OREANDA-NEWS.  July 22, 2014. The Supreme Arbitration Court of the Russian Federation examined a case on invalidating a letter of the Federal Antimonopoly Service (FAS Russia) “On Issuing Updated Explanations on the Questions of Applying Article 17.1 of the Federal Law “On Protection of Competition” in the part of organizing tenders for concluding sublease contracts for state or municipal property.

The claim was filed by “Baltiisky Port” Ltd. The claimant stated that the Office of the Federal Service for State Registration, Cadastre and Cartography in St Petersburg refused state registration of an additional agreement to the sublease contract concluded with “Baltiisky Port” Ltd. in 2010. In the company’s opinion, the refusal became possible due to some provisions of the contested Explanations.

The Explanations, however, do not establish the rules of conduct mandatory for general public, which is an integral element of a normative legal act.

The Supreme Arbitration Court did not find the grounds for classifying the document as a normative legal act and terminated the case.