The deputy heads of the FAS Russia and the heads of the relevant departments of the service summed up the work in all areas of the antimonopoly authority.
On October 26, the 10th annual conference "Antimonopoly regulation in Russia", organized by the Vedomosti newspaper and the Association of Antimonopoly Experts with the support of Federal Antimonopoly Service of Russia.
Daniil Fesyuk, Deputy Head of the FAS RF(photo from the archive of the magazine "NOZS").
The conference was attended by representatives of the legislative, executive and judicial authorities, as well as leading lawyers, economists and corporate representatives.
During the first session, the main events of 2018 and their impact on antimonopoly regulation were discussed.
Deputy Head of the FAS Russia Sergei Puzyrevsky spoke about the Decree signed by the President of the Russian Federation "On the main directions of state policy for the development of competition", which he called a historic event for antitrust regulation in Russia.
"The document introduced a new quality of competition development: in the first paragraph of the Decree, active promotion of competition development is designated as a priority in the activities of the President and the Government of the Russian Federation, federal, regional and local authorities. This suggests that the adoption of all decisions in the country should pass through the prism assessment of the consequences for competition... At a meeting of the State Council, the President gathered not only the Government, but also all the heads of 85 subjects, giving them a clear instruction: to seriously engage in the development of competition so that it becomes tangible," he stressed.
Deputy Head of the FAS Russia Anatoly Golomolzin drew attention to the practical implementation of the National Plan and structural reforms carried out by the department in the field of gas, oil and oil product market regulation in, tariff policy, and the digital market.
"The general situation in the economy has radically changed, processes are underway digitalization, the antimonopoly authorities reacted to the changes. The practice of antimonopoly response has changed significantly... The Decree of the President directs us to improve the regulatory framework, which allows us to provide a legal framework for responding to ongoing changes in the economy," said Golomolzin.
Speaking about the work of the antimonopoly department in the field of tariff policy, Deputy Head of the FAS Russia Sergei Puzyrevsky noted:
"Currently, we do not have a basic infrastructure law that determines the procedure for setting tariffs. Under the conditions modern economy this is absolutely wrong, so project federal law about the basics state regulation prices prepared by the FAS Russia should provide clear and transparent rules in the field of tariff regulation".
About the main trends in the field of state defense order and activities of the FAS Russia was told by the deputy head of the department Daniel Fesyuk.
"Defense industrial complex has special characteristics, he said. - On the one hand, we have the only consumer, on the other - the only supplier at many levels of cooperation. It's absolute imperfect competition. Decree of the Government of the Russian Federation No. 1465, which came into force from the beginning of this year, is aimed at ensuring that the monopolies treat the money received from the budget as their own. Further, this philosophy should spread throughout the entire chain of cooperation. Motivation is a guarantee of saving savings for enterprises obtained by reducing the cost of production and sales of products.
"Also an important step this year is the introduction amendments to the law "On State Defense Order" in terms of expanding the ban on establishing above market prices for products supplied under a government contract," he added. Daniel Fesyuk and explained that in case of violations businesses face serious consequences, in particular, it may be the seizure of income obtained illegally.
Photo from the FAS Russia website
On tougher responsibility for participation in anticompetitive agreements said the head of the Department for Combating Cartels of the FAS Russia:
"Order of the President - strengthen criminal and administrative liability for participation in cartels. FAS Russia is actively cooperating in this area with law enforcement agencies. The Antimonopoly Service is a member of the interdepartmental group for combating cartels under the Prosecutor General's Office of the Russian Federation. The same groups will be created at the level of subjects of the Russian Federation. Previously, criminal cases against cartels were sporadic. This year, more than 20 criminal cases have been initiated, the first of which are already being considered by the courts. In relation to cartel participants, the investigation and the prosecutor increasingly choose a measure of restraint in the form of detention. At the same time, practically all the cases that are currently being processed are in one way or another connected with the authorities, and their representatives are also held criminally liable.”
As noticed Andrey Tenishev, annually the FAS Russia makes about 200 decisions on anti-competitive agreements with the participation of authorities.
Daniil Valeryevich Fesyuk - Deputy Head of the FAS Russia, member of the Board of the Military Industrial Complex, Executive Secretary of the Commission for the Construction of the Vostochny Cosmodrome. Until 2015, he headed the Federal Defense Order Service.
In an exclusive interview with the New Defense Order. Strategies” Daniil Valeryevich spoke about the role of the Federal Antimonopoly Service in the implementation of current strategies for the development of the military-industrial complex.
– Starting from 2015, global changes have been taking place in the defense industries different levels, from legislation and restructuring government controlled before the modernization of production and growth in the volume of state defense orders. You were a direct participant in many processes, including innovations in the legislative and administrative spheres. What were the main goals that were set and what was achieved? Can the last three years be considered fateful for the future of Russia's defense industry?
- Processes that can be considered fateful began much earlier. The control structure of the defense industry began to take shape as early as 2005. Then, in accordance with the decree of the President, the Federal Service for Defense Orders (“Rosoboronzakaz”) was created, the tasks of which included the formation of control over the execution of the state defense order. This body was part of the structure of the Ministry of Defense, although it was an independent unit. The Rosoboronzakaz was staffed primarily by military personnel and specialists from subordinate military institutions.
– What was the main essence of the processes launched back in 2005?
- The emergence of a special control body was due to changes in the structure of the defense industry. Control is often thought of as the prevention of administrative and criminal offences. This is only partly so. Almost the primary task of control is inverse function in the control system. In each period of development of the defense industry, it has its own unique features.
In the mid-to-late 2000s, after spontaneous explosive privatization, hundreds of essentially new enterprises appeared, and it was not very clear who was working in this market and what was being produced. Enterprises lost and changed specializations, old cooperative ties were broken, and new ones were built on market conditions. There was no clear picture of how weapons were made. Then, first of all, a control and evaluation structure was needed, which would form an objective picture of the state of the defense industry. These functions were initially taken over by the Rosoboronzakaz, initially it did not even have any punitive functions. But there was, in particular, a licensing function, which at the same time solved the problem of collecting information, a kind of revision of the defense industry. Checks during the issuance of a license, in which it was necessary to go to the site and assess the state of affairs at the enterprise, made it possible to piece together the big picture.
At the turn of 2006, the country switched to a public procurement regulation system through contract system and competitive bidding. And then the process of separation of control began to take place: the civil sphere was assigned to the Federal Antimonopoly Service of the Russian Federation, and control over the conclusion and execution of contracts under the state defense order remained in the specialized structure of the Ministry of Defense. This separation was positioned as necessary due to the presence of state secrets, but in fact it was connected with deeper processes. First of all, with the fact that competition in the defense industry in any country is not based on price economic indicators, but at an engineering competition.
- It turns out that market mechanisms are not applicable to the defense industry?
- Yes and no. Just a general unified approach is not applicable. The transition to competitive procedures and publicity in the closed circuit of the defense industry did not work. Under the slogan of competition, unscrupulous players began to actively take root. Creating the illusion of competition was some cunning on the part of the state, since the defense industry has always had price controls, profitability standards, sole suppliers etc.
Now that effective integrated structures have been built, the situation has qualitatively changed, competition has become professional and real, its main platforms, in fact, are the boards of general designers, boards of directors of large corporations and supervisory boards. This is how it should be in the defense industry, here, in contrast to the civilian sector, price competition can not prevail everywhere. Defense spending is defined as a percentage of the total state budget, the possibilities of the economy. These funds are never enough. In such conditions, competition is not about selling something cheaper, but about creating such an engineering solution that will make it possible to do what meets the country's needs in armaments.
However, it cannot be argued that market realities do not affect defense enterprises. The range of efforts of most of them lies in two planes at once: market and state-regulated. Optimization of balancing between these two realities in the defense sphere is one of the tasks of the FAS.
Everything in the world is accelerating; integration processes, public-private partnerships, and the introduction of new financial mechanisms require promptness. The FAS is in constant communication with all subjects of the state defense order and responds to problematic moments in law enforcement in order to make the necessary adjustments in a timely manner. Integration processes have led to the merger of civil and military manufacturers into holdings according to the sectoral principle (UAC, USC, UEC), which, by the way, is one of the prerequisites for the successful diversification of defense industries. With such an approach, state regulatory bodies should also have competencies in both the defense and civilian components. This current trend is fully consistent with the structure of the FAS.
– Do the initiatives of the Federal Antimonopoly Service of the Russian Federation contribute to the growth of competition in the defense industry?
- As I said, competition in the defense industry has its own characteristics. In terms of price regulation, the functions that the Federal Tariff Service used to have have now been transferred to the FAS. We try to promote market relations where they are appropriate, and where they are not, we help to form an effective pricing system. For example, in areas where market mechanisms are already enabled, in the field of small arms or small shipbuilding, etc., we reduce control as much as possible and do not interfere. For areas where free market mechanisms are not applicable, based on practical experience, a new system pricing. Key Feature last ruling fixed prices for a long five-year period.
- In your opinion, after merging into industry holdings, nothing prevents the diversification of defense enterprises?
– An unconditional barrier to diversification – absolutely different mentality and approaches to profit formation market enterprises and defense industry enterprises. These partitions are very stable.
Should they be destroyed?
The question is how to destroy them. Due external factor? Yes, probably, the reduction in the volume of state defense orders, which the country's leadership declares, will have a certain impact. The FAS is working on methods to stimulate labor productivity and reduce costs, in particular through price regulation. We do not allow the maintenance of an unprofitable workshop to be included in the price of products and we do not allow cooperation participants to declare prices higher than market prices. We insist on building a compliance system at enterprises.
Objectively, in the absence of economic competition, contractors do not have the task of reducing costs and optimizing costs. Such enterprises often generate inefficiency and sell it to the state. Their main task is to get the next state defense order at a price not lower than the previous one. This is an old and complex problem, and solving it is the task not only of the FAS, but also of other departments.
A lot has already been done in recent years, programs for the re-equipment of enterprises have been implemented, which should give new indicators for reducing costs. Top management also has many tasks, one of which is to adequately determine the effectiveness of the enterprise.
- What legislative initiatives can we expect in the future at the suggestion of your department?
– I wouldn't even talk about legislative initiatives today. AT recent times by order of the President Russian Federation Vladimir Putin, serious changes were implemented in the field of state defense orders. Our task is to make the already existing radical innovations in legislation as effective as possible in terms of law enforcement. Recent decisions regarding treasury support were dictated by external circumstances, and we do not have to choose here. I had to find a way to get out of the public sphere in procurement, but at the same time maintain a competitive environment. For this purpose, a special closed platform for trading AST GOZ was created, its task is to provide comfortable conditions for cooperation.
- And in conclusion, the conversation about the development and significant changes in the defense industry. Name three reasons hindering the development of defense industries and enterprises, and three reasons for optimism.
- One of the key problems is the general consumer approach in the defense industry, although, in my opinion, supply and purchase relations are unacceptable in this area. People who ensure the country's defense capability should receive the attention and care of the state. They should not be applied initially to the prosecutor's approach, and they should not be abandoned at the time of making contact, arguing that the performer is obliged to do everything, and the customer is nothing. Arms production is a collaborative process. Formally, a mutually consumer approach justifies both one and the other, both the customer and the contractor, but it has a very bad effect on the final result.
I am glad, first of all, that we saw confirmation High Quality Russian weapons and the high combat capability of the Russian armed forces in the Syrian conflict.
The second reason for optimism is what is visible to the naked eye. Corporate culture in management state corporations today is head and shoulders above what it was five years ago. Competent management has been formed both in legal and economic terms. State bodies and corporate top management began to understand each other and speak the same language. There is a competition of ideas and approaches, which significantly improves the quality of corporate governance.
I am also glad that the design community has been formed, and it has a powerful voice. But I see a no less progressive approach in the fact that specialists from other areas, including market ones, have come to the defense industry. Most often, such a mixture of competencies has a positive effect on the formation common language interactions and expands the horizons of thinking and possibilities. Further development of this synergy will give a good result.
A separate reason for optimism inspires the policy pursued by the Ministry of Defense, openness and readiness to form and implement new ideas. One example is the creation of a clear and understandable mechanism for controlling funding, which helps to increase the efficiency of interaction between all participants in the state defense order. I mean EIS GOZ. The Ministry of Defense has always been the most caring and careful customer, at least in terms of advance payments, and now it has also become the most demanding. Which, you see, is more than fair.
Interviewed by Alexandra Grigorenko
Daniel Fesyuk, Deputy Head of the FAS Russia, moderated the conference “. Pricing, financial monitoring, state control”, which was held on December 11, 2017 in St. Petersburg.
After the completion of the event, D.V. Fesyuk answered questions from the editors of the New Defense Order. Strategies.
- Daniil Valeryevich, what does participation in this conference mean for you?
I'm not here for the first time, coming here is a conscious choice. On this site ( organizer of "Difans Media" - ed.) there is always a large audience, very attentive and professional. Questions are asked at the level that interests me. I hear both economists and lawyers. And these are practices. This conference is no exception. Many participants, many interesting questions.
Participation in such an event allows me to get feedback. Otherwise, how to correct the work of the service? This is the main reason for my coming to St. Petersburg. And, of course, the conference provides an opportunity to convey to the executors the initiatives that are being developed by the FAS either independently or in cooperation with other federal departments. Our challenge is to get the word out about the new rules as quickly as possible so they work the way they were meant to. The effect of surprise in the economy must be avoided at all costs! FAS tries not only to prepare initiatives, but also a platform for their implementation.
How quickly are the problems in the field of state defense orders, which are discussed by the performers at various conferences and seminars, being solved?
FAS is the body where complaints are received. As soon as there are peaks of calls on some narrow issue, we try to respond to it immediately. The most complex changes in legislation require about a year to be implemented (taking into account all the procedures for passing); acts of the Government of the Russian Federation - this is a maximum of a quarter and a half. And at the departmental level, we fit in a few months. We do not have a topic that would remain unresolved for more than a year.
Please tell us about the surprises that you have prepared for enterprises working with defense orders?
We have already presented the main gift. This is an act on pricing in the field of state defense orders. Now it is a single complete normative document. And the novelty of it is not even in the form. We removed great amount contradictions, "cut off" the tail of normative acts that were adopted in ancient times and had the status of "semi-valid", because they were based on documents that were once canceled. Now we have moved to the status of a full-fledged action and brought regulatory framework to the state of 2020, i.e. even worked ahead of time. For everyone who works in the field of state defense orders, these decisions were expected. And now everyone wants to make sure that it really happened!
Interviewed by Irina Novikova.
Photo: Anna Anikina.
02/16/2015 06:02, Amur Region, website:
Head of department Ovchinnikov Maxim Aleksandrovich, Deputy head Fesyuk Daniil Valerievich
The appointed leaders will supervise the new departments of the antimonopoly service for control in the field of state defense orders.
By Decree of the Government of the Russian Federation No. 208-r dated February 11, 2015, Maxim Ovchinnikov was appointed to the position of Deputy Head of the Federal Antimonopoly Service.
Earlier, by order of the Government of the Russian Federation No. 31-r dated January 17, 2015, Daniil Fesyuk was also appointed to the position of Deputy Head of the FAS Russia.
Recall that, according to the Decree of the Government of the Russian Federation No. 1489 dated December 25, 2014, the functions of the Federal Service for Defense Orders (Rosoboronzakaz) for control in the field of state defense orders are transferred to the Federal Antimonopoly Service of Russia.
To the already existing departments of the antimonopoly agency are added: Department of Methodology and Organization control activities in the field of state defense order, Department of control of the state defense order, Department logistic support and capital construction in the field of State Defense Order, Department of Control of Aviation, Rocket and Space and nuclear industry, Legal management in the field of the state defense order, Department of control of mechanical engineering, shipbuilding and radio-electronic industry in the field of state defense orders.
Functions of the new controls:
- Control over compliance by the head executors and executors of the State Defense Order with the requirements established by legislative and other regulatory legal acts of the Russian Federation in the field of state defense orders;
- Oversight of interactions federal bodies executive power and State Corporation "Rosatom" when preparing proposals for the formation of a list of strategic enterprises and organizations;
- Monitoring compliance with the rules for setting prices for Russian weapons and military equipment, which do not have domestic analogues and are produced by a single manufacturer;
- Checking the facts of the increase by suppliers (executors, contractors) of prices for raw materials, materials and components, works, services necessary for the implementation of the state defense order;
- Determining the procedure for carrying out planned and unscheduled inspections compliance with the requirements established by legislative and other regulatory legal acts of the Russian Federation in the field of state defense orders;
- Monitoring compliance with the pricing procedure for products supplied under the State Defense Order, as well as the formation and application of state regulated prices for such products when placing and fulfilling a defense order;
- Control over compliance by state customers with the requirements established by legislative and other regulatory legal acts of the Russian Federation in the field of state defense orders, including the use of budgetary allocations allocated from the federal budget for the implementation of the State Defense Order, and the fulfillment of financial obligations for prisoners government contracts(contracts).
Reference:
Daniel Fesyuk
born February 8, 1972 in Tula, graduated from the Military Engineering Construction Institute (St. Petersburg); Russian academy public service under the President of the Russian Federation; courses of the Military Academy of the General Staff of the Armed Forces of the Russian Federation.
In 1994-2005 served in the Armed Forces of the Russian Federation in officer positions, including more than 5 years in the General Staff of the Armed Forces of the Russian Federation. In 2005-2012 served as head of the department of the Federal Service for Defense Orders. By order of the Government of the Russian Federation dated November 1, 2012, he was appointed Deputy Director of the Federal Service for Defense Orders, from July 14, 2014, he served as Acting Director of the Federal Service for Defense Orders.
Awarded with medals "For Services to the Fatherland" II and I degree; has a class rank: active state councilor of the 3rd class.
Maxim Ovchinnikov
was born on September 11, 1983. In 2004 he graduated from the bachelor's degree in economics of the Astrakhan State University by specialty economic theory.
In 2006 he graduated from the magistracy of the Faculty of Economics of the Moscow State University. M.V. Lomonosov, specialty economic theory. Candidate of Economic Sciences.
In the antimonopoly authorities from 2007 to 2008, he held the position of a leading consultant in the Analytical Department of the Federal Antimonopoly Service. From February 13, 2008 to December 22, 2009 - Deputy Head of the Analytical Department of the Federal Antimonopoly Service. Since December 22, 2009 - Head of the Department for Control of Industry and the Military-Industrial Complex.
"News"
The Antimonopoly Service fined FSUE Space Communications for 5 million rubles
Daniil Fesyuk appointed deputy head of FAS
Daniil Fesyuk has been appointed deputy head of the FAS, according to a decree of the Russian government. Previously, since July 2014, he held the position of Acting Director in the Federal Defense Order Service.
The Russian government has appointed Daniil Fesyuk as deputy head of the FAS. This is stated in the order of the Cabinet.
“To appoint Daniil Valeryevich Fesyuk as Deputy Head of the Federal Antimonopoly Service, releasing him from his post,” the TASS Cabinet quotes.
source: http://www.tvc.ru/news/show/id/59625
Daniil Fesyuk from Rosoboronzakaz appointed deputy head of FAS
The government has appointed Daniil Fesyuk to the post of deputy head of the Federal Antimonopoly Service, the cabinet said in a statement.
"To appoint Daniil Valeryevich Fesyuk as Deputy Head of the Federal Antimonopoly Service, releasing him from his post," the message says.
Previously, Fesyuk served as Acting Director of the Federal Service for Defense Orders.
source: http://www.gazeta.ru/business/news/2015/01/19/n_6838889. shtml
Daniil Fesyuk appointed and. about. heads of Rosoboronzakaz
Daniil Fesyuk Appointed Deputy Head of FAS
Since July last year, he has served as Acting Director of the Federal Defense Order Service.
MOSCOW, January 19. /Corr. TASS /. The Government of the Russian Federation has appointed Daniil Fesyuk as Deputy Head of the Federal Antimonopoly Service of Russia (FAS). This is stated in the order of the Cabinet.
Procurement for the facility Vostochny Cosmodrome under the control of the Federal Antimonopoly Service
In Uglegorsk (Amur Region) a regular meeting of the Commission for the construction of the Vostochny cosmodrome was held under the chairmanship of Deputy Prime Minister of the Russian Federation Dmitry Rogozin.
Daniil Fesyuk will become acting heads of Rosoboronzakaz
Fesyuk has been deputy director of the service since 2012, before that he worked at Rosoboronzakaz as head of one of the departments.
MOSCOW, July 16 - RIA Novosti. The head of the Cabinet of Ministers, Dmitry Medvedev, assigned the duties of the head of the Rosoboronzakaz to the deputy head of the department, Daniil Fesyuk, the corresponding document is posted on the official Internet portal of legal information.
Daniil Fesyuk Appointed Acting Director of Rosoboronzakaz
Moscow, 16 July. Russian Prime Minister Dmitry Medvedev has appointed Daniil Fesyuk, Acting Director of Rosoboronzakaz, Deputy Head of Department. The relevant document is posted on the official Internet portal of legal information.
“To temporarily assign the duties of the director of the Federal Defense Order Service to the deputy of this service, Daniil Valeryevich Fesyuk,” the text of the order says.