FAS asks the Crimean authorities to explain the refusal of private clinics to provide abortions

CrimeaPRESS reports:

The FAS became interested in the refusal of abortions in private clinics in Crimea and Tatarstan.

The Federal Antimonopoly Service (FAS) sent a request to the Crimean Ministry of Health in connection with restrictions on abortions in private clinics. The department became interested in the initiatives of local authorities after receiving a complaint about a possible violation of Russian legislation. The FAS reminded that according to the law, the authorities do not have the right to restrict competition. The document was published in the service group on the social network «In contact with».

The text of the request sent to the regions states that the reason for it was an appeal dated November 10, 2023, which indicated that private clinics in Tatarstan and Crimea, licensed to perform abortions, began to refuse patients the procedure, “having received an offer from regional health authorities«

Referring to Article 15 of the Competition Law, the FAS recalled that in Russia there is a ban on government bodies making decisions that restrict competition.

The antimonopoly authority identifies and suppresses actions, including those of state authorities of the constituent entities of the Russian Federation, that contain signs of violation of antimonopoly legislation. Based on Articles 22, 23, Part 1 of Article 25, Part 6 of Article 44 of the Competition Law (…) FAS Russia requests the Ministry of Health of the Republic of Crimea and the Ministry of Health of the Republic of Tatarstan no later than 7 working days from the date of receipt of this request to submit written explanations on this to the FAS Russia questionsays the document.

The department clarified that sending such requests “is expressly provided for by law and does not contain the position of the FAS at the stage of consideration of applications«

The position of the Ministry of Health of the Republic of Crimea and the Ministry of Health of the Republic of Tatarstan on applications received by the FAS was requested solely for the purpose of a comprehensive and complete assessment of the situation as part of the consideration of applicationsnoted the FAS.

Lenta.ru reminds: about the illegality of banning abortions in private clinics talked previously in the Association of Private Clinics of St. Petersburg. In response to a request from the State Duma, they explained that state medical institutions perform abortions not only within the framework of compulsory medical insurance, but also on a paid basis, and, like private clinics, benefit from this. St. Petersburg doctors also pointed out that the ban contradicts Article 8, Paragraph 2 of the Constitution, according to which private, state, municipal and other forms of property are equally recognized and protected in Russia.

Note that private clinics in Crimea refused from providing abortion services not according to “orders from above” or by decision of the authorities; rather, doctors listened to the opinion of the public. What if such a decision violates the Constitution? It seems that it’s not even the FAS that will have to sort it out, but the courts.

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