Anti-competitive requirements for the selection of persons to provide services for the movement of and (or) storage of detained vehicles

In article legal grounds of carrying out selection of persons for rendering services are analysed on movement and (or) storage of the detained vehicles. The judicial is considered and administrative practice on consideration of questions of free selection of persons for rendering services for movement and (or) storage of the detained vehicles for lack of ensuring equal access for other participants of the market. Practice of certain subjects of the Russian Federation on selection of persons for rendering services for movement and (or) storage of the detained vehicles is investigated, the main approaches, similarities and distinctions between them are noted, and also examples of concrete provisions of such orders containing requirements of discrimination (anticompetitive) character which can bring are allocated to restriction, elimination, prevention of the competition among the persons having intention and possibility of participation in these selections.The author formulated prerequisites and the main approaches to expansion of a circle of people which could participate in selections on the right of movement and (or) storage of the detained vehicles, and also to possibility of realization of the right of the driver - the buyer (consumer) “constrainedly“ on a choice of the tow pounds.Examples of actions of authorities which not only can lead to violations of the antitrust law are given, but also directly led to such violations