Due to numerous violations in the field of protecting the rights of entrepreneurs and consumers, both of them are forced to take drastic measures to correct situations. Some of them, perceiving the infringement of their interests very emotionally, calm down over time and do not want to engage in confrontation. However, others are ready to defend their position and move on. It is here that justice fighters are faced with the established mandatory requirement to comply with a certain algorithm of actions. 
Urgency of the problem
You should be aware that any appeal to government agencies must comply with regulatory requirements. In accordance with this, before writing a complaint to the FAS or other other body, it is advisable to consult a qualified lawyer. Today, quite a lot of companies offer their services in this area.
For example, on the Internet you can see a lot of announcements in which companies are ready to help write a complaint and accompany a case of violation in the field of financial and market relations and competition. However, in most cases, the price of such services is prohibitive. On average, filling out a sample complaint to the FAS, for example, will cost from 3 to 5 thousand rubles. The difference in price will depend on the reputation of the contractor and his status, as well as on the region in which the service is provided. What to do when there are no funds to pay for the work of the company? In this case, you have to make it yourself.
Action algorithm
Before a complaint is sent to the FAS, a representative of an institution, company or organization whose interests are violated should have:
- Registration data. These, in particular, include all the details of the enterprise, individual, address, contact numbers, mail.
- TIN number or organization code.
- Documentary evidence confirming the violation of the interests of an individual (consumer), enterprise, entrepreneur.
- Legal definition of the reality of illegal actions.
It is also advisable to have a personal computer with Internet access. On the Web you can not only familiarize yourself with current laws. According to the existing procedure, an electronic complaint can be sent to the FAS.
Important point
When the complaint is filed with the FAS, the applicant must clearly determine the subject of the claim and the actual expediency of the appeal. It is also necessary to justify your position. This means that a complaint to the FAS, in addition to directly describing the violation itself and the requirements, must also contain references to the current legislation. Along with this, it must be precisely established whether this case is within the competence of the Service.
FAS complaint: deadlines
If the appeal contains a regulatory justification, and documentary evidence of what happened that fully discloses the essence of the violation is attached to it, and the period during which it can be sent is not missed, then the claim cannot be rejected. As for the time period within which the complaint should be sent, it is 10 days (calendar). It begins to be calculated from the date of posting on the official website of the protocols:
- Auction (if it was open).
- Evaluation and comparison of applications for participation in the competition.
- Recognition of the event (auction or competition) as failed.
- Consideration of applications.
It should be noted that during a closed tender or auction, a complaint is submitted to the FAS within seven days. This takes into account the date the protocols were posted on the site.If the claim will be sent in connection with the action or inaction of the operator, affecting the accreditation of the participant, the period is set to 30 days from the moment of what happened.
Shipping Features
The complaint to the FAS must be made in accordance with the requirements established by law. In accordance with the procedure defined by regulatory enactments, a claim is made in writing and sent directly to the territorial division of the Service by mail. It can also be brought in person. As mentioned above, a complaint to the FAS can be sent via the Internet. In this case, it must be certified by e-mail. by signature. But in this case, there is a possibility that the application will not be registered on time. This, in turn, will cause the complainant to refuse to examine the complaint. In FAS it is better to send an appeal on paper.
Rules for registration
The complaint to the FAS on the customer must contain the required details:
- Contact details, name / full name of the sender.
- Registry number of the tender / auction.
Further, the content of the appeal sets out the arguments according to which the applicant considers the actions of the customer to be unlawful and violating his interests. At the same time, references are made to the relevant regulatory acts. Next, indicate the reason for the deviation given by the customer. Copies of documents to which there are links in the content must be attached to the claim. Such papers may be an application for a tender, GOSTs, notice of inadmissibility, etc. At the end of the appeal, the date of compilation and signature of the applicant is affixed. 
Reasons for submitting a claim
The complaint may be forwarded by the ordering participant. The reasons may be as follows:
- The auction documentation contradicts Federal Law No. 44, misleads the interested party, restricts competition, and does not adequately describe the scope of work or the scope of supply. Also, the requirements for the characteristics of the respective materials are not consistent with GOSTs and other standards.
- The customer evades the conclusion of a state contract.
- The time frame and the procedure for publishing documentation and protocols following the results of the auction have not been observed.
In all these cases, it is necessary to file a complaint with the FAS. 
Claim acceptance
In accordance with the current legislation governing the work of the antimonopoly service of the Russian Federation, the period during which complaints are processed by the FAS is clearly established. So, within two days from the date of actual receipt of the claim should be placed in the appropriate register of the EIS.
To everyone interested parties the right is given to send written objections regarding the subject of the claim. This can be done 2 days (not later) before the date of the complaint. The antimonopoly service is obliged to investigate the claim within 5 days. In a three-day period, the FAS should post the results of the review in the appropriate register. Having examined and examined the claim, the antimonopoly service has the right to suspend the procurement for the time being. At the same time, the FAS issues clear instructions to the customer to eliminate identified violations. 
Types of punishment
There are three type of responsibility for violation of antitrust laws, regulations governing the scope of competition. It can be civil, administrative and criminal. The perpetrator may be held liable in various ways. Criminal and civil penalties are established in court. Administrative measures can be applied directly antitrust authority and its various territorial units.
Responsibility Statement
Criminal penalties for violations of antitrust laws are applied in order to prevent, limit or eliminate competition. This liability occurs in accordance with Art. 178 of the Criminal Code.The punishment shall be fined, arrest or imprisonment of up to 2 years. Civil law consequences occur in the form of an obligation to compensate for material losses caused as a result of violations. This type of liability is provided for by Art. 14-16 Civil Code. Compensation for material damage can be carried out both by the organization and by a specific municipal entity or a constituent entity of the Russian Federation. Administrative punishment is a fine or disqualification. This measure can be applied both to individuals and to organizations. The types of fines, as well as the classification of the entities to which they are charged, are established in Art. 19.5, part 2 and 19.8 of the Code of Administrative Offenses. 
Finally
Thus, based on legislative acts and observing the established order, you can defend and restore your rights. When filing a complaint, you should carefully consider its preparation. If there are no required details in it, it will be returned to the applicant. In addition, the content of the appeal should be carefully considered. The claim must be based on the fact of violation. As in many other cases, the applicant’s position must be justified by references to the regulatory acts of the antimonopoly and civil legislation. Violations must be supported by documents. Depending on the seriousness of the unlawful actions, the nature of responsibility and, accordingly, the punishment will be established.
If the complaint is unsubstantiated, and this will be clarified during its consideration, the applicant may have adverse consequences. The claim may be refused if it is not within the competence of the FAS. In this regard, it is worthwhile to first find out the range of issues that fall within the competence of the antimonopoly service. To do this, you can visit the official site of the FAS or personally consult with a territorial unit. There you can get information on the correct preparation and submission of a claim. If for some reason there is no self-confidence, it is advisable to contact a qualified lawyer. He will not only help in filling out and sending the complaint, but he will also be able to represent the interests of the applicant. In the latter case, a notarized document will be needed - a power of attorney.
