Legal encyclopedia. Letter E

NATURAL MONOPOLY

- the state of the natural market, in which demand is more efficient in the absence of competition and the demand in this commodity market for goods produced by natural monopoly subjects is less dependent on the price change for this product than the demand for other types of goods.

Subject EM - a legal entity engaged in the sale of goods in the conditions of EM

The consumer is an individual or a legal entity that acquires the goods sold by the subject.

The head of the subject, E. M., is a person authorized to speak without a power of attorney on behalf of the subject.

Fields of activity Е.

1) transportation of oil and oil products through main pipelines;

2) transportation of gas through pipelines;

3) railway transportation;

4) services of transport terminals, ports and

Airports;

5) public electric and postal services;

6) electricity transmission services;

7) services for the transfer of thermal energy.

It is not allowed to restrain the economic transition of EM spheres into the state of a competitive market.

Control the activities of the subjects of EM federal bodies of state power to regulate EM, who have the right to establish their territorial bodies and grant them powers.

Methods of regulation EM:

1) price regulation is carried out through the establishment of tariffs;

2) identification of consumers who are subject to mandatory maintenance;

3) the right of access to the system of Russian main pipelines and terminals.

The regulatory bodies of EM control the following:

1) by any transactions in which EM acquires the right of ownership;

2) EM investments in the production of goods, which make up more than 10% of the value of own capital;

3) sale, leasing, in which the economic entity acquires the right of ownership of fixed assets.

To commit these actions, the subject of EM must submit to the regulatory body an application for permission to commit such actions.

The regulatory body has the right to refuse to satisfy the petition, but the refusal must be motivated. The decision on consent or refusal is communicated to the applicant in writing within 30 days from the date of receipt of the application.

The applicant has the right to apply to the court if he considers the dissatisfaction of the petition illegal.

Subjects EM have no right to refuse to conclude an agreement with individual consumers of production.

EM must provide regulatory authorities:

1) current reports on their activities;

2) draft plans for capital investments;

3) access to commodity markets. Head of regulatory bodies EM

Appointed and dismissed by the President of the Russian Federation. The leader is a member

Board of the regulatory body. The board consists of 7 people, including the manager.

Employees of regulatory bodies are civil servants.

Functions of regulatory bodies EM:

1) form and maintain a register of subjects of EM;

2) determine the methods of regulation;

3) monitor compliance with legislation;

4) make proposals on improving the legislation on EM Powers:

1) has the right to take binding decisions for EM on the introduction or change of regulation;

2) take decisions on violations of the law;

3) to send instructions binding on EM to stop violations;

4) to make decisions on inclusion in the register or exclusion from it of the subjects of E.M .;

5) send to the executive authorities and local self-government bodies instructions on the cancellation or change of the acts adopted by them;

6) to bring to the administrative responsibility the heads of the subjects of Ye. M., officials of executive bodies and bodies of local self-government;

7) apply to the court with a suit. The regulatory body applies methods of regulation taking into account:

1) costs of production of goods, wages, raw material costs;

2) taxes and other payments;

3) the cost of fixed production assets, the need for investment;

4) the projected profit from the possible sale of goods at different prices;

5) remoteness of different groups of consumers from the place of production of goods;

6) conformity of quality of the made goods to a demand of consumers;

7) state subsidies and other state support.

Employees of regulatory bodies have unimpeded access to information on the activities of the subject of EM, which have executive bodies and local government. Intelligence,

Constituting a commercial secret, received by employees of regulatory bodies, are not subject to disclosure.

In case of violation of the legislation, EM is obliged:

1) stop violations and (or) eliminate them

effects;

2) restore the original position;

3) conclude an agreement with the consumer, which is subject to mandatory maintenance;

4) amend the contract with the consumer;

5) pay a fine;

6) reimburse the losses incurred. Received as a result of violation

Legislation, the profits of EM are transferred to the federal budget.

Decisions of regulatory bodies are executed by EM within 30 days from the moment of receipt of decisions.

Subjects of the EM have the right to apply to the court for a declaration of invalidation, in whole or in part, of the decisions of the regulatory bodies. EM The application to the court suspends the execution of the decision.