Independent registrar of transactions of the Ministry of Telecom and Mass Communications. The Ministry of Telecom and Mass Communications wants to legalize the “Independent Registrar. Using video as an argument
Appeal to the FAS about unfair competition - requirements
According to Part 1 of Article 23 of the Law “On Protection...” of June 27, 2006 No. 135-FZ, the authorized body is obliged to accept and consider appeals and applications from citizens and organizations on issues of unfair competition. Such a body, by virtue of paragraph 1 of the regulation approved by the Decree of the Government of the Russian Federation “On approval...” dated June 30, 2004 No. 331, is the FAS RF.
At the same time, the legislation does not indicate special requirements for such treatment, therefore, when drafting it, practitioners adhere to generally accepted legal and technical standards.
Thus, the appeal must contain:
- name of the authority to which the applicant is applying (territorial body of the antimonopoly service);
- contact information about the applicant (name, address, telephone);
- information about a person whose actions contain signs of unfair competition;
- a description of the violation, as well as the law according to which such actions are considered a violation.
When drawing up an appeal on paper, it is advisable to use letterhead organizations. It is also necessary to put the manager’s signature and seal (if available).
The appeal can also be submitted in in electronic format. In this case, the document is confirmed by digital signature. If necessary, documents (certified copies thereof) confirming the applicant’s arguments should be attached to the application.
Complaint to the FAS about unfair competition - sample
At the Federal Antimonopoly Service in Moscow
Moscow, Myasnitsky proezd, 4, building 1
from LLC "Raduga"
127002, Moscow, st. Vostochnaya, 1
Don't know your rights?
tel.: 111-11-111
Appeal
Over the past month, the Moscow commodity market has seen a sharp increase in prices for Turbo Super 10W motor oil, which is necessary for Maintenance agricultural machinery available at Raduga LLC. Its main sellers are StartOil LLC (Moscow, Zelenaya St., 2, TIN 2563023568) and Euromaslo LLC (Moscow, Mira Ave., 65, office 18, TIN 1524369647). Prices for 1 liter of the indicated oil as of October 1 at StartOil LLC were 160 rubles, at Euromaslo LLC - 161 rubles.
As of November 1, prices for 1 liter of such oil from designated suppliers amounted to 239 rubles. and 240.5 rub. respectively. Thus, on average, over 1 month, prices per 1 liter of Turbo Super 10W brand motor oil increased by 50%. Suppliers explain the increase in prices due to difficulties with customs clearance this product, although no regulations have been adopted recently to change this procedure.
Guided by the provisions of paragraph 1 of Article 10, paragraph 1 of Article 11 of the Law “On the Protection of Competition” dated July 26, 2006 No. 135-FZ, as well as paragraph 1 of the regulations on the FAS of the Russian Federation, I ask you to check the activities of the designated entities for signs of unfair competition.
Appendix: screenshots of the pages of the websites of StartOil LLC and Euromaslo, indicating product prices for October 1 and November 1, 2017 (4 sheets).
Director of Raduga LLC: (signature) /Petrov F.S./
To summarize, we note that the persuasiveness and consistency of the presentation of arguments in the appeal is the key to a positive result of its consideration.
Various technical problems may occur. For example, the participant will no longer be able to submit bids or will not be able to enter the auction room. In practice, this is extremely rare, but it does occur. And if the participant does not have a screen recording or does not have screenshots of what happened during the auction, then it will be very problematic to prove the guilt of the site operator.
Previously, video recordings and screenshots had to be taken using various software tools. However, at present, specialized software has appeared for these purposes, which is called “Independent Registrar”. We will talk in more detail about this software and its capabilities below in this article.
1. Brief information
The competition of the Ministry of Telecom and Mass Communications for the development of the “Independent Registrar” system in 2013 was won by the Federal State Unitary Enterprise Research Institute “Voskhod” with a price offer of 119.5 million rubles with 133 million rubles. It is worth noting that the Federal State Unitary Enterprise Research Institute Voskhod was the only participant to submit an application. The development of the system was carried out from scratch and was based on Russian-made software.
According to Order of the Ministry of Telecom and Mass Communications of Russia No. 398 dated November 18, 2014, the “Independent Registrar” system was introduced into industrial operation from November 27, 2014 on all 5 state electronic platforms.
Currently, use of this program is voluntary for procurement participants.
2. What is an “Independent Registrar” and why is it needed?
Information system “Independent Registrar” (IS “Independent Registrar”) is intended for independent collection, recording, storage, control and audit of information in the process of conducting electronic auctions on electronic platforms and legally significant actions when posting information on.
Software “Independent Registrar” (Software “Independent Registrar”) is a module (plugin) built into the Internet Explorer browser. The software module designed for video recording of user actions carried out on electronic platforms and UIS.
Records received when working on electronic platforms are sent in encrypted form and can only be decrypted at the request of an employee of the Federal Antimonopoly Service of Russia, if a disputed event is received. Those. one copy of the file remains on the computer’s hard drive, and the second is sent to the “Independent Registrar” server.
Sending of records received while working on the EIS website is not carried out; the user independently provides such records to the FAS Russia on a portable storage medium.
The working diagram of the Independent Registrar is shown in the figure below.
Such video recordings make it possible to unambiguously reveal the fact of such violations as illegal blocking of access to the auction, deliberate restriction or hiding of functionality by the operator of the electronic platform and the EIS website, failures in the operation of the platform and the EIS website.
This system was developed in order to collect reliable information about all actions of bidders, customers and operators of the electronic platform. An independent registrar is an indispensable assistant in cases of identifying violations at auctions held on the Internet.
Important point! The full screen of the user's computer, including the taskbar and system time, is recorded. To avoid misunderstandings, while the program is running, you should not display personal information on your computer screen that is not related to working on the electronic platform or EIS.
3. How to download and install “Independent Registrar” on your computer?
You can download the installation file, as well as a guide to installing and using the software from the official website of the Unified Information System (UIS). To do this you need to go to home page site //zakupki.gov.ru/ and select the “Documents” section in the left vertical menu.
Then, on the page that appears, in the left column, find the item “Technical working materials” and left-click on the checkbox located to the left of this item. From the drop-down list you need to select the “Independent Registrar” sub-item and click on it.
After this, you will see a page with materials (installation file, manual and information message). Download the first two files to your computer, study the installation guide and only then proceed with the installation itself. software.
- Installation file in zip format (13.57 MB) - download link
- Installation and use manual in pdf format (812.33 Kb) - download link
4. System parameters required for installing the “Independent Registrar” software
As stated in the software installation guide itself, you need to check the following workplace settings, technical and software characteristics of the user’s PC on your computer:
- Microsoft Internet Explorer browser version 8.0 or higher;
- V Microsoft browser Internet Explorer plugins other than Capicom are missing or disabled;
- OS version Windows XP Service Pack 2 (SP2) and higher;
- a cryptographic protection system program was installed, working according to the GOST algorithm;
- Capicom installed;
- free disk space of at least 500 MB;
- open network permission for IP address 85.143.127.170;
- a flash drive with a certificate issued by an accredited certification center is inserted;
- The root certificate of the certification authority that issued the certificate is installed;
- user certificate installed;
- permission is open in antiviruses, firewalls and other protection systems for the use of additional add-ons.
Only if all these settings are present will the software installation be carried out correctly. If you are not strong in these matters, you can turn to specialists for help. In fact, installing this program is quite simple and takes a maximum of 5-10 minutes.
This concludes my article. I hope the information was useful to you. I wish you good luck and see you in the next articles.
On November 27, the “Independent Registrar” IT system was launched on all five electronic platforms for placing government orders. The new tool is designed to collect objective information about the actions of participants, customers and operators of electronic platforms and is designed to help identify violations during electronic auctions.
“Independent Registrar” is a program that records everything that happens at the time of online trading at the customer’s workplace and on the electronic platform. The program's developers liken it to a car DVR.
A plugin for entrepreneurs allows you to record video of everything that happens on your computer screen during an auction. The program runs on websites of electronic platforms; when you go to other sites, it is automatically disabled. When turned on, it checks the correct operation of the computer, the stability of the Internet channel and the availability of the electronic platform. Next, the video recording records all the actions that the bidder performs at his workplace, in particular, whether he pressed the mouse button when moving the cursor to the function keys of the electronic platform. Thus, if an entrepreneur decides to complain to the Federal Antimonopoly Service that he was unable to file price offer, he will no longer have arguments to accuse the electronic platform of incorrect operation.
The video of the auction is saved in encrypted form: one copy of the file remains on the computer’s hard drive, the second is sent to the “Independent Registrar” server. Access to the system data will be transferred to FAS employees after the end of the auction. When you try to make changes to a program or video, they stop working.
In order to protect the rights of entrepreneurs, the program also evaluates everything that happens on the side of the electronic platform and auction organizers. The recording records the main threats that may arise: instability of the Internet channel, the presence or absence of an electronic digital signature of the participant, facts of DDoS attacks. The auction organizer who did not provide access to the site shall be subject to administrative penalties. “An analogue of a system that would record in electronic form the fight against electronic fraud does not exist not only in our country, it does not exist in other countries either,” said Deputy Head of the Ministry of Telecom and Mass Communications of the Russian Federation Mikhail Evraev.
Meanwhile, entrepreneurs should keep in mind that the “Independent Recorder” records absolutely everything that happens on the screen. So, the video will record that the bidder moved, for example, to email or used a different browser. Therefore, those who do not want to make their personal data available should disable the program if they need to check something not related to the auction.
General Director of Top Case (developer of the Independent Registrar system software) Anatoly Bakhtin clarified that the plugin does not contain undocumented capabilities: it does what it is supposed to do - it records the window of the electronic platform, it will not transmit any additional data. “Colleagues were a little afraid that everything would be recorded... There is no need to be afraid of anything. We tried to make sure that the bidders themselves were confident that they were using a government solution and proven technologies. There should be no doubt that the plugin performs all tasks correctly,” the developer noted.
Currently, the plugin for entrepreneurs has a number of settings that you can set yourself to optimize the process. Thus, a bidder can limit the amount of video saved (currently the maximum allowed size is six hours) or set up delayed video delivery (if the Internet connection is not very good).
The competition of the Ministry of Telecom and Mass Communications for the development of the IT system “Independent Registrar” was won by the Federal State Unitary Enterprise Scientific Research Institute “Voskhod” in August 2013. The contract for the creation and support of the system was signed for two years. On November 17, 2014, an order was signed to put the system into commercial operation. From November 27, the program with instructions can be downloaded on the government procurement website. The test period, during which the developers are going to expand the capabilities of the program, will last the entire next year. From January 1, 2016, all participants in electronic trading will be required to use the system.
Information system “Independent Registrar” is a system that provides independent registration (reservation and storage) of the history of auctions in electronic form on electronic platforms in order to provide information about actions taken at auctions for the supervisory authority to make decisions based on objective information.
Goals
The work of the “Independent Registrar” system is aimed at ensuring:
- reserving and storing the history of auctions on electronic platforms and visualizing information stored in the “Independent Registrar” information system;
- prompt receipt by regulatory authorities of reliable information about legally significant actions performed during electronic auctions;
- the possibility of identifying violations during electronic auctions, including when posting information on the official website www.zakupki.gov.ru.
Tasks
The objectives of the system are:
- collection, recording and storage:
- all actions in the process of conducting auctions on electronic platforms;
- legally significant actions in the process of posting information, including on the official website www.zakupki.gov.ru;
- identifying cases of fraud during electronic auctions;
- transfer of stored information upon request to the FAS-Control information system;
- providing information on actions taken at auctions for the supervisory authority to make decisions based on objective information;
- visualization of information stored in the “Independent Registrar” information system.
Deadlines
November 2013 - December 2015.
Stages
The first stage of work under the contract was completed on March 27, 2014, as a result of which the following subsystems of the “Independent Registrar” information system were developed:
- control and audit subsystem;
- subsystem for the formation of a unified regulatory and reference base;
- administration subsystem;
- subsystem for monitoring the operation of electronic platforms and preventing threats to conducting electronic auctions;
- integration subsystem;
- information security subsystem.
The second stage of work under the contract was completed on November 17, 2014, as a result of which the “Independent Registrar” information system was put into commercial operation on November 27, 2014 on all 5 electronic platforms selected for placing the state order.
As part of the third stage, new subsystems of the “Independent Registrar” information system will be developed. Improvement of the information security subsystem. Maintenance of subsystems of the “Independent Registrar” information system. Consulting support for users.
A special infrastructural element of the stock market, the activity of which directly affects the circulation of shares, is independent registrar - entity, having the appropriate license to compile in the prescribed form, maintain, store a register of securities owners and provide information on this register.
Independent registrars are usually subject to certain restrictions on their activities, such as licensing, size authorized capital and the composition of the founders, the number of employees, their qualifications, and the like. In particular, independent registrars are deprived of the right to independently engage in securities trading.
The main functions of independent registrars are:
1) organizational :
Creation in the appropriate form, maintenance and storage of registers of shareholders;
Issuance of documents of the established form confirming ownership of shares;
Creation of the necessary prerequisites for holding scheduled and unscheduled meetings of shareholders;
Creating the necessary prerequisites for organizing the payment of dividends;
Coordination of the activities of stock exchanges and brokerage organizations that act on behalf and on behalf of shareholders;
2) informational :
Collection and storage of information on the main characteristics of joint stock companies;
Accumulation of information about shareholders;
Providing the necessary information to shareholders on behalf of the issuer.
3) controlling :
Checking the requirements of shareholders provided through a brokerage firm;
Control of share purchase and sale transactions;
Definition of affiliates;
Establishment of encumbrances on shares for which there are contradictions (for example, seizure of property, pledge, etc.).
Register maintenance activities owners of registered securities is to collect, record, process, store and provide information that makes up the register maintenance system. Maintaining the register involves recording and storing for certain periods of time information about the owners of registered securities and about transactions that result in the need to make changes to the register. Maintaining registers of owners of registered securities is the exclusive activity of the entities entrepreneurial activity, is carried out with the appropriate permission and cannot be combined with other types of activities other than depository.
The registrar maintains a register of owners of registered securities under the terms of an agreement concluded with the issuer of securities. An issuer may enter into an agreement to maintain a register with only one registrar. However, such an agreement does not relieve the issuer of responsibility for fulfilling the obligations arising from transactions with securities.
The register of owners of registered securities is a list of registered owners compiled as of a certain date, indicating the number, nominal value, categories of securities. The register can be maintained both on paper and in the form of electronic records. According to the register, the issuer fulfills its obligations to shareholders, pays dividends, keeps records of the movement of securities, and performs other actions in relation to securities. The basis for making changes to the register of owners of registered securities are documents according to which the ownership of the corresponding registered securities is changed. In addition to directly maintaining the register, the registrar may, by agreement with the issuer, accumulate information about joint stock company, owners and nominee holders of securities, assist in preparing and conducting general meeting shareholders, exercise control over large-volume transactions with securities of this issuer.
The registrar is obliged, at the request of the owner of the securities or his representative, as well as the nominal holder, to provide an extract from the register of owners of registered securities. The owner or his representative or nominee holder does not have the right to demand inclusion in the extract of information that goes beyond the registrar's competence, including information about other owners and the number of securities that they own.
Modern development information systems, the global computer network and scientific and technological progress have somewhat changed the mechanism for performing the functions of an independent registrar. This is directly related to the fact that most shares are traded electronically. In addition, the processes of universalization and combination of functions, as well as the need to reduce operating costs and speed up the processes of securities circulation on the stock market, have led to the fact that the functions of an independent registrar are transferred to depositories.
