismissed the claim of the Ministry of Health Care of the Russian Federation to invalidate FAS decision and determination on the case against the Ministry for violating the Federal Law “On Protection of Competition”, reported the press-centre of FAS.

Earlier Moscow Arbitration Court pronounced legitimacy of the decision and determination on the case.

On 29th February 2012, the FAS Commission found the Ministry of Health Care violated Part 1 Article 15 of the Federal Law “On Protection of Competition” omitting to enforce its No. 351n Order of 12 May 2010 in accordance with No.352 Decree of the Government of the Russian Federation.

The case was initiated upon a petition of the “Research Institute of Urban Hygienic and Epidemiological Problems” Autonomous Non-Commercial Organization. According to the petition, the “Moscow Centre for Hygiene and Epidemiology” Federal Budgetary Healthcare Institution provided sanitary-and-epidemiological expert examination to license certain types of activities on a fee-paid basis, governed by No. 351n Order of the Ministry of Health Care of 12 May 2010. However, under No.352 Decree of the Government of the Russian Federation sanitary-epidemiological expert examination for the purposes of licensing certain types of activities shall be provided free-of-charge to the applicants.

The Ministry of Health Care was obligated to adjust its regulations in accordance with the FAS determination within three months from the date of the determination coming into force.