The FAS proposes to bring speculators to justice under a simplified scheme.
Against the backdrop of increased sanctions pressure and the withdrawal of some suppliers from the Russian market, the Federal Antimonopoly Service intends to receive expanded powers to regulate prices and simplify the procedure for holding businesses liable for their unreasonable increase. It is believed that these measures will allow the state to more effectively control pricing and the market, quickly respond to abuses and stop them.
It is proposed to make appropriate amendments to the Federal Law-46 of 08.03.2022. (regulating measures to support businesses and citizens during the period of sanctions), which describe the procedure, but do not detail the criteria for assessing violations. Tighter control measures and a simplified prosecution scheme are planned to be introduced until 2024.
The text of the amendments has not yet been published, but is at the disposal of the Russian media. The document was developed by the FAS jointly with the Ministry of Economic Development on behalf of Prime Minister Andrei Belousov. It is currently undergoing approval.
The explanatory note indicates the motives for the initiative to amend the law, according to the authors, in practice, situations often arise when pricing is not formed on the basis of the market, and decisions to set prices are made by "speculators" based on an increase in profits, that is, in bad faith.
To avoid facts of abuse on the part of manufacturers of goods and suppliers, FAS suggests the following:
until 2024, introduce a ban on actions to form the economic unjustified cost of goods, which lead to a significant increase in prices;
the ban applies to all business entities;
"Significant" will be recognized as a price increase of at least 30% for the accounting period (60 days);
"unreasonable" is proposed to consider a price increase that is not related to changes in market conditions (changes in the ratio of supply and demand, a sudden increase in the cost of materials or tariffs);
The Ministry of Economic Development and the Government has the right to instruct the FAS to assess the validity of the increase in the cost of goods, which will be carried out by the department independently, the assessment criteria have not yet been disclosed;
At first, it is planned to issue a warning, and only in case of its failure to bring the violator to justice.
Thus, the agency will make decisions on the basis of its own opinion, and it is enough to prove the fact of an unreasonable price increase without consistency. In recent months, a slight, not deflation, has been recorded, and the peak of price growth occurred in March.
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