Where to complain about the FAS in 2020

What can you complain about to the FAS?

The Federal Antimonopoly Service (FAS) of Russia exercises control and supervision over compliance with legislation in the field of competition in commodity and financial markets, in the field of advertising, and the activities of natural monopolies.
Also, the areas of control of the FAS are the purchase of goods and services for state and municipal needs (Law 44-FZ), the implementation of state defense orders, and regulation of tariffs. Both organizations and ordinary citizens can report violations of the law to the department. You can send the following types of requests to the antimonopoly service: proposals, applications and complaints:

the proposal may contain wishes to improve the activities of the institution and antimonopoly legislation;
in the application, the citizen has the opportunity to report violations of the law, shortcomings in the work of the service;
the complaint sets out a request for restoration or protection of violated rights and interests.

A citizen can complain about a violation of his rights in such areas as antimonopoly legislation, advertising, and urban planning activities. Organizations have the right to file complaints about violations of the law on the procurement of goods and services, the law on the contract system, and restrictions on competition.

One type of violation of antimonopoly legislation is the refusal of an insurance company to issue a compulsory motor liability insurance policy without concluding additional insurance contracts, for example, life insurance.

A violation of advertising legislation is the distribution of advertising through communication channels, including telephone, without the subscriber’s consent to receive it. This means that a citizen has the right to complain to the antimonopoly service about illegal advertising SMS mailings.

See also: Analytical report: rules of preparation and sample

How to complain to financial control authorities

The procurement participant has the right to file a complaint with the financial control authorities - the Accounts Chamber, the State Financial Control Committee, the Treasury and other departments at the level of executive authorities that are empowered to control the placement of government orders. For example, in case of violations in the field of procurement, the participant has the right to submit a petition to the main control department of the city of Moscow.

Departments consider applications based on the provisions of 59-FZ.

IMPORTANT!

Each agency processes applications within the limits of its authority and has the right to redirect the complaint to another control body.

For example, the main function of the Treasury is to ensure the execution of the state budget. When the department receives a complaint from a procurement participant about restricting competition, the appeal is forwarded to the FAS.

Appeals are submitted in writing or electronically to the department's mail, through a form on the official website or personal account on the Unified Portal of Citizens' Appeals.

The period for consideration of applications is 30 days.

When making a positive decision on a complaint, departments have the right:

conduct an unscheduled inspection;
issue an order to eliminate violations;
bring violators to justice;
go to court.

How to write a complaint to the FAS?

The algorithm for drawing up an appeal is determined by the Law on the Procedure for Considering Appeals 59-FZ. In accordance with this document, the complaint indicates the name of the body to which the appeal is addressed, or the full name of the official of interest. You must provide your full name and address to which you can send a response to the complaint; without this information, your appeal will not be considered. Next, they describe in detail the essence of the complaint, how the rights or interests of the citizen were violated. It is advisable to confirm the facts with relevant documents and materials; copies of them are attached to the application. The document is completed with a personal signature and the date of preparation.

Complaints about violations of procurement legislation are made on the organization’s letterhead; in this case, the signature must be electronic.

Grounds for contacting the FAS

You can contact antimonopolists with a complaint on any issue that in one way or another relates to the creation of obstacles to free competition, namely:

with a complaint against the actions of officials who refuse to register a trademark or trademark;
with a complaint about unfair advertising;
with a complaint about the monopolist’s imposition of related services, for example, insurance services;
with a complaint about unfair pricing, for example, deliberate reduction of prices in order to force competitors out of the market;
with a complaint about violations of the terms of competitions for contracts (so-called kickbacks);
with a complaint about the results of trades and auctions;
with a complaint about the customer’s refusal to accept the results of the tender;
with a complaint about concealment, in whole or in part, of information about ongoing competitions, auctions, tenders, etc.

Where should I send my appeal?

Send a complaint to the territorial department of the department. They contact the central office when they are not satisfied with the result of their appeal to the local branch. You can send a document in several ways:

Written appeal. The address for postal items can be found on the official website of the department; to do this, go to the “Territorial Bodies” section. If you need to attach materials to the letter that confirm the facts of violations of the law, then a list of attachments is also placed in the envelope. The appeal is sent in the form of a registered letter with acknowledgment of delivery.
Electronic appeal. In this case, the complaint is sent by email in the form of a file no larger than 8 MB.
Filling out the application form on the website. To do this, you need to select the appropriate region; if necessary, you can attach an attached file of no more than 2 MB in size. A notification of receipt is sent to the applicant's email address. You can track your request using the number indicated in the notification.
Application through State Services using an electronic form. The method is available only to users registered on the portal.

See also: Petition to postpone a court hearing - sample

How to complain to the prosecutor's office

The most appropriate agency to which to complain about the FAS is the prosecutor's office, which is empowered to consider appeals in all areas of activity.

Work with applications by the prosecutor's office is carried out on the basis of 59-FZ and in accordance with the Instructions on the procedure for considering applications and receiving citizens, which was approved by order of the Prosecutor General of the Russian Federation No. 45 of January 30, 2013.

The procurement participant submits a complaint to the prosecutor’s office about the actions of the state customer in writing or through the online reception on the agency’s website.

The appeal must contain:

date and outgoing number;
name of the organization and details;
return address, including email (for sending a response);
grounds for appeal;
documents that confirm the fact of violation (if any);
Full name of the head and seal of the organization.

The review period is 30 days.

When a complaint against a government customer to the prosecutor’s office is found to be justified, the agency has the right:

issue a notice to eliminate violations;
bring to administrative responsibility;
issue a warning;
protest a legal act;
initiate a criminal case (if there are grounds);
go to court.

How to write an application electronically?

When filing a complaint through the department's website, you must fill out a special form. First, you need to select the topic of the complaint from the list, indicate your full name, and the option to receive a response: by postal or email address. Next, you should find the addressee of the appeal, state the essence of the application, all the facts and circumstances that are relevant to the consideration of the complaint. When sending, you must confirm your consent to the processing of personal data.

Advice: since the message can contain no more than 1000 characters, it will be more convenient to formalize the complaint in advance in the form of a text document and attach it to the appeal as a file along with scanned copies of documents confirming the violations.

Application procedure

According to the legislation on urban planning activities Read more about the filing procedure here. The procedure for a written appeal (proposal, application) to the FAS Russia, received by mail or fax A written appeal is subject to mandatory registration within three days from the date of receipt by the FAS Russia, its territorial body or an official (Article 8 of the Federal Law of May 2, 2006 .

No. 59-FZ “On the procedure for considering citizens’ appeals”)

Irina09 » 01 Aug 2014, 09:03 For example, we have a purchase - 0353300217414000003 on the RTS tender it is indicated that there was a whole bunch for it. but if you look at procurement, it’s empty. or here. 0853300001614000028 on RTS it is written “The conclusion of contracts at the auction is blocked by the Supervisory Authority: The conclusion of contracts at the auction is blocked on the basis of No. CA/RTS/23.

5. Documents confirming the validity of the arguments of the complaint; 6.

List of attached documents. Submission deadlines: 3. The provisions of the procurement documentation may be submitted before the end of the established deadline for submitting applications.

5. If the appealed actions (inaction) were committed during the consideration of the second parts of applications for participation in an electronic auction or when concluding a contract, the appeal of these actions (inaction) is carried out before the conclusion of the contract.

Deadlines for filing and consideration of a complaint

Appeals from citizens sent through the official website or by e-mail are registered and transferred to the appropriate department of the service for preparation of a response. You can find out the incoming complaint number in your “Personal Account” on the website or by calling the Public Reception. The appeal in writing is registered within three days from the date of receipt.

If resolving the issues contained in the complaint is not within the competence of the FAS, then the appeal will be forwarded to the appropriate department within seven days. The applicant will be notified of the fact and reasons for the redirection.

Important: an appeal received by any means is considered within no more than 30 days from the date of its registration. If for a detailed study of the circumstances of the case it is necessary to request materials or documents from other government bodies, the time can be extended by another 30 days (with mandatory notification of this to the applicant).

There are grounds on which an applicant may be refused to consider a complaint, namely:

The mail does not indicate the name of the person who applied and the address for sending the response.
The presence in the complaint of insults and threats against an FAS official.
It is impossible to prepare a response without disclosing information that is a state secret.
Written responses have already been given to the appeal.
The text is in capital letters, or is not divided into sentences, or is unreadable.

See also: How to terminate an insurance contract in 2019

When considering a complaint, the agency is obliged to:

timely and objectively study all the circumstances of the violation of a citizen’s rights;
request materials necessary for consideration from other government bodies;
take measures to restore the violated rights and freedoms of the applicant;
send a written response to the citizen.

You can appeal a decision or inaction of the FAS in court or pre-trial. The application is submitted to the arbitration court within three months from the date of receipt of the response from the department. In pre-trial proceedings, you can file a complaint with the FAS about the actions or inaction of a territorial unit.

How to complain to the Central Antimonopoly Service of the Federal Antimonopoly Service

If the OFAS of your city has recognized the complaint as unfounded, the next authority where to send the complaint about competition is the FAS Central Office.

The department considers applications in accordance with the norms of 59-FZ.

The appeal is sent to:

in writing to the address of the department;
to an email address or through the State Services service;
through the form on the target audience website.

The answer to the question whether it is possible to complain to the Federal Antimonopoly Service for Berezka: no, this function is not provided for by the aggregator’s operating regulations.

The Central Antimonopoly Service (FAS) recognizes the complaint as justified or refuses this decision. The review period is 30 days.

IMPORTANT!

The FAS CA extends the review period to 60 days when it becomes necessary to request additional information.

The status of the application is checked in your personal account on the FAS website or by calling the department’s public reception desk.

When making a positive decision on a complaint, the Central Authority of the FAS has the right (Article 23 135-FZ):

request additional information;
conduct a compliance check;
initiate a violation case;
issue an order to eliminate violations;
bring violators to justice;
go to court.

Terms of consideration

Before filing a complaint with the FAS electronically or in the form of a written statement, you must make sure that the deadline for such action has not expired.

If a citizen has problems with documentation related to purchases, it is necessary to meet the deadline before the deadline for submitting applications for participation in the tender.

If violations were made during the consideration of the second parts of applications, the application must be submitted before signing the contract. In other cases, the person is given 10 days from the date of posting the protocol for consideration of applications in the Unified Information System.

Reference! If this deadline is missed, the submitted application will not be considered.

The time frame for consideration of a complaint depends on the nature of the complaint. In the case of tenders, the application is considered within five days. If the complaint concerns the construction sector, the law gives FAS employees 7 days to consider it. In other cases, the result of the complaint must be issued within thirty days (if necessary, the period can be extended to sixty days).

Where to submit

The application can be submitted to the central department of the department or to its territorial offices. The specific place of filing in this case does not matter. Accordingly, an application to the FAS can be made in any region of the country. There are several ways to submit a document.

So, you can submit an application:

Personally. To do this, you need to visit the nearest department office and meet with one of its employees. In addition, constant contact with such an employee will allow you to periodically learn about the status of the application and the process of its consideration.
Via mail. It is possible to send a written application via mail. On the envelope you must indicate the address of a specific department, which can be found on the official website of the department. If documents are attached to the application, the letter must contain a list of attachments.
Via email. You can also use the email service. The Antimonopoly Service has its own electronic mailbox. At the same time, attention should be paid to the fact that the document must contain a digital signature, otherwise it will not be considered.
Through one of the government websites. In this case, we mean two resources: the FAS website and the State Services service. In both cases registration is required. Despite this requirement, filing a complaint through the website is the fastest way.

The procedure for filing a complaint with the FAS depends on the method chosen by the applicant. But regardless of the specific method, a correctly drawn up application will in any case be considered by department employees.

Follow the link on how to file a complaint with Euroset via the hotline and with Rospotrebnadzor.
Find out soon how to return goods to Castorama!