How to file a complaint to the FAS, sample application

Extrajudicial and judicial appeal procedure: what is the difference

First of all, the period during which the procedure for appealing the FAS decision can be initiated is different.
In the pre-trial procedure, one month is allotted for this, and in the judicial procedure - three months. In a situation where the actions or inactions of antimonopoly service officials are appealed in an out-of-court scenario, the decision itself continues to be executed, that is, if a fine is imposed, the fine is collected. When an application is sent to the court, the actions indicated in the first document are slowed down until the court announces its verdict.

And the last thing is the differences in the appeal body: in the pre-trial procedure, it is necessary to apply to a higher antimonopoly authority, and in the judicial procedure, it is necessary to apply to the arbitration court.

Krymenergo complaint to FAS, punishment cannot be pardoned?

“For several years now I have been specializing in the issue of forced connection to the power grid of my clients’ houses and land plots: drawing up complaints, obtaining technical specifications, pre-trial and judicial procedures for resolving problems with Krymenergo, knowing what works in practice and what doesn’t - this is not the whole list of how I can help you” - A.V. Pakhomov.

The only and most effective way to connect to the network is through court. Stop, don’t close the article, you don’t need to be afraid of this word, I have more than one lawsuit with Krymenergo behind me, so the longer you delay the moment of going to court, the longer you will be without electricity!

What are the deadlines? In what time frame must all work be completed under the contract?

Despite the fact that the energy blockade of Crimea has been passed and everything should be fine, in reality there are many problems with connecting a house/land plot to the power grid or increasing power.

It is assumed that the connection to the electricity grid of citizens will be completed by Krymenergo within 6 months (12 months depending on what is specified in the agreement) from the moment when the agreement on technological connection was concluded, and now calculate how much time has passed since this time for you? How to defend your rights, and most importantly, achieve connection to the power grid as quickly as possible?

Read more about Krymenergo, technical conditions and SNT

Statement of claim to court or complaint to government authorities

Often we are approached by people who, for a year or even two, have been unsuccessfully trying to achieve justice, wherever they file complaints so that Krymenergo connects a house or land plot to the power grid. This is the first misconception, a complaint to the FAS (antimonopoly authority) will not solve your problem, of course Krymenergo will be held accountable for failure to fulfill the contract, however, they will not rush to fulfill the contract. It is much more effective to go to court, in my practice, the client’s house was connected to the power grid a couple of days before the first meeting, before which he had not written or applied anywhere to achieve this goal.

A sample court decision obliging Krymenergo to connect to the network is here.

Krymenergo may refuse to connect to the power grid

The rules for technological connection establish only the specifics of the technological connection procedure for certain categories of consumers in the absence of the technical capability of the network organization. This means that, regardless of whether it is technically possible to connect a legal entity or an individual to a source of energy supply, Krymenergo, when receiving an application from such a person, is obliged to consider it and carry out the technological connection of energy receiving devices.

In the absence of technical capabilities in relation to facilities of legal entities or individual entrepreneurs with a power of up to 150 kW, as well as facilities of individuals with a power of up to 15 kW inclusive (for domestic needs from one source), the State Unitary Enterprise of the Republic of Kazakhstan "Krymenergo" is obliged to carry out measures for technological connection in the general manner , as well as in the presence of technical capabilities.

If it is impossible to apply standardized rates, the State Unitary Enterprise of the Republic of Kazakhstan "Krymenergo" is obliged, within 30 days after receiving the application, to contact the authorized executive body in the field of state regulation to calculate the fee for technological connection for an individual project.

Further, if the applicant agrees to make payments for technological connection on an individual project, the State Unitary Enterprise of the Republic of Kazakhstan “Krymenergo” does not have the right to refuse to conclude an agreement.

The technical specifications have expired

The validity period of technical specifications ranges from two to five years.

Read more about technical conditions .

If the applicant fails to comply with the technical conditions within the agreed period and there is a technical possibility of technological connection on the expiration date of their validity period, the State Unitary Enterprise of the Republic of Kazakhstan “Krymenergo”, upon your request, has the right to extend the validity period of the previously issued technical conditions. In this case, no additional fee will be charged.

If the conditions for technological connection change after the expiration of the technical conditions, the State Unitary Enterprise of the Republic of Kazakhstan "Krymenergo" has the right to issue to the applicant new technical conditions, taking into account the measures carried out under the previously issued technical conditions. In this case, the issuance of new technical conditions does not entail the invalidity of the contract, provided that the parties agree on the timing of the implementation of technological connection measures.

However, I draw your attention, if in court it is established that the validity period of the technical conditions has expired, then there will be grounds for imposing an obligation on the defendant (Krymenergo) to force the execution of the specified agreement, as well as the collection of penalties (penalties), compensation for moral There is no harm during the judicial hearing of the case.

Contact a lawyer

We can help with:

• Consultation (including study of documents) specifically for your problem;
• Drawing up and sending a legally competent complaint to the authorized bodies;
• Drawing up and sending a pre-trial claim;
• Filing a claim in court;
• Protection of your interests in court.

For all of the above questions (consulting on Krymenergo issues, drawing up complaints, statements of claim in court, checking your situation), you can contact the contact number (WHATSAPP, VIBER, TELEGRAM): + 7 Alexander Valerievich.

Making a statement

Applicants have the right to submit a complaint both in writing and in the form of an electronic document. A complaint can be sent by mail, through a multifunctional center, as well as using information technology and communication infrastructure, including the portal of state and municipal services (functions). An appeal against the actions of officials of the antimonopoly service can also be filed in person.

The document must indicate:

• information about the FAS unit and the document that is being appealed;
• information about the applicant (full name, name of legal entity, contact phone number, email address, return postal address);
• arguments and documents (if available) that substantiate the applicant’s position.

The complaint will not be considered if the text is unreadable, contains insults, or threats.

Also, a claim can be sent by mail, transmitted electronically using the electronic reception functionality, or transmitted in person.

Petition to the FAS. FAS notification

Relations related to the protection of competition, including the prevention and suppression of monopolistic activities and unfair competition, are covered by the Law of July 26, 2006 No. 135-FZ “On the Protection of Competition,” as well as certain by-laws. This Law is aimed at improving antimonopoly legislation and replaces the previously in force Law of the RSFSR dated March 22, 1991 N 948–I “On competition and restriction of monopolistic activities in commodity markets” and Federal Law dated June 23, 1999 N 117–FZ “On the protection competition in the financial services market." Chapter 7 of the Law “On Competition” contains a list of actions that can be performed with the prior consent of the FAS or with subsequent notification of the FAS.

We are considering the complaint

The complaint in the territorial body is considered in the manner prescribed by law dated 02.05.2006 No. 59-FZ. The review period is 30 days. The head of the control unit may extend the period by no more than 30 days if it is necessary to conduct an inspection or request additional information. This conclusion is communicated to the applicant in writing. The collegial bodies of the FAS consider the complaint within 2 months with the possibility of extension for 1 month.

When considering an application pre-trial, the validity of the disputed document is not suspended.

We make a decision

Based on the results of consideration of the complaint, inspectors may refuse to satisfy it or recognize the decision made as illegal in whole or in part. The response is sent to the applicant in writing. The conclusion of the collegial body is also posted on the FAS website.

If the decision made is recognized as illegal in whole or in part, in order to establish the fact of violation of the legislation on the state civil service and apply disciplinary measures, or accept a verdict on other types of liability, the responsible executor of the complaint provides the head of the antimonopoly body with an official note in which the essence of the violation is stated and the officials who committed it are indicated. This is done with the aim of initiating the adoption of a resolution to conduct an internal audit of state civil servants.

Submitting an application to the FAS electronically

Submitting a complaint to the FAS electronically is the fastest and easiest option compared to submitting a written appeal.

This can be done in several ways :

1. Through the official website of the department.
2. By email.
3. Through the portal "State Services".

On the official website of the FAS

You can write a complaint to the FAS electronically on the official website of the service. Here we select the “Write to FAS” tab, and when you click on it, the rules for filing electronic appeals will be presented. After reading the data presented on the page, you should click the virtual “Write a letter” button at the bottom of the screen. After this, you will be automatically redirected to a page with an electronic form to fill out.

Here you will need to indicate your full name, then create a personal account by clicking on the appropriate link and filling out the online form. After this, you will have access to the full range of services provided by the site, including filing an electronic complaint for violation of antitrust laws, unfair advertising and unfair competition.

The text of the complaint must not exceed 1000 printed characters. You can attach digitized documentation to your application, no more than 5 MB in size.

It is also possible to file a complaint with the Federal Antimonopoly Service to e-mail : [email protected] .

Through State Services

The State Services portal allows private citizens and representatives of organizations to send electronic appeals to various government departments.

To submit a complaint to the FAS through “State Services” you will need to go to the website, and if you do not yet have a personal account, you will need to go through authorization.

To do this, you need to follow the link provided by the system and fill out the electronic form , entering the following data:

• FULL NAME;
• Passport details;
• SNILS pension card number;
• Personal phone number.

After switching to your personal account, you need to select FAS from the list of government departments presented on the State Services website. After this, you are automatically redirected by the system to the page for submitting an appeal to the antimonopoly service.

We determine the deadline for filing an application to court

Article 52 of Law No. 135 dated June 27, 2006 determines that the period for applying to court is 3 months from the date of the decision or issuance of the order. The date of acceptance is the date of its production in full. It is prepared no later than 10 days after its announcement at the meeting. If the applicant has previously filed an appeal with the collegial body of the FAS, the application must be submitted no later than 1 month from the date of entry into force of the decision of the collegial body. However, if there are good reasons, the missed deadline may be reinstated by the court.

Making a statement

In accordance with Art. 199 APC, the claim must contain:

• information about the plaintiff (copy of the applicant’s state registration certificate, documents of the representative);
• name of the FAS department and details of the disputed document;
• list of violations with links to regulations;
• demand to cancel the act, recognize the actions of officials as illegal, etc.;
• petition for suspension of the contested act.

The application must be accompanied by materials substantiating the plaintiff’s position, documents confirming the sending of a copy of the application to the defendant and payment of the state fee.

What to include in the application

The statement of claim must include the following information:

1. The name of the body that made the contested decision.
2. The name and details of the act that will be challenged.
3. A list of the applicant’s rights and interests that are violated by this decision.
4. References to legislative and other regulations that, from the applicant’s point of view, were violated.
5. Request for recognition of the decision as invalid.

The statement of claim must be accompanied by the actual text of the contested act , as well as the documents specified in Article 126 of the Arbitration Procedure Code of the Russian Federation. Among them are:

• document confirming payment of state duty;
• confirmation of sending a copy of the statement of claim to other persons involved in the case;
• a copy of the state registration certificate of the company or individual entrepreneur;
• extract from the state register;
• documents confirming the circumstances of the statement of claim and some others.