Search in the register of natural monopolies. How to check if an organization is a natural monopoly

The register of subjects of natural monopolies is a list of organizations that occupy the position of monopolists in their field of activity. Which companies are included in the register.

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The legislator has not formulated the definition of the register of subjects of natural monopolies. To understand what such a list is, you can use the terms that are in the corresponding normative act(Article 3 of the Federal Law of August 17, 1995 No. 147-FZ "On Natural Monopolies", hereinafter - Law No. 147-FZ).

A natural monopoly is called a monopoly that exists in the market under certain circumstances: when demand is more efficient without competition. Reasons for this situation:

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• technological features of production (cost reduction per unit of goods as the volume of production increases);
• the impossibility of replacing the goods produced by the subject of natural monopoly.

The subject of a natural monopoly is a person who creates (sells) goods under the conditions of such a monopoly. Accordingly, the registry is a database of organizations that operate in the absence of competition in a particular field of activity. The law allows such activities in the areas of:

• transportation of oil and oil products;
• rail transportation;
• services in transport terminals, ports and airports;
• transmission electrical energy, power industry;
• use of inland waterway infrastructure;
• disposal of radioactive waste;
• water supply and sanitation using centralized systems, utility infrastructure systems;
• icebreaking pilotage of vessels, ice pilotage of vessels in the water area of ​​the Northern Sea Route.

For example, there is a Register of subjects of natural monopolies in the fuel and energy complex, a Register of subjects of natural monopolies in the field of electric power industry, etc.

The register of subjects of natural monopolies is handled by the Federal Antimonopoly Service

The responsibility for maintaining the register is assigned to the regulatory bodies of such monopolies (Article 10 of Law No. 147-FZ). Responsible for this a few years ago federal Service on tariffs, but then there were changes. Therefore, sometimes the question arises of who maintains the register of subjects of natural monopolies. In 2015, the FTS was abolished (Decree of the President of the Russian Federation of July 21, 2015 No. 373 “On Certain Issues government controlled and control in the field of antimonopoly and tariff regulation). The functions of maintaining the register of subjects of natural monopolies of the Federal Tariff Service were transferred to the Federal Antimonopoly Service of the Russian Federation.

Information from the register is available on the FAS website. The data on the FTS website is no longer relevant. The FAS forms a register based on information received from federal bodies executive power.

In order for the FAS to enter an organization into the register of subjects of natural monopoly in the Russian Federation or exclude it from the list, an application from the organization is required. The filing procedure was approved in a special order (section II of the order of the FTS of Russia dated October 13, 2010 No. 481-e):

1. The application must be drawn up on the letterhead of the organization in the form specified in the order (Appendices No. 2 and No. 4).
2. Documents are submitted on paper and in electronic form (paragraph 3, clause 8, section II of order No. 481-e).
3. The total period for consideration of an application is six months from the date of opening a case on the introduction, amendment or termination of regulation (clause 19 of section II of order No. 481-e).

In the text of Order No. 481-e, the legislator mentions the FTS. Currently, the decision is made by the territorial bodies of the FAS. This is evidenced by judicial practice.

For example, in a dispute about recognizing the FTS order as illegal, the court involved a representative of the FAS () to participate in the case.

If the company is not in the register of subjects of natural monopoly in the Russian Federation, other documents will help to prove the status

The non-inclusion of an organization in the register of subjects of natural monopolies does not indisputably indicate that it does not have the status of a subject, taking into account the activities it carries out ().

The courts note that the absence of information about the company in the register is not “a determining factor for identifying the actual status of an enterprise as a natural monopoly entity. It is possible to establish the status based on the activities of the company (decree of the Arbitration Court of the Far Eastern District dated 06/06/2017 No. F03-2023/2017 in case No. A51-27367/2016).

The registry will help participants in legal relations in economic activities.

The law prohibits subjects of natural monopolies from charging additional fees from contractors. If the company finds that prices are too high, it has the right to apply to the antimonopoly service.

For example, the Federal Antimonopoly Service issued an order against Russian Railways. The court recognized the document as legal and upheld. JSC "Russian Railways" charged an additional fee from the counterparty under the contract for the organization of transportation. The Antimonopoly Service and the court considered such actions unlawful. The defendant is a carrier that organizes the movement of goods in accordance with established tariffs. Russian Railways is not entitled to demand an additional fee (). The plaintiff in the dispute used, among other things, the data of the register of subjects of natural monopolies.

According to 44-FZ (Article 93), natural monopolies are organizations that can act as an executor of a state order. Art. 93 44-FZ allows you to purchase their products as a single supplier. We will tell you how to accurately determine who belongs to them.

List of natural monopolies according to 44 Federal Laws

We will talk about lists with the names of organizations that are legal monopolists:

• in transport terminals;
• sea ​​and river ports;
• airports.

To date, FAS Order No. 1189/17 of 09/08/2017 has been approved, the work of which is regulated by the department itself.

List and register: correlation of concepts

It is important that the FAS has the right to regulate the activities of only those organizations, information about which is contained in the List and in the Register. Moreover, many subjects of natural monopoly are in both groups. But due to the fact that the first affects specific objects of transport infrastructure, and the second applies to entire sectors of the economy. Some companies may only be members of one of them. Thus, these two documents complement each other.

Who is included in the list of subjects of natural monopolies of the Russian Federation

The first list consists of 114 organizations in transport terminals and seaports. The second is from 15 organizations in river ports. Finally, the third includes 94 entities at airports. All of them have different forms property (LLC, FBU, JSC, etc.).

natural monopoly a type of monopoly that enjoys a privileged position in the market technological features production (exclusive ownership of resources, extremely high cost or exclusivity of the material and technical base).

Most often, natural monopolies are firms that manage labor-intensive infrastructures, the re-creation of which by other firms is economically unjustified or technically impossible (for example: water supply, electricity supply, railways).

Subject of natural monopoly

The subject of natural monopoly is an economic entity ( entity), engaged in the production (sale) of goods in a natural monopoly. The subjects of natural monopoly are created in the form of joint-stock companies and state municipal unitary enterprises. The law defines the groups of subjects of natural monopoly:

1. Subjects of natural monopoly in the fuel and energy complex. For example:

• transportation of gas through pipelines (GAZPROM),
• transportation of oil and oil products through main oil pipelines,
• electric power transmission services.

2. Subjects of natural monopoly in transport:

• rail transportation (but in the future it is planned to introduce competition here),
• provision of services for the use of railway infrastructure common use.

3. Subjects of natural monopoly in the field of communications:

• postal services,
• telecommunication services.

A special procedure for bankruptcy has been established for subjects of natural monopolies. If the sphere of natural monopoly itself degenerates into a competitive environment, restraining this process is not allowed.

Register of natural monopolies

The activities of subjects of natural monopolies are regulated by special legislative acts. Natural monopoly entities are included in the register. The register is maintained by the Federal Tariff Service. Those subjects are entered there, in respect of which state regulation and control is carried out in order to determine and establish tariff prices. Access to the registry is open. The register consists of 3 parts:

• register of subjects of natural monopolies in the fuel and energy complex,
• register of subjects of natural monopolies in transport,
• register of subjects of natural monopolies in the field of communications.

Regulation of natural monopolies

Most pure monopolies are natural monopolies and are therefore subject to public regulation. Natural monopoly takes place in the sectors of gas, water and power supply.

Most often, in the sectors of public consumption (public utilities) there are abuses by natural monopolies, which can adversely affect the standard of living of the population. First of all, we are talking about raising tariffs and prices by monopoly enterprises. This leads to an increase in production costs in other industries, and hence to an increase in prices for other goods. These facts make it necessary state regulation such firms by special administrative bodies.

The regulatory bodies of natural monopolies apply methods for regulating the activities of subjects of natural monopolies:

• price regulation, through the determination (establishment) of prices (tariffs) or their maximum level,
• determination of consumers subject to mandatory service, and (or) establishment of a minimum level of their provision in case of impossibility of satisfaction in in full needs for goods produced (sold) by the subject of natural monopoly, taking into account the need to protect the rights and legitimate interests of citizens, ensure the security of the state, protect nature and cultural values.

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Subject of natural monopoly and - an economic entity (legal entity) engaged in the production (sale) of goods under natural monopoly conditions.

Individual entrepreneurs, by virtue of a direct indication of the law, are not subjects of natural monopolies.
Natural monopoly entities can be created in the form of:
JSC; GMUP

The law defines several groups of subjects of natural monopoly:
1. Subjects of natural monopoly in the fuel and energy complex
For example, transportation of gas through pipelines (GAZPROM).
Transportation of oil and oil products through main oil pipelines
Electricity transmission services.
2. Subjects of natural monopoly in transport
This is rail transportation (but in the future it is supposed to introduce competition here)
This is the provision of services for the use of public railway transport infrastructure.
3. Subjects of natural monopoly in the field of communications
Postal services.
Electrical communication services
The activities of these entities are regulated by special legislative acts:
Natural monopoly entities are included in the register.
The register is maintained by the Federal Tariff Service.
Those subjects are entered there, in respect of which state regulation and control is carried out in order to determine and establish tariff prices.
Access to the registry is open.
The register consists of 3 parts:
- Register of subjects of natural monopolies in the fuel and energy complex
- Register of subjects of natural monopolies in transport
- Register of subjects of natural monopolies in the field of communications

For subjects of natural monopolies, a special procedure for their bankruptcy has been established
If the sphere of natural monopoly itself degenerates into a competitive environment, restraining this process is not allowed.

Natural monopolies play a significant role in the economy of the Russian Federation and many other countries of the world. These enterprises are most often represented by large-scale businesses that are leaders in their segment. They have the opportunity to develop large markets, including foreign ones, to become carriers of unique technologies. What is the specificity of the formation of natural monopolies? What role can they play in the economy of the state?

What is meant by natural monopoly?

A natural monopoly is a firm that has a production model that, for some reason, is significantly more efficient than that of other market players. For example, it could be a company that has access to a cheap source of raw materials or electricity. It will have low costs associated with their purchase, as a result - exhibit more low prices or work with greater profits and develop more dynamically.

Natural monopolies include enterprises that have the ability to monetize a resource that competing companies do not have. This is real, for example, when a company owns a toll highway. In this case, if other transport routes between the objects that it connects are absent or not of such high quality, the enterprise will be able to profit on a monopoly basis by collecting tolls.

Classification

A natural monopoly is an enterprise that can represent one or more industries. Therefore, one of the key criteria for classifying businesses of the appropriate type is belonging to a particular sector of the economy. In the national economy of the Russian Federation, monopolies most often operate in the following sectors: transport, fuel and energy complex, communications, utilities, nuclear industry, provision of postal services.

Another criterion for classifying firms in question is who owns the subjects of natural monopolies. They may be government municipal structures, individuals and corporations, foreign investors. Next criterion classification of natural monopolies - organizational and legal form. Most often, a monopoly is represented by a public joint stock company, but their functioning will also be possible, for example, in the form of state corporations or unitary enterprises.

Reasons for the emergence of natural monopolies

What is the reason for the emergence of natural monopolies in the national economy? The reasons for this may be very different. One of the key factors that influenced the formation of the sphere of natural monopolies in Russia was the mechanism for the transformation of Soviet enterprises. Initially, they were adapted to the planned economy and, due to the lack of competition, occupied leading positions in one or another segment. Based on them, firms were formed that operate according to market principles in the conditions of the modern economy of the Russian Federation.

It can be noted that Soviet enterprises, which functioned as a monopoly in the national economy, on the whole retained their positions under free market conditions. In most cases, the state remained their owner, but private individuals were also involved in capital investments.

Another reason for the emergence of natural monopolies, which is also relevant for Russia, is the high investment threshold for entering a particular industry. In order to start a business, for example, in transport sector requires huge capital. Their owner will be interested in paying back his investments and establishing a company that can operate in conditions of minimal competition. Therefore, the investor acquires, having spent a large capital, the main volume of those resources, thanks to which the company is going to make a profit in the future. For example, he builds a toll highway, moreover, having designed it in such a way that any alternative is likely to be less efficient due to its greater length or lesser width. The competition of natural monopolies is an extremely rare phenomenon, largely due to the fact that the corresponding type of enterprise is deliberately established in those areas where the conflict of interests of businesses is unlikely to be observed.

Another mechanism for the formation of natural monopolies is the presence of administrative barriers to the registration and entry of new enterprises into the market. They can be expressed in excessively high requirements for certification, licenses and other permits, in the need for projects to comply with a very large number of GOSTs, standards and norms. As a result, it is easier for an investor to choose a business in an area that, from the point of view of bureaucratic barriers, is easier to enter. In turn, in the segment in which the investor refuses to participate, those entrepreneurs begin to operate that, for one reason or another, can bypass or easily overcome administrative barriers.

What are the natural monopolies in Russia?

The activity of natural monopolies occupies a significant share in Russian economy. It is customary to refer to enterprises of the corresponding type in the Russian Federation as Inter RAO, Gazprom, Russian Railways, Rosatom, Russian Post.

All of them have features that characterize a typical natural monopoly. Examples of enterprises of the corresponding type can be found in various segments of the Russian economy. In each of them, a potential manifestation of the factors that we mentioned above is possible.

The state regulates natural monopolies, aimed at stimulating their positive market role. In addition, the initiatives of the authorities may be associated with the desire to increase economic efficiency companies of the respective type. Later in the article we will consider this aspect in more detail.

Monopoly registers

It can be noted that in Russia the competent authorities keep records of enterprises that can be attributed to natural monopolies. As a rule, this is done, in particular, by the Federal Tariff Service. The institution maintains its own register of natural monopolies. It includes companies from various segments.

The register of natural monopolies formed by the FTS includes enterprises in such sectors as water supply in the field of public utilities, transportation natural gas pipelines, rail, air, sea transport, telecommunications, nuclear power, oil transportation. There are other authorities that carry out accounting of enterprises of the type in question. Thus, the register of subjects of natural monopolies is maintained by the Federal Antimonopoly Service.

Government contracts

It can be noted that in the national economy of the Russian Federation there may be firms that actually have signs of natural monopolies, but are not included in the corresponding register. In this case, due to the peculiarities of the provisions of the Federal Law No. 44 of April 5, 2013, the purchase of services from the relevant company by state and municipal authorities may be complicated. The fact is that in cases where the supplier of a particular service is the only one on the market, then state structures have the right to conclude contracts with him only if he is entered in the register of subjects of natural monopolies. In this sense, it is in the interests of the enterprise to get into the relevant list as quickly as possible in order to be able to conclude contracts with budgetary structures.

The role of natural monopolies in the market

As a rule, the firms in question are very big businesses. Consequently, a natural monopoly is, first of all, the largest employer and taxpayer. Therefore, the state is interested in the efficiency of firms of the appropriate type, since their activities can be a filling factor. in cash budget, as well as ensuring employment of the population - the most important social task. This leads to the fact that the regulation of natural monopolies by the state is carried out in such a way that the current market positions enterprises of the corresponding type remained, and there were no job cuts and a drop in revenue for them. Accordingly, social stability is also ensured in those regions in which enterprises of the type under consideration operate.

Sometimes the services of natural monopolies are so in demand that firms of the corresponding type have no problems with revenue and profitability. In this case, state intervention in the activities of enterprises can be minimized. The main thing is that the company fulfills its obligations to the country's budget in a timely manner. Speaking about the role of the state in the work of natural monopolies, it would be useful to consider in more detail the aspect of regulating the activities of enterprises of this type.

Regulation of monopolies

The activities of subjects of natural monopolies can be regulated by the following main methods: publication by the state of normative sources - sectoral, or having the status of federal legal acts, which directly determine the priorities in the management of enterprises of the corresponding type. Or the approval of other legal acts that affect pricing in a particular segment. The first regulatory mechanism applies to enterprises owned by the state. The second begins to "work" in cases where the company is owned mainly by private individuals or foreign companies.

A significant aspect of state regulation of natural monopolies is law enforcement practice. It is important not only the content of legal acts issued by the authorities, but also the implementation of their provisions in market conditions. The practical need for state intervention in the sphere of natural monopolies can be due to various reasons.

For example, the work of enterprises of the corresponding type may no longer satisfy the objective criteria of competitiveness, when the products they produce begin to yield as foreign ones, as a result of which it becomes increasingly difficult to sell them abroad. Consequently, the state's foreign exchange earnings are reduced, and budget revenues are reduced. The state may be interested in promptly stimulating the necessary modernization of the production of its monopolies or those owned by private individuals in order to increase the competitiveness of their products.

Assistance to monopolies from the state

The activity of the competent authorities in terms of regulating the activities of monopolies may be associated with the need to protect national market from the deployment, in turn, of foreign monopolies. Businesses of the same type in other countries, as well as in Russia, may have great financial opportunities, have access to unique resources that allow them to maintain a presence in in large numbers national markets.

In some cases, the state directly contributes to the solution of possible difficulties in the functioning of the business model of natural monopolies. This can be expressed, for example, in providing companies with the appropriate type of loans on a priority basis and on preferential terms with a high probability of their subsequent write-off. State assistance to the firms in question can be expressed in support of their activities abroad, since natural monopoly entities often work with international markets and their sustainability largely depends on the level of demand in foreign countries.

Enterprises of this type can have access to unique technologies and even develop them, having sufficient capital available. Therefore, in a number of cases, the state may be interested not only in the financial stability of firms of the corresponding type, but also in the fact that this or that natural monopoly continues to be the only or one of the few entities possessing rare technology. This circumstance can positively affect the competitiveness of the country's economy, the state of affairs in other industries in which the corresponding technology can be used.

It should be noted that for the state, it may be much more preferable for the leadership of companies registered in it, rather than foreign ones in a particular segment. This is primarily due to the fact that the revenue from the business of a company that has a residence permit in a particular country is highly likely to remain in it. This, in turn, contributes to the overall capitalization of the economy. Foreign firms often strive to withdraw their proceeds from the state as quickly as possible, although even in this case they can transfer significant amounts of tax payments to the budget of the country in which they operate.

Summary

So, natural monopolies in Russia are a significant part of the national economy. This is largely due to the fact that the largest enterprises of the corresponding type were founded in the USSR in the absence of market competition, initially had a leading position in the market and access to those resources that were inaccessible to potential competitors. Russian Railways, Russian Post, Gazprom - each of these corporations based in the USSR can be considered as a natural monopoly. There are certainly examples of firms of this type in many other industries. Natural monopolies are business entities that are the largest taxpayers and employers. Therefore, the state is interested in the stability of their work and contributes to this to the extent possible. At the same time, in a number of cases, the authorities may intervene in the activities of natural monopolies due to the need to modernize one or another segment of the market.

The enterprises in question, on the one hand, are a powerful pillar of the economy, since they accumulate significant amounts of capital, have the ability to invest in various innovative industries and become competitive in the international arena. And this helps to increase the investment attractiveness of the national economy of the country as a whole. On the other hand, the absence of competition in those market segments in which natural monopolies operate can lead to the formation of conservative priorities among the managers of the respective businesses, as a result, to the opposite result, when the competitiveness of products decreases. Therefore, it is important for the authorities of the country to monitor the processes that are taking place in the field of natural monopolies and to promote them. effective development maintaining a balance between the interests of the state and private investors.