Resolution on the layout of non-stationary retail facilities. Non-stationary retail facility - what is it? Regulations on the placement of non-stationary retail facilities

Appendix 1. The procedure for developing, approving and changing the layout of non-stationary retail facilities and their placement Appendix 2. The procedure for organizing and conducting an auction for the right to conclude an agreement for the implementation of trading activities (provision of services) in a non-stationary retail facility, an agreement for the placement of a non-stationary retail facility and conclusion such agreements Appendix 3. Recommended form of agreement for the placement of a non-stationary retail facility (lost force) Appendix 4. Features of the placement of non-stationary shopping facilities on land plots provided to state cultural institutions of Moscow - parks and gardens of culture and recreation, estates, estate museums, museum-reserves, the Moscow Zoo, the State Autonomous Institution of Moscow " Poklonnaya Gora", subordinate to the Department of Culture of Moscow Appendix 5. Features of the placement of non-stationary retail facilities in buildings, structures, structures and land plots transferred to the State Unitary Enterprise of Moscow "Moscow Order of Lenin and Order of the Red Banner of Labor Metro named after V.I. Lenin" Appendix 6. The procedure for organizing and conducting an auction among disabled people registered as individual entrepreneurs in Moscow, and public organizations disabled people carrying out activities in Moscow, the right to enter into an agreement for the implementation of trading activities(provision of services) in a non-stationary retail facility, agreements for the placement of a non-stationary retail facility and the conclusion of such agreements Appendix 7. Features of the placement of non-stationary retail facilities in buildings, structures, structures and land plots transferred to the Moscow State Budgetary Institution for the Operation and Repair of Engineering structures "Gormost" Appendix 8. Features of the placement of non-stationary retail facilities within the boundaries of the territories of the Exhibition of Achievements of the National Economy and the specially protected natural territory "Natural and Historical Park "Ostankino", provided joint stock companies with the share of Moscow in authorized capital and (or) state unitary enterprises (state enterprises and state-owned enterprises) of Moscow, subordinate to the Moscow Tourism Committee

Decree of the Moscow Government of February 3, 2011 N 26-PP
"On the placement of non-stationary retail facilities located in the city of Moscow on land plots, in buildings, structures and structures owned by the state"

With changes and additions from:

May 31, June 16, July 5, September 28, 2011, February 16, February 22, March 26, August 27, September 27, November 13, 2012, April 4, September 13, 25, December 26, 2013, 25 February, December 26, 2014, March 11, May 19, June 9, August 26, November 10, December 30, 2015, February 26, May 17, July 26, 15, November 29, 2016, January 11, 5 April, November 28, 2017, March 20, May 8, 22, August 7, October 31, December 11, 2018, January 22, 2019

1.2. The procedure for organizing and conducting an auction for the right to conclude an agreement for the implementation of trading activities (provision of services) in a non-stationary retail facility, an agreement for the placement of a non-stationary retail facility and the conclusion of such agreements (Appendix 2).

Information about changes:

2. Assign the functions of state customers for the procurement of non-stationary retail facilities of the type “Kiosk”, “Pavilion”, as well as non-stationary retail facilities with the specialization “Print” and work on their placement on land plots that are state property of the city of Moscow, or state property which are not delimited, with the exception of the objects specified in paragraphs 2(1) of this resolution, to the Department of Trade and Services of the city of Moscow.

Information about changes:

Appendix 1 to this resolution is applied when placing non-stationary retail facilities within the boundaries of the territories specified in paragraph one of this paragraph, taking into account the features defined in Appendix 8 to this resolution.

Appendix 2 to this resolution does not apply when placing non-stationary retail facilities within the boundaries of the territories specified in paragraph one of this paragraph.

4(1). To establish that the Committee for Architecture and Urban Planning of the City of Moscow ensures the development of projects for the placement of non-stationary retail facilities for inclusion in the layout of non-stationary retail facilities at the request of the executive authorities of the city of Moscow within the framework of the State Program of the City of Moscow "Urban Planning Policy" for 2012-2018, with the exception of non-stationary retail facilities located in buildings, structures, structures and land plots transferred to the State unitary enterprise city ​​of Moscow "Moscow Order of Lenin and Order of the Red Banner of Labor Metro named after V.I. Lenin.

6. To recognize as invalid:

6.1. Paragraphs 1-14 of the Moscow Government Resolution No. 274-PP dated April 25, 2006 “On streamlining the placement of small retail chain facilities on the territory of the city of Moscow.”

6.2. Clauses 1.1-1.3 of the resolution of the Moscow Government dated October 31, 2006 N 861-PP "On introducing amendments and additions to the resolutions of the Moscow Government dated April 25, 2006 N 274-PP and dated December 3, 2002 N 981-PP".

6.3. Clause 1 of the resolution of the Moscow Government dated May 27, 2008 N 444-PP "On introducing amendments and additions to the resolutions of the Moscow Government dated April 25, 2006 N 274-PP, dated January 27, 2004 N 29-PP, at the disposal of the Government Moscow dated November 15, 2001 N 353-RP".

6.4. Clause 9 of the Moscow Government Resolution No. 920-PP dated October 7, 2008 “On further measures to implement the Moscow Government Resolution No. 965-PP dated November 29, 2005.”

6.5. Decree of the Moscow Government dated March 3, 2009 N 153-PP "On introducing amendments to the Moscow Government Decree dated April 25, 2006 N 274-PP".

6.6. Clauses 1, Resolution of the Moscow Government of March 9, 2010 N 203-PP “On introducing amendments and invalidating certain provisions of the resolutions of the Moscow Government.”

6.7. Clause 8.1 of the Moscow Government Resolution No. 1021-PP dated November 17, 2010 “On the temporary procedure for placing non-stationary objects of the small retail chain on the territory of the city of Moscow in 2011.”

7. Control over the implementation of this resolution is entrusted to the Deputy Mayor of Moscow in the Moscow Government - Head of the Office of the Mayor and the Moscow Government N.A. Sergunina.

Placement of non-stationary retail facilities
Small business owners often use non-stationary retail facilities. Such retail facilities mean mobile retail structures that are temporarily located on a specific plot of land without being attached to it. Typically they are not connected to utility networks. AT first glance, it may seem that the design and placement of such an object is not difficult. But in practice everything turns out to be much more difficult, since there are now strict requirements for obtaining permission to this type trade. It is especially difficult to obtain permission to place an object in a building or on a land plot owned by the state. A non-stationary retail facility must be included in the layout plan. It is developed by the city authorities for a certain period of time, and after its expiration is subject to re-examination.
The placement of non-stationary retail facilities is carried out in accordance with Federal law dated December 28, 2009 No. 381 - Federal Law “On the fundamentals of regulation of trade activities in Russian Federation" If an NTO is planned to be located on a land plot owned by a private individual, then the procedure for its placement and operation is agreed upon with the owner of the stationary facility on whose territory the NTO’s activities are planned.
In the case of placing a non-stationary retail facility on land plots, in premises that are municipal or state owned, the process must be carried out in accordance with the placement scheme, in order to most rationally provide residents with retail space and sustainable development of the city.
Problems for a businessman arise precisely in the second case, so he will have to go through two stages of registering an NTO.
The first stage of registration is that the NTO is included in the placement scheme. Local authorities are responsible for its creation. We list what documents are required for inclusion in this scheme:
- For legal entities- charter, certificate of state registration
- for individual entrepreneurs - certificate of state registration of the person as an individual entrepreneur
- certificate of registration with the tax office, as well as a certificate of issuance of a TIN
- a project describing a non-stationary retail facility
If your NTO is included in the placement scheme, then the second stage is to receive permitting documents, which specifies the service life of the facility, as well as other individual conditions.
The main question that arises in the process of obtaining permission is who should raise the issue of including NTOs in the placement scheme. The reason for this is the lack of an answer to this question in the legislation, as well as the lack of judicial precedents. City authorities claim that the inclusion of NTOs in the placement scheme is only their prerogative and the owners have nothing to do with this issue. This goes against the state policy of promoting small and medium-sized businesses, as it does not provide favorable conditions for their activities and does not facilitate the sale of goods and services. That is, the state takes care of small and medium-sized businesses without taking into account their opinions.
Another problem for the owner of an NTO is the lack of confidence in tomorrow, or rather, that after revising the placement scheme, he will be able to continue to carry out his activities in the same place, since they do not have the right of priority placement for a new term.
The legislation does not oblige the authorities to include existing NTOs in the schemes, but only guarantees them the right to conduct activities until the expiration of the period for providing land for their location.
If you do manage to place a retail outlet, then it must meet certain requirements and standards. Firstly, all goods and services sold must be of appropriate quality.
Small on site retail there should be a sign with company name, location (legal address), as well as work schedule.
NTOs must meet fire, sanitary, environmental and other standards. Also, the owner of the NTO must provide appropriate working conditions for employees.
If the activities of the NTO are completed upon expiration of the permit for the placement of the NTO, the dismantling and removal of equipment is carried out by the entrepreneur at his expense.
To summarize, we can say that the authorities should establish a clear procedure for obtaining permission to locate a retail outlet and guarantee the entrepreneur the fact of obtaining permission after the current one expires.

4307

MOSCOW GOVERNMENT

ABOUT THE POSITION OF NON-STATIONARY TRADE ENTERPRISE IN MOSCOW

In accordance with Federal Law of December 28, 2009 N 381-FZ “On the fundamentals of state regulation of trade activities in the Russian Federation” and in order to implement measures to streamline the placement of non-stationary retail facilities in the city of Moscow at stationary retail facilities, the Moscow Government decides:
1. Approve:
1.1. Rules for the placement, arrangement and operation of non-stationary retail facilities at stationary retail facilities (Appendix 1).
1.2. Administrative regulations for the provision of public services “Inclusion of the location of a non-stationary retail facility at a stationary retail facility in the layout of non-stationary retail facilities (amending the layout)” (Appendix 2).
2. Establish that:
2.1. This resolution does not apply to non-stationary retail facilities attached to stationary retail facilities located on the territory of the Troitsky and Novomoskovsky administrative districts of Moscow.
2.2. Committee for Architecture and Urban Planning of the City of Moscow:
2.2.1. Ensures the development of projects for the placement of non-stationary retail facilities at stationary retail facilities for inclusion in the layout of non-stationary retail facilities and standard architectural and artistic solutions for non-stationary retail facilities as part of the implementation State program of the city of Moscow "Urban planning policy" for 2012-2018.
2.2.2. Develops and approves standard architectural and artistic solutions for non-stationary retail facilities at stationary retail facilities within three months from the date of adoption of this resolution.
3. Amend the resolution of the Moscow Government dated February 24, 2010 N 157-PP “On the powers of territorial executive authorities of the city of Moscow” (as amended by the resolutions of the Moscow Government dated May 18, 2010 N 403-PP, dated October 12, 2010 . N 938-PP, dated June 7, 2011 N 254-PP, dated June 16, 2011 N 269-PP, dated June 28, 2011 N 285-PP, dated July 19, 2011 N 330-PP, dated August 2, 2011 N 347-PP, dated August 30, 2011 N 396-PP, dated October 25, 2011 N 491-PP, dated May 15, 2012 N 208-PP, dated May 15, 2012 N 209-PP, dated May 22, 2012 N 233-PP, dated June 15, 2012 N 272-PP, dated June 18, 2012 N 274-PP, dated July 3, 2012 N 303-PP, dated October 25, 2012 N 597-PP, dated November 7, 2012 N 632-PP, dated November 13, 2012 N 636-PP, dated December 26, 2012 N 848-PP, dated February 15, 2013 N 76-PP, dated March 28, 2013 N 179-PP, dated April 16, 2013 N 242-PP, dated June 13, 2013 N 377-PP, dated August 13, 2013 N 530-PP, dated 20 August 2013 N 552-PP, dated September 6, 2013 N 587-PP, dated September 13, 2013 N 606-PP, dated October 2, 2013 N 661-PP, dated October 15, 2013 N 684 -PP, dated October 22, 2013 N 701-PP, dated November 26, 2013 N 758-PP, dated December 11, 2013 N 819-PP, dated December 24, 2013 N 882-PP, dated December 25 2013 N 898-PP, dated December 25, 2013 N 902-PP, dated April 11, 2014 N 177-PP, dated April 22, 2014 N 200-PP, dated April 29, 2014 N 225- PP, dated April 29, 2014 N 234-PP, dated August 19, 2014 N 469-PP, dated September 10, 2014 N 530-PP, dated October 7, 2014 N 596-PP, dated November 18, 2014 N 680-PP, dated November 25, 2014 N 691-PP, dated December 10, 2014 N 753-PP, dated March 6, 2015 N 102-PP, dated March 31, 2015 N 150-PP , dated April 24, 2015 N 230-PP, dated June 9, 2015 N 343-PP, dated October 13, 2015 N 662-PP, dated November 3, 2015 N 724-PP, dated November 18, 2015 . N 765-PP, dated December 7, 2015 N 824-PP, dated December 8, 2015 N 829-PP, dated December 30, 2015 N 960-PP, dated January 20, 2016 N 6-PP, dated February 26, 2016 N 58-PP, dated February 26, 2016 N 59-PP, dated April 5, 2016 N 154-PP, dated May 17, 2016 N 270-PP, dated June 6, 2016 N 310-PP):
3.1. Clause 2.2.11 of Appendix 1 to the resolution is supplemented with a paragraph in the following wording:
“In cases established by legal acts of the Moscow Government, ensures, in accordance with the established procedure, approval of the draft layout of non-stationary retail facilities in terms of placement of non-stationary retail facilities at stationary retail facilities and the draft changes to the specified scheme, approves the layout of non-stationary retail facilities in terms of placement of non-stationary retail facilities at stationary retail facilities and changes to the specified scheme, and also initiates the exclusion of the locations of non-stationary retail facilities at stationary retail facilities from the layout of non-stationary retail facilities.”
3.2. Appendix 1 to the resolution is supplemented with clause 2.2.25 in the following wording:
“2.2.25. In cases established by legal acts of the Moscow Government, exercises control over compliance with the requirements for the operation of non-stationary retail facilities at stationary retail facilities.”
4. To amend the resolution of the Moscow Government of November 2, 2012 N 614-PP “On approval of the Regulations on the interaction of executive authorities of the city of Moscow when organizing work to clear land plots from objects illegally placed on them that are not objects capital construction, including the dismantling and (or) relocation of such objects" (as amended by resolutions of the Moscow Government dated December 19, 2012 N 740-PP, dated December 25, 2012 N 807-PP, dated February 19, 2013 N 87 -PP, dated August 14, 2013 N 531-PP, dated November 26, 2013 N 765-PP, dated December 11, 2013 N 819-PP, dated November 28, 2014 N 702-PP, dated March 6 2015 N 102-PP, dated March 11, 2015 N 110-PP, dated June 30, 2015 N 376-PP), adding paragraph 3.2 of Appendix 1 to the resolution with a hyphen in the following wording:
“- a valid notification on the inclusion of the location of a non-stationary retail facility at a stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout of non-stationary retail facilities).”
5. This resolution comes into force on September 1, 2016.
6. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Moscow Government on issues economic policy and property and land relations Sergunin N.A.

Mayor of Moscow
S.S. Sobyanin

RULES
PLACEMENT, ARRANGEMENT AND OPERATION OF NON-STATIONARY
RETAIL FACILITIES AT STATIONARY RETAIL FACILITIES

1. General provisions

1.1. The rules for the placement, arrangement and operation of non-stationary retail facilities at stationary retail facilities (hereinafter referred to as the Rules) establish requirements for the placement, arrangement and operation of non-stationary retail facilities at stationary retail facilities on land plots owned by the state of the city of Moscow, and land plots that are state property which is not differentiated.
1.2. A non-stationary retail facility with a stationary retail facility (hereinafter referred to as a non-stationary retail facility) means a retail facility located in accordance with the requirements established by these Rules, which is a temporary structure not firmly connected to the land plot, adjacent to a building, structure, structure, in in which a stationary retail facility is located, owned by right of ownership, other property right, right of use and (or) possession to an economic entity engaged in trading activities, or located on a site near such a building, structure, structure.
1.3. Non-stationary retail facilities must be designed, manufactured and installed in accordance with safety requirements, technical regulations, state standards, and other requirements established by regulatory legal acts of the Russian Federation and legal acts of the city of Moscow.
The appearance of a non-stationary retail facility must correspond to the style of the building, structure, structure in which the stationary retail facility is located, and not disturb the external architectural and artistic appearance of the city of Moscow.
1.4. The placement of non-stationary retail facilities on the territory of the city of Moscow within the boundaries of land plots that are state-owned by the city of Moscow, and on land plots for which state ownership is not demarcated, is carried out without formalizing land legal relations.
1.5. Each business entity carrying out trading activities in a stationary retail facility is permitted to place no more than one non-stationary retail facility.
It is allowed to place several non-stationary retail facilities located in the same building, structure, structure and owned only by different business entities.
1.6. The specialization of the non-stationary retail facility located, provided for in paragraph 2.1 of these Rules, must correspond to the range of goods sold in the stationary retail facility (with the exception of non-stationary retail facilities with the “Christmas tree market” specialization). At the same time, the specialization of a non-stationary trading facility is understood as trading activity in which 80 or more percent of all goods offered for sale of their total quantity are goods of one group.
1.7. Non-stationary retail facilities are located on the basis of the layout of non-stationary retail facilities (hereinafter referred to as the layout scheme) and the notification of the inclusion of the location of a non-stationary retail facility in the layout scheme (about amendments to the layout scheme). Non-stationary retail facilities are included in the placement scheme for an indefinite period.
1.8. The layout must contain: address landmarks, the type of non-stationary retail facility in accordance with the standard architectural and artistic solution of a non-stationary retail facility approved by the Committee on Architecture and Urban Planning of the city of Moscow, specialization, size of the area of ​​the location, period of placement of the non-stationary retail facility.
1.9. The layout also includes:
1.9.1. Layout diagram for the administrative districts of the city of Moscow on a scale of 1:10000.
1.9.2. The project for the placement of a non-stationary retail facility, developed by the Committee for Architecture and Urban Planning of the City of Moscow, the annex to which is a standard architectural and artistic solution for a non-stationary retail facility.
1.10. The inclusion of the location of a non-stationary retail facility in the layout plan (making changes to the layout plan) is carried out in accordance with the Administrative Regulations for the provision of public services “Inclusion of the location of a non-stationary retail facility with a stationary retail facility in the layout of non-stationary retail facilities (making changes to the layout plan)” with the issuance of a notice to an economic entity carrying out trading activities in a stationary retail facility about the inclusion of the location of a non-stationary retail facility at a stationary retail facility in the layout of non-stationary retail facilities (about making changes to the layout).
Changes to the layout are made in the manner established for including the location of a non-stationary retail facility in the layout.
1.11. The notification about the inclusion of the location of a non-stationary retail facility at a stationary retail facility in the layout of non-stationary retail facilities (about changes to the layout) shall indicate:
1.11.1. Information about the address and area of ​​the location, specialization of the non-stationary retail facility.
1.11.2. The requirement for the need to locate, arrange and operate a non-stationary retail facility in accordance with established requirements and the project for the placement of a non-stationary retail facility.
1.11.3. The requirement for an economic entity carrying out trading activities in a stationary retail facility to ensure the dismantling and removal of the non-stationary retail facility from its location within no later than 5 calendar days from the date of the decision to exclude the location of a non-stationary retail facility from the layout scheme.
1.11.4. A provision stipulating that if a decision is made to exclude the location of a non-stationary retail facility from the layout scheme and after the expiration of the period specified in paragraph 1.11.3 of these Rules, the authorized executive body of the city of Moscow independently ensures the dismantling and (or) relocation of the non-stationary retail facility to a specially organized site for storing illegally placed objects.
1.11.5. A provision stipulating that the authorized executive body of the city of Moscow, in the event of a refusal by an economic entity carrying out trading activities in a stationary retail facility, to voluntarily dismantle and remove the non-stationary retail facility from its location within the period specified in paragraph 1.11.3 of these Rules , is not responsible for the condition and safety of goods, equipment or other property located in a non-stationary retail facility when it is dismantled and (or) moved to a specially organized site for storing illegally placed objects.
1.12. The Prefecture of the Administrative District of the City of Moscow, the Department of Trade and Services of the City of Moscow, the Association of Administrative and Technical Inspections of the City of Moscow, the State Inspectorate for Control over the Use of Real Estate Objects of the City of Moscow, when identifying the grounds provided for in paragraph 1.13 of these Rules, are obliged to initiate the exclusion of the location of a non-stationary retail facility from layouts in the following order:
1.12.1. Within no later than 5 working days from the date of identification of the grounds provided for in paragraph 1.13 of these Rules, the executive authority of the city of Moscow, initiating the exclusion of the location of a non-stationary retail facility from the layout scheme, sends an application for exclusion of the location of a non-stationary retail facility from the layout scheme for consideration by the Interdepartmental Commission on Consumer Market Issues under the Moscow Government, which, no later than 21 working days from the date of receipt of the application, reviews the application and makes a decision to exclude or refuse to exclude the location of a non-stationary retail facility from the placement scheme.
The application must be accompanied by documents confirming the existence of the grounds provided for in paragraph 1.13 of these Rules.
1.12.2. When the Interdepartmental Commission on Consumer Market Issues under the Moscow Government makes a decision to exclude the location of a non-stationary retail facility from the location scheme, the prefecture of the administrative district of the city of Moscow, no later than 5 working days from the date of adoption of this decision, adopts a legal act on amending the location scheme (about exclusion of the location of a non-stationary retail facility from the layout) and sends to the business entity carrying out trading activities in a stationary retail facility a notice of changes to the layout (about the exclusion of the location of a non-stationary retail facility from the layout) in a manner that ensures confirmation of receipt of such notification.
1.13. The grounds for excluding the location of a non-stationary retail facility from the layout scheme are:
1.13.1. A change in the urban planning situation that prevents the placement of a non-stationary retail facility in accordance with the requirements established by these Rules, as well as the creation by a non-stationary retail facility of obstacles during the implementation of construction work or long-term (more than one year) repair of road transport, engineering infrastructure, reconstruction or repair of buildings, structures , buildings in which a stationary retail facility is located, about which the prefecture of the administrative district of Moscow, simultaneously with sending the application specified in paragraph 1.12.1 of these Rules, to the Interdepartmental Commission on Consumer Market Issues under the Moscow Government notifies the business entity carrying out trading activities in the stationary retail facility, in a manner that provides confirmation of receipt of such notification.
1.13.2. The presence of an order or submission from a state control (supervision) body to eliminate violations of placement requirements that has not been fulfilled within the established period of time, appearance and the maintenance of a non-stationary retail facility established by these Rules.
1.13.3. Failure to pay or untimely payment of an administrative fine for violation of requirements for the placement, appearance, content and specialization of a non-stationary retail facility.
1.13.4. The presence of an insoluble conflict of interest between an economic entity carrying out trading activities in a stationary retail facility and residents that arose as a result of the placement of a non-stationary retail facility (the presence of repeated (two or more) justified complaints from residents to the authorities state power for violation of requirements for the placement, arrangement and operation of a non-stationary retail facility).
1.13.5. A written refusal of the business entity that owns the right to locate a non-stationary retail facility to place a non-stationary retail facility, submitted to the prefecture of the relevant administrative district of Moscow, indicating the location of the non-stationary retail facility and its area, as well as the specialization of the non-stationary retail facility.
1.13.6. The fact of termination of the activities of an economic entity in a stationary retail facility, established by the prefecture of the corresponding administrative district of the city of Moscow.
1.13.7. Inconsistency of a non-stationary retail facility established requirements.
1.13.8. Establishment by an act of the executive authorities of the city of Moscow, specified in paragraph 1.16 of these Rules, of the fact of a double violation of the requirements for placement, appearance and content, operation of a non-stationary retail facility established by these Rules.
1.13.9. Availability of an act from the State Inspectorate for Control over the Use of Real Estate Objects of the City of Moscow in relation to the real estate object in which a stationary retail facility is located, confirming the fact of the presence of an illegally placed real estate object and (or) an act confirming the fact of illegal (misuse) use of the land plot (in the absence a court decision that has entered into legal force confirming the existence of an illegally located property and (or) the fact of illegal (mis)use of the land plot).
1.14. If it is necessary to carry out repair, preventive and other work on road transport, engineering infrastructure, other urban infrastructure facilities, reconstruction or repair of buildings, structures, structures, during which the operation of a non-stationary retail facility is impossible, the prefecture of the administrative district of Moscow will not do so on time later than 14 calendar days before the start of the specified work, notifies in writing the business entity carrying out trading activities in a stationary retail facility about the need to dismantle the non-stationary retail facility, indicating the start and end dates of the relevant work in a manner that ensures confirmation of receipt of such notification. If emergency work is necessary, such notification is made immediately.
An economic entity carrying out trading activities in a stationary retail facility is obliged to ensure the possibility of carrying out the relevant work within the time period specified by the prefecture of the administrative district of Moscow.
1.15. Dismantling of a non-stationary retail facility illegally located on land plots owned by the state of the city of Moscow and land plots for which state ownership is not demarcated is carried out in accordance with the Regulations on the interaction of executive authorities of the city of Moscow when organizing work to clear land plots from illegal objects located on them that are not capital construction projects, including the dismantling and (or) relocation of such objects, approved by the Moscow Government.
1.16. Monitoring compliance with the requirements established by the Moscow Government for the appearance and content of non-stationary retail facilities is carried out by the Association of Administrative and Technical Inspections of the City of Moscow.
Monitoring compliance with the requirements established by the Moscow Government for the placement of non-stationary retail facilities is carried out by the State Inspectorate for Control over the Use of Real Estate Objects of the City of Moscow.
Monitoring compliance with the requirements established by the Moscow Government for the operation of non-stationary retail facilities is carried out by the prefectures of the administrative districts of the city of Moscow.

2. Requirements for the placement of non-stationary retail facilities
at stationary retail facilities

2.1. Period of placement of non-stationary retail facilities:
2.1.1. For non-stationary retail facilities specializing in “fruits and vegetables”, “ice cream”, “bread and bakery products", "soft drinks", "kvass" (including on tap), "souvenirs/folk crafts", "books", "flowers" - from May 1 to October 1.
2.1.2. For non-stationary objects with the specialization “Christmas market” - from December 20 to 31.
2.1.3. For non-stationary objects with the specialization “melon fall” - from August 1 to October 1.
2.2. Nomenclature of specializations of non-stationary retail facilities, minimum assortment list and nomenclature additional groups goods in accordance with specialization are approved by order of the Department of Trade and Services of the city of Moscow.
2.3. The placement of non-stationary retail facilities of specializations not specified in paragraph 2.1 of these Rules at stationary retail facilities is not permitted.
In the territories transferred to state cultural institutions of the city of Moscow - parks and gardens of culture and recreation, estates, estate museums, museum-reserves, the Moscow Zoo, the Poklonnaya Gora institution, subordinate to the Moscow Department of Culture, the placement of non-stationary retail facilities of the following specializations is allowed: “flowers”, “souvenirs/folk crafts”, “books”, “ice cream”, “soft drinks”.
2.4. The placement of non-stationary retail facilities is carried out within the boundaries of the location of the non-stationary retail facility, established by the placement scheme.
2.5. The area of ​​the location of a non-stationary retail facility is determined by the project for the location of a non-stationary retail facility, developed by the Committee for Architecture and Urban Planning of the City of Moscow, and cannot exceed 30 square meters. m.
2.6. An economic entity carrying out trading activities in a stationary retail facility performs:
2.6.1. Installation of a non-stationary retail facility - no earlier than the first date of the period specified in paragraph 2.1 of these Rules.
2.6.2. Dismantling of a non-stationary retail facility - no later than the second date of the period specified in paragraph 2.1 of these Rules.
2.7. In the event of termination of the activity of an economic entity in a stationary retail facility, the dismantling of the non-stationary retail facility is carried out no later than one calendar day following the day of termination of the activity of the economic entity.
2.8. When dismantling a non-stationary retail facility, an economic entity carrying out trading activities in a stationary retail facility ensures that the damaged amenities are restored in connection with the placement of this non-stationary retail facility.
2.9. The placement of a non-stationary retail facility is allowed directly adjacent to the building, structure, structure in which the stationary retail facility is located, or on a site separated from such a building, structure, structure at a distance of no more than 5 meters, and only on an asphalt concrete surface (pavement pavement) tiles). In this case, the distance is measured in a straight line from the entrance group of the building, structure, structure in which the stationary retail facility is located, to the nearest border of the location of the non-stationary retail facility, established by the layout diagram.
It is allowed to place a non-stationary retail facility adjacent directly to the display window of a stationary retail facility, if this does not violate the rights of the owners and users of neighboring premises, buildings, structures, structures.
It is allowed to place a non-stationary retail facility in the parking lots of a building, structure, structure in which a stationary retail facility is located (with the exception of city parking lots, parking pockets located within the boundaries of the road network), if the area occupied by the non-stationary retail facility does not exceed 10 percent parking space, and if unimpeded pedestrian traffic and safe operation of a non-stationary retail facility are ensured.
The placement of a non-stationary retail facility is carried out without connection to engineering networks, with the exception of power supply networks.
2.10. The boundaries of the location of a non-stationary retail facility should not violate the rights of owners and users of neighboring premises of buildings, structures, and structures.
2.11. The placement of non-stationary retail facilities is not allowed:
2.11.1. Outside the boundaries established by the layout plan.
2.11.2. In a 50-meter zone from the perimeter of technical structures of the metro.
2.11.3. In a 50-meter zone from the perimeter of station lobbies and entrances (exits) of underground pedestrian crossings of the metro.
2.11.4. In the arches of buildings, flower beds, green areas with formed grass, playgrounds (children's playgrounds, recreation areas, sports grounds, city parking lots).
2.11.5. In areas of stationary retail facilities located above the first floors of non-residential buildings and without a separate entrance.
2.11.6. At stopping points of public urban transport, as well as in a 10-meter zone from the boundaries of landing areas.
2.11.7. On sidewalks and platforms, if the free width of the passage from the extreme elements of a non-stationary retail facility to the edge of the roadway, as well as the boundaries of parking markings for vehicles, structural supports, tree trunks, other free-standing protruding elements, including buildings, structures, structures, does not allow for unobstructed pedestrian traffic in accordance with established requirements, including the requirements of the set of rules SNiP 2.07.01-89* “Urban planning. Planning and development of urban and rural settlements.”
2.11.8. In the security zone of engineering networks, under railway overpasses and road overpasses, as well as in a 10-meter zone from above-ground pedestrian crossings, from entrances (exits) to underground and overground pedestrian crossings (with the exception of metro pedestrian crossings).
2.11.9. On the roofs of residential buildings and their built-in and attached premises.
2.11.10. In parking lots at a building, structure, structure in which a stationary retail facility is located, if the area occupied by a non-stationary retail facility exceeds 10 percent of the parking space.
2.11.11. In parking lots at a building, structure, structure in which a stationary retail facility is located, if the area occupied by a non-stationary retail facility does not exceed 10 percent of the parking space, but unhindered pedestrian traffic and safe operation of the non-stationary retail facility are not ensured.
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ConsultantPlus: note.
The numbering of subparagraphs is given in accordance with the official text of the document.
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2.12.12. Within the visibility triangles of unregulated pedestrian crossings, intersections and junctions of streets and other linear transport facilities.
2.12.13. On unpaved (unsealed) surfaces.
2.12.14. In areas where objects that are not capital construction projects and improvement objects are located (container sites, factory-made inventory objects, container-type objects, modular-type objects and other non-capital objects) that impede the placement of a non-stationary retail facility.
2.12.15. In the event that a non-stationary retail facility creates obstacles during the construction or long-term (more than one year) repair of road transport, engineering infrastructure, reconstruction or repair of buildings, structures, structures, non-residential premises in which the stationary retail facility is located.
2.12.16. In the event of an unresolvable conflict of interest between an economic entity carrying out trading activities in a stationary retail facility and residents (the presence of repeated (two or more) well-founded complaints from residents to government authorities about the functioning of a stationary retail facility).
2.12.17. If the placement of a non-stationary retail facility contradicts the legislation on the protection of facilities cultural heritage(historical and cultural monuments) of the peoples of the Russian Federation.

3. Requirements for the arrangement of non-stationary trading
objects at stationary retail facilities

3.1. When arranging non-stationary retail facilities, temporary structures are used, which include elements of equipment made in accordance with standard architectural and artistic solutions for non-stationary retail facilities.
Placing information structures on external surfaces of a non-stationary retail facility is carried out in accordance with the requirements established by the Moscow Government.
3.2. The arrangement of a non-stationary retail facility is carried out in accordance with the project for the placement of a non-stationary retail facility, taking into account the preservation of the external architectural and artistic appearance of the city of Moscow.
3.3. The project for the placement of a non-stationary retail facility, developed by the Committee for Architecture and Urban Planning of the City of Moscow, provides for:
3.3.1. The type of non-stationary retail facility in accordance with the standard architectural and artistic solution for a non-stationary retail facility.
3.3.2. Specialization of a non-stationary retail facility.
3.3.3. Determining the boundaries and area of ​​the location of a non-stationary retail facility.
3.4. When equipping non-stationary retail facilities, it is not allowed:
3.4.1. Use of bricks, building blocks and slabs, monolithic concrete, reinforced concrete, profiled steel sheets.
3.4.2. Laying underground utilities and carrying out capital construction and installation works.
3.5. It is allowed to place several non-stationary retail facilities with stationary retail facilities located in the same building, structure, structure and owned only by different business entities, while the designs of non-stationary retail facilities must be made in a single architectural and artistic style (single construction materials, interconnected color scheme) in compliance with a single line of placement of the extreme points of the protrusion of the equipment elements of a non-stationary retail facility relative to the horizontal plane of the facade.
3.6. Elements of equipment used for arranging non-stationary retail facilities must be exclusively of industrial manufacture.
3.7. When arranging non-stationary retail facilities, the use of tents is not allowed.
3.8. The height of the equipment elements of a non-stationary retail facility should not exceed the height of the first floor (floor line between the first and second floors) of the building, structure, structure in which the stationary retail facility is located.
3.9. Elements of equipment of non-stationary retail facilities must be kept in technically sound condition and cleaned of dirt and other debris.
It is not allowed to have any mechanical damage on the equipment elements, breaks in the fabrics placed on them, or damage to the integrity of the structures. Metal elements of structures and equipment must be cleaned of rust and painted.
3.10. Elements of equipment used in the arrangement of a non-stationary retail facility with the specialization “Christmas tree market”, “melon stand”, must form an integral object within the boundaries of the site that meets the following requirements:
3.10.1. The height of equipment elements should be determined in accordance with the standard architectural and artistic design of a non-stationary retail facility.
3.10.2. Structures must be installed exclusively on asphalt concrete pavement (pavement slabs) and must be made of rigid sections fastened together with elements that ensure their stability.
Structures should not contain elements that pose a threat to the safety of pedestrian traffic.
3.10.3. The use of blind elements as structures is not allowed.
3.10.4. Structural materials must be strong and wear-resistant.

4. Requirements for the operation of non-stationary trading
objects at stationary retail facilities

4.1. Violation of the period of placement and specialization of non-stationary retail facilities established in accordance with the requirements of paragraphs 2.1, 2.2 of these Rules is not allowed.
4.2. It is not allowed to display goods outside the boundaries of the structural elements of a non-stationary retail facility.

ADMINISTRATIVE REGULATIONS
PROVISION OF PUBLIC SERVICE “INCLUSION OF PLACE”
LOCATION OF A NON-STATIONARY TRADE FACILITY
FOR A STATIONARY TRADE FACILITY IN THE LOCATION SCHEME
NON-STATIONARY TRADE FACILITIES (MAKING CHANGES
IN THE LAYOUT)"

1. General provisions

1.1. This Administrative Regulation for the provision of public services “Inclusion of the location of a non-stationary retail facility at a stationary retail facility in the layout of non-stationary retail facilities (amending the layout)” in the city of Moscow establishes the composition, sequence and timing of administrative procedures (actions) and (or) making decisions on the provision of public services carried out at the request (application) of a legal entity or individual entrepreneur or their representatives (hereinafter referred to as the Regulations).
1.2. Administrative procedures and (or) actions established by these Regulations are carried out using information from the Basic Register of information necessary to provide public services in the city of Moscow (hereinafter referred to as the Basic Register), and in accordance with the Unified requirements for the provision of public services in the city of Moscow, established by the Moscow Government (hereinafter referred to as the Unified Requirements).

2. Standard for the provision of public services

2.1. Name of public service

Inclusion of the location of a non-stationary retail facility at a stationary retail facility in the layout of non-stationary retail facilities (amending the layout) (hereinafter referred to as a public service).

2.2. Legal grounds for provision
public services

The provision of public services is carried out in accordance with Federal Law of December 28, 2009 N 381-FZ “On the fundamentals of state regulation of trade activities in the Russian Federation”.

2.3. Name of the city executive authority
Moscow, providing public services

2.3.1. The powers to provide public services are exercised by the prefecture of the administrative district of the city of Moscow (hereinafter referred to as the executive authority of the city of Moscow providing the public service).
2.3.2. For purposes related to the provision of public services, documents and information obtained in the process of interdepartmental information interaction with:
2.3.2.1. Federal service state registration, cadastre and cartography.
2.3.2.2. Committee for Architecture and Urban Planning of the City of Moscow.
2.3.2.3. Department of Transport and Development of Road Transport Infrastructure of the City of Moscow.
2.3.2.4. Department of Cultural Heritage of the City of Moscow.
2.3.2.5. Department of City Property of the City of Moscow.
2.3.2.6. Department of Natural Resources and Protection environment city ​​of Moscow.
2.3.2.7. Department of Culture of the City of Moscow.

2.4. Applicants

2.4.1. Applicants may be legal entities and individual entrepreneurs who have property rights to a building, structure, structure, or non-residential premises in which a stationary retail facility is located.
2.4.2. The interests of the applicants specified in paragraph 2.4.1 of these Regulations may be represented by other persons authorized by the applicant in the prescribed manner (hereinafter referred to as the authorized representative).

2.5. Documents required to provide
public services

2.5.1. The provision of public services is carried out on the basis of the following documents (information):
2.5.1.1. Documents submitted by the applicant:
2.5.1.1.1. Request (application) for the provision of a public service (hereinafter referred to as the request).
The request is made in accordance with Appendix 1 to these Regulations.
2.5.1.1.2. Passport or other document proving the identity of the applicant or authorized representative.
2.5.1.1.3. A document confirming the powers of the head of a legal entity (order, regulation, protocol general meeting or other supporting document in accordance with constituent documents legal entity) is submitted in a copy upon presentation of the original.
2.5.1.1.4. A power of attorney issued on behalf of a legal entity or individual entrepreneur to perform actions on its behalf (in the case of submission of documents by an authorized representative) is submitted in a copy upon presentation of the original.
2.5.1.1.5. Title documents confirming the applicant’s property rights to the occupied building, structure, structure, non-residential premises in which a stationary retail facility is located (submitted in the absence of information about the rights to the occupied building, structure, structure, non-residential premises in the Unified State Register of Rights to Real Estate and transactions with him).
2.5.1.1.6. The floor plan of a building, structure, structure, non-residential premises in which a stationary retail facility is located, and an explanation of the floor plan are submitted in a copy upon presentation of the original.
2.5.1.1.7. Photographs (color, size 10 x 15 cm) of the existing situation without placing a non-stationary retail facility at a stationary retail facility (hereinafter referred to as the non-stationary retail facility) in the amount of at least 5 photographs.
2.5.1.1.8. Graphic drawing of the proposed boundaries of the location of a non-stationary retail facility in the existing situation (photomontage) indicating the linear dimensions.
2.5.1.2. Documents and information received by an authorized official of the executive authority of the city of Moscow, providing a public service, using interdepartmental information interaction, including through access to information in the Basic Register:
2.5.1.2.1. Extract from the Unified State Register of Legal Entities.
2.5.1.2.2. Extract from the Unified State Register of Individual Entrepreneurs.
2.5.1.2.3. Title documents confirming the applicant’s rights to the building, structure, structure, non-residential premises in which a stationary retail facility is located (if information about the rights to the building, structure, structure, non-residential premises is contained in the Unified State Register of Rights to Real Estate and Transactions with him).
2.5.2. The applicant has the right to submit the documents specified in paragraph 2.5.1.2 of these Regulations on his own initiative.
2.5.3. The list of documents required to provide public services is exhaustive.

2.6. Services necessary and mandatory to provide
public services

There are no services necessary and mandatory for the provision of public services.

2.7. Duration of provision of public services

2.7.1. The total period for the provision of public services includes the period of interdepartmental information interaction government agencies in the process of providing public services and does not exceed 30 working days.
2.7.2. The period for provision of public services begins to be calculated from the first working day following the day of registration of the request.

2.8. Refusal to accept documents required
to provide public services

2.8.1. The grounds for refusal to accept documents necessary for the provision of public services are:
2.8.1.1. The submitted request and other documents necessary for the provision of public services do not comply with the requirements established by legal acts of the Russian Federation, legal acts of the city of Moscow, Uniform Requirements, and these Regulations.
2.8.1.2. Submitted documents have lost their validity if the validity period of the document is indicated in the document itself or determined by law, as well as in other cases provided for by the legislation of the Russian Federation and legal acts of the city of Moscow.
2.8.1.3. An incomplete set of documents required for the provision of public services, provided for in paragraph 2.5.1.1 of these Regulations, is presented.
2.8.1.4. The submitted documents contain unreliable and (or) contradictory information.
2.8.1.5. Submission of a request on behalf of the applicant by an unauthorized person.
2.8.2. The list of grounds for refusal to accept documents necessary for the provision of public services, established by paragraph 2.8.1 of these Regulations, is exhaustive.
2.8.3. A written decision to refuse to accept a request and documents necessary for the provision of a public service is drawn up at the request of the applicant, signed by an authorized official and issued to the applicant indicating the reasons for the refusal no later than three working days from the date of submission of the request.
A written decision to refuse to accept a request and documents necessary for the provision of public services is drawn up in accordance with Appendix 2 to these Regulations.

2.9. Suspension of the provision of public services

There are no grounds for suspending the provision of public services.

2.10. Refusal to provide public services

2.10.1. The grounds for refusal to provide public services are:
2.10.1.1. Submission of a request and other documents necessary for the provision of public services that do not comply with the requirements established by legal acts of the Russian Federation, legal acts of the city of Moscow, Uniform Requirements, these Regulations, if these circumstances were established by the executive authority of the city of Moscow providing the public service in the process processing of documents and information necessary for the provision of public services.
2.10.1.2. Loss of validity of the submitted documents if the specified circumstances were established by the executive authority of the city of Moscow providing the public service in the process of processing the documents (information) necessary for the provision of the public service.
2.10.1.3. The presence of contradictory or unreliable information in the submitted documents, if these circumstances were established by the executive authority of the city of Moscow providing the public service in the process of processing documents and information necessary for the provision of the public service.
2.10.1.4. Conflict of documents or information obtained using interdepartmental information interaction, including the use of information from the Basic Register, with documents or information submitted by the applicant.
2.10.1.5. The applicant lacks property rights to the building, structure, structure, non-residential premises in which the stationary retail facility is located.
2.10.1.6. Non-stationary retail facility does not comply with the requirements established by the Rules for the placement, arrangement and operation of non-stationary retail facilities at a stationary retail facility.
2.10.1.7. Receipt from the applicant to the executive authority of the city of Moscow, which provides a public service, an application for refusal to provide a public service.
An application for refusal to provide a public service may be submitted at any time during the provision of a public service before the approval by an official of the executive authority of the city of Moscow providing the public service, who is responsible for the formation of the result of the provision of the public service, of the draft scheme for the placement of non-stationary retail facilities at stationary retail facilities.
Such a statement shall indicate the address of the stationary retail facility, the full name of the organization and legal form, surname, initials of the manager or other authorized person (for legal entities), surname, initials individual registered as an individual entrepreneur (for individual entrepreneurs), information about the identity document (type of document, series, number, by whom, when issued), power of attorney issued on behalf of a legal entity or individual entrepreneur to perform actions on his behalf (in in case of submission of documents through an authorized representative), it is submitted in a copy upon presentation of the original.
2.10.1.8. Availability of an act in relation to the property in which a stationary retail facility is located, confirming the fact of the presence of an illegally located property and (or) an act confirming the fact of illegal (non-purpose) use of the land plot (in the absence of a court decision that has entered into legal force confirming the presence illegally placed real estate and (or) the fact of illegal (inappropriate) use of the land).
2.10.1.9. Availability of a decision of the council of deputies municipal district on refusal to approve the placement of a non-stationary retail facility with justification for such refusal.
2.10.2. The list of grounds for refusal to provide public services is exhaustive.
2.10.3. The decision to refuse to provide a public service is signed by an authorized official and issued to the applicant indicating the reasons for the refusal no later than one working day following the day such a decision was made.

2.11. The result of providing a public service

2.11.1. The result of providing a public service is:
2.11.1.1. Notification of the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about changes to the layout) with the attachment of a project for the placement of a non-stationary retail facility.
2.11.1.2. Notification of refusal to include the location of a non-stationary retail facility in the layout of non-stationary retail facilities (amendments to the layout).
2.11.2. A document and (or) information confirming the provision of a public service (including refusal to provide a public service) may be:
2.11.2.1 Issued to the applicant personally (to an authorized representative) in the form of a paper document.
2.11.2.2. Sent to the applicant in the form of a paper document by post.
2.11.3. The form and method of obtaining a document and (or) information confirming the provision of a public service (including refusal to provide a public service) are indicated by the applicant in the request.
2.11.4. Information about the final result of the provision of public services is entered into the Basic Register in the following composition:
2.11.4.1. About the applicant (OGRN/OGRNIP, INN).
2.11.4.2. The address of the actual location of the stationary retail facility at which the non-stationary retail facility is located.
2.11.4.3. The area of ​​a stationary retail facility where a non-stationary retail facility is located.
2.11.4.4. The area of ​​the location of a non-stationary retail facility.
2.11.4.5. Layout of non-stationary retail facilities in the administrative districts of Moscow on a scale of 1:10000.
2.11.4.6. A copy of the project for the placement of a non-stationary retail facility.
2.11.5. Entering information about the final result of the provision of a public service into the Basic Register does not deprive the applicant of the right to receive the specified result in the form of a document on paper.

2.12. Fee for the provision of public services

The provision of public services is free of charge.

2.13. Availability and quality indicators
public services

The quality and accessibility of public services are characterized by the following indicators:
— the period for providing public services does not exceed 30 working days;
— waiting time in line when submitting a request is no more than 15 minutes;
— the waiting time in line when receiving the result of a public service is no more than 15 minutes.

2.14. Procedure for informing about provision
public services

Information about the provision of public services is posted on stands in places where public services are provided, on the official websites of executive authorities of the city of Moscow that provide public services, and on the Internet information and telecommunications network.

3. Composition, sequence and deadlines
administrative procedures, order requirements
their implementation

3.1. The provision of public services includes the following administrative procedures:
3.1.1. Reception (receipt) and registration of requests and other documents necessary for the provision of public services.
3.1.2. Processing of documents (information) necessary for the provision of public services.
3.1.3. Formation of the result of the provision of a public service with the entry of information about the final result of the provision of a public service into the Basic Register.
3.1.4. Issuance (sending) to the applicant of documents and (or) information confirming the provision of public services (including refusal to provide public services).
3.2. Reception (receipt) and registration of requests and other documents necessary for the provision of public services:
3.2.1. The basis for starting the administrative procedure is the receipt from the applicant of a request and other documents necessary for the provision of public services.
3.2.2. The official responsible for the implementation of the administrative procedure is the official of the executive authority of the city of Moscow, providing a public service, responsible for receiving documents (hereinafter referred to as the official responsible for receiving documents).
3.2.3. Official responsible for receiving documents:
3.2.3.1. Receives and registers requests and other documents necessary for the provision of public services in accordance with the Unified Requirements.
3.2.3.2. If there are grounds specified in paragraph 2.8.1 of these Regulations, it issues (sends) to the applicant a refusal to accept documents necessary for the provision of public services.
3.2.3.3. No later than one working day following the day of registration of the request and documents necessary for the provision of public services, transfers the specified request and documents to the official of the executive authority of the city of Moscow providing the public service, responsible for processing the documents.
3.2.4. The maximum period for completing an administrative procedure is one business day.
3.2.5. The result of the administrative procedure is:
3.2.5.1. Registration of the request and other documents necessary for the provision of public services, and their transfer to the official of the executive authority of the city of Moscow, providing the public service, responsible for processing the documents.
3.2.5.2. Refusal to accept documents necessary for the provision of public services.
3.3. Processing of documents (information) necessary for the provision of public services:
3.3.1. The basis for starting the administrative procedure is the receipt by the official responsible for the implementation of the administrative procedure from the official responsible for receiving documents accepted from the applicant.
3.3.2. The official responsible for the implementation of the administrative procedure is the official of the executive authority of the city of Moscow, providing a public service, responsible for processing documents (hereinafter referred to as the official responsible for processing documents).
3.3.3. The official responsible for processing documents, within one working day following the day of receipt from the official responsible for receiving documents:
3.3.3.1. Analyzes the request and documents submitted by the applicant necessary for the provision of public services.
3.3.3.2. If there are grounds specified in paragraph 2.10.1 of these Regulations, it prepares a draft decision on refusal to provide a public service.
3.3.3.3. Requests documents and information necessary for the provision of public services and to be obtained using interdepartmental information interaction, including by accessing the information of the Basic Register.
3.3.3.4. Sends for approval to the councils of deputies of municipal districts:
3.3.3.4.1. An application containing an indication of the location of the non-stationary retail facility and its estimated area.
3.3.3.4.2. Photomontage (graphic drawing of the proposed boundaries for the placement of non-stationary retail facilities in the existing situation) indicating linear dimensions.
3.3.3.5. Sends to the Committee on Architecture and Urban Planning of the City of Moscow:
3.3.3.5.1. An application containing the address and specialization of a non-stationary retail facility.
3.3.3.5.2. Copies of the documents specified in paragraphs 2.5.1.1, 2.5.1.2 of these Regulations.
3.3.4. The period for approval of the location of a non-stationary retail facility by the council of deputies of the municipal district is no more than 15 working days from the date of receipt of the documents specified in paragraph 3.3.3.4 of these Regulations by the council of deputies of the municipal district.
3.3.5. The placement of a non-stationary retail facility is considered approved if more than half of the established number of the council of deputies of the municipal district voted for the decision to approve its location as a result of an open vote, or if within 15 working days from the date of receipt of the documents specified in paragraph 3.3.3.4 of this Regulations, to the council of deputies of the municipal district:
3.3.5.1. Not a single meeting of the council of deputies of the municipal district was held.
3.3.5.2. The issue of approval is not included in the agenda of the meeting of the council of deputies of the municipal district.
3.3.5.3. The issue of approval was included in the agenda of the meeting of the council of deputies of the municipal district, but was not considered at the meeting of the council of deputies of the municipal district.
3.3.6. The Council of Deputies of a municipal district refuses to approve the location of a non-stationary retail facility in the event of a violation of the interests of residents during the placement of a non-stationary retail facility.
3.3.7. The decision of the council of deputies of the municipal district on approval or refusal to approve the location of a non-stationary retail facility is sent to the executive authority of the city of Moscow providing the public service no later than three working days from the date of its adoption.
3.3.8. The Committee for Architecture and Urban Planning of the City of Moscow, no later than 10 working days from the date of receipt of the application and documents specified in paragraph 3.3.3.5 of these Regulations, organizes the development of a project for the placement of a non-stationary retail facility (hereinafter referred to as the project for the placement of a non-stationary retail facility) or sends a conclusion on refusal to develop a project for the placement of a non-stationary retail facility due to the presence of the grounds specified in paragraph 2.10.1.6 of these Regulations and an indication of non-compliance with the established requirements for the placement and arrangement of non-stationary retail facilities.
3.3.9. The project for placing a non-stationary retail facility includes:
3.3.9.1. Explanatory note.
3.3.9.2. Situational plan of the site, made in M ​​1:2000.
3.3.9.3. General plan of the site, made on an engineering topographical plan in M ​​1:500.
3.3.9.4. Photo recording materials.
3.3.9.5. Specialization of a non-stationary retail facility.
3.3.9.6. Determining the boundaries and area of ​​the location of a non-stationary retail facility.
3.3.9.7. Information about the type of non-stationary retail facility in accordance with the standard architectural and artistic solution for a non-stationary retail facility.
3.3.9.8. Section on ensuring the safety of a cultural heritage object, an identified cultural heritage object (in the case of placing a non-stationary retail facility within the boundaries of the territories of cultural heritage objects, identified cultural heritage objects and protection zones of cultural heritage objects).
3.3.10. The official responsible for processing documents, no later than one working day following the day of receipt of the project for the placement of a non-stationary retail facility from the Committee for Architecture and Urban Planning of the City of Moscow:
3.3.10.1. Places on the Internet information and telecommunications network a draft layout for the placement of a non-stationary retail facility, including information about the type of non-stationary retail facility, specialization, address guidelines, size of the area of ​​the location, period of placement and a project for the placement of a non-stationary retail facility, for a period of at least 10 working days to send comments and suggestions from citizens and organizations.
3.3.10.2. Sends the draft layout of a non-stationary retail facility with the attachment of the document specified in paragraph 2.5.1.1.7 of these Regulations for approval to:
3.3.10.2.1. Department of Transport and Development of Road Transport Infrastructure of the City of Moscow.
3.3.10.2.2. Department of Cultural Heritage of the City of Moscow in case of placement of a non-stationary retail facility within the boundaries of the territories of cultural heritage sites, identified cultural heritage sites and protection zones of cultural heritage sites.
3.3.10.2.3. Department of Natural Resources Management and Environmental Protection of the City of Moscow in the case of placing a non-stationary retail facility within the boundaries of specially protected natural areas.
3.3.10.2.4. Department of Culture of the City of Moscow in case of placement of a non-stationary retail facility in the territories of parks and gardens of culture and recreation, estates, estate museums, museum-reserves, in the Moscow Zoo, cultural institution of the city of Moscow "Poklonnaya Gora", subordinate to the Department of Culture of the City of Moscow.
3.3.10.2.5. Department of City Property of the City of Moscow.
3.3.11. The executive authorities of the city of Moscow, specified in clause 3.3.10.2 of these Regulations, approve the draft layout of a non-stationary retail facility in accordance with the submitted documents or send a refusal of approval due to the presence of the grounds specified in clause 2.10.1.6 of these Regulations and an indication of the inconsistency established requirements for the placement and arrangement of non-stationary retail facilities.
The period for approval by the executive authorities of the city of Moscow of the draft layout of a non-stationary retail facility is no more than 10 working days.
In case of failure to provide information on approval (refusal of approval) within the specified time frame, the placement of a non-stationary retail facility is considered agreed upon by default.
3.3.12. After receiving all approvals (refusal of approval) required in accordance with these Regulations, or the refusal of the Committee on Architecture and Urban Planning of the City of Moscow to develop a project for the placement of a non-stationary retail facility, the deadline for sending comments and suggestions specified in paragraph 3.3.5.1 of these Regulations has expired , the official responsible for processing documents, no later than one working day following the day of receipt of the specified documents:
3.3.12.1. In the event of a refusal by the Committee on Architecture and Urban Planning of the city of Moscow to develop a project for the placement of a non-stationary retail facility, it shall forward the said refusal, as well as the documents specified in clauses 2.5.1.1, 3.3.12.2.4 of these Regulations, for consideration by the Interdepartmental Commission on Consumer Market Issues under the Moscow Government .
3.3.12.2. If the project for the placement of a non-stationary retail facility is approved, it submits for consideration to the Interdepartmental Commission on Consumer Market Issues under the Moscow Government:
3.3.12.2.1. Project layout for a non-stationary retail facility.
3.3.12.2.2. Comments and suggestions from citizens and organizations received as a result of posting a draft layout of a non-stationary retail facility (amending the layout) on the Internet information and telecommunications network.
3.3.12.2.3. Approval of a draft layout of a non-stationary retail facility by the executive authorities of the city of Moscow, a decision of the council of deputies on approval of the location of a non-stationary retail facility, refusals to approve a draft layout of a non-stationary retail facility by the executive authorities of the city of Moscow.
3.3.12.2.4. Presentation materials designed in accordance with the requirements established by the Department of Trade and Services of the City of Moscow.
3.3.13. The Interdepartmental Commission on Consumer Market Issues under the Moscow Government, no later than 5 working days from the date of receipt of the documents and materials specified in paragraph 3.3.12 of these Regulations, reviews the received documents and materials and decides to include the location of a non-stationary retail facility in a stationary retail outlet. object in the layout of non-stationary retail facilities (on making changes to the layout) or, if there are grounds specified in paragraph 2.10.1 of these Regulations, a decision to refuse to include the location of a non-stationary retail facility at a stationary retail facility in the layout of non-stationary retail facilities ( on changes to the layout).
3.3.14. Official responsible for document processing:
3.3.14.1. On the day the Interdepartmental Commission on Consumer Market Issues under the Moscow Government makes a decision to include the location of a non-stationary retail facility at a stationary retail facility in the layout of non-stationary retail facilities (on making changes to the layout), prepares a draft legal act on approval of the layout of non-stationary retail facilities ( amendments to the layout) and a draft notification on the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout) in the form in accordance with Appendices 3, 4 to these Regulations.
3.3.14.2. On the day the Interdepartmental Commission on Consumer Market Issues under the Moscow Government makes a decision to refuse to include the location of a non-stationary retail facility at a stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout), prepares a draft notice of refusal to include the location of a non-stationary retail facility of a retail facility in the layout of non-stationary retail facilities (on amendments to the layout) in the form in accordance with Appendix 5 to these Regulations.
3.3.14.3. On the day of receipt of the decision of the council of deputies of the municipal district on refusal to approve the location of a non-stationary retail facility, prepares a draft notice of refusal to include the location of a non-stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout) in the form according to Appendix 5 to to these Regulations.
3.3.15. The maximum period for completing the administrative procedure is 28 working days.
3.3.16. The result of the administrative procedure is a draft legal act on approval of the layout of non-stationary retail facilities (amending the layout), a draft notification on the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout) or a draft notification of refusal in the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout).
3.4. Formation of the result of the provision of a public service with the entry of information about the final result of the provision of a public service into the Basic Register:
3.4.1. The basis for starting the administrative procedure is the receipt by an official of the executive authority of the city of Moscow, providing a public service, carrying out the formation of the result of the provision of a public service, a draft legal act on approval of the layout of non-stationary retail facilities (amending the layout), a draft notification on the inclusion of the location a non-stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout) or a draft notification of refusal to include the location of a non-stationary retail facility in the layout of non-stationary retail facilities.
3.4.2. The official responsible for the implementation of the administrative procedure is an official of the executive authority of the city of Moscow, providing a public service, who generates the result of the provision of the public service (hereinafter referred to as the official responsible for the formation of the result of the provision of the public service).
3.4.3. The official responsible for the formation of the result of the provision of public services:
3.4.3.1. Adopts a legal act on approval of the layout of non-stationary retail facilities, a legal act on amendments to the layout of non-stationary retail facilities.
3.4.3.2. Signs a draft notice on the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout) or a draft notification on the refusal to include the location of a non-stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout) .
3.4.3.3. Transmits a notice of inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about changes to the layout) or a notification of refusal to include the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about changes to the layout) to an official , responsible for issuing the final result of the provision of public services to the applicant.
3.4.3.4. Ensures that the final result of the provision of public services is included in the information of the Basic Register in the composition specified in paragraph 2.11.4 of these Regulations.
3.4.3.5. If the location of a non-stationary retail facility is included in the layout of non-stationary retail facilities (changes are made to the layout), ensures that information is entered into the Consumer Market Information Support System (EGAS SIOPR).
3.4.4. The maximum period for completing an administrative procedure does not exceed one working day.
3.4.5. The result of the administrative procedure is:
3.4.5.1. A legal act on approval of the layout of non-stationary retail facilities (on amendments to the layout) and a notification on the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout) or a notice of refusal to include the location of a non-stationary retail facility object in the layout of non-stationary retail facilities (on amendments to the layout).
3.4.5.2. Entering information about the final result of the provision of public services into the information in the Basic Register.
3.5. Issuance (sending) to the applicant of documents and (or) information confirming the provision of public services (including refusal to provide public services):
3.5.1. The basis for starting the administrative procedure is the receipt by an official of the executive authority of the city of Moscow, providing a public service, responsible for issuing to the applicant the final result of the provision of a public service, notification of the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about amendments to the location scheme ) or on refusal to include the location of a non-stationary retail facility in the layout of non-stationary retail facilities (on amendments to the layout).
3.5.2. The official responsible for carrying out the administrative procedure is an official of the executive authority of the city of Moscow providing a public service, responsible for issuing to the applicant the final result of the provision of the public service (hereinafter referred to as the official responsible for issuing the final result of the provision of the public service to the applicant).
3.5.3. The official responsible for issuing the final result of the provision of public services to the applicant:
3.5.3.1. Ensures the issuance (sending) to the applicant of a notification about the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about amendments to the layout) or about the refusal to include the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about amendments to the layout placement).
3.5.3.2. Carries out the actions provided for by the Uniform Requirements in the event that the applicant does not receive a notification about the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about amendments to the layout) or about the refusal to include the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about making changes to the layout).
3.5.4. The maximum period for completing an administrative procedure does not exceed one working day.
3.5.5. The result of the administrative procedure is a notification issued (sent) to the applicant about the inclusion of the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about making changes to the layout) or about the refusal to include the location of a non-stationary retail facility in the layout of non-stationary retail facilities (about making changes to the layout).

4. Forms of control over the implementation of these Regulations

4.1. Control over the implementation of these Regulations is carried out by the executive authority providing the public service and the Main Control Department of the city of Moscow in the forms established by the Moscow Government.
4.2. Current control over compliance and execution by officials of the prefecture of the administrative district of the city of Moscow with the provisions of these Regulations and other legal acts establishing requirements for the provision of public services, as well as their decision-making, is carried out by the prefect of the administrative district of the city of Moscow and officials authorized by him.
4.3. The list of officials exercising current control is established by a legal act of the prefecture of the administrative district of the city of Moscow.

5. Pre-trial (out-of-court) procedure for appealing decisions
and actions (inaction) of the prefecture of the administrative district
the city of Moscow and its officials

5.1. The applicant has the right to file a pre-trial (out-of-court) complaint against the decision and (or) action (inaction) of the prefecture of the administrative district of Moscow and its officials in the provision of public services.
5.2. The filing and consideration of complaints is carried out in the manner established by Chapter 2.1 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services", Regulations on the specifics of filing and consideration of complaints about violations of the procedure for the provision of public services in the city of Moscow, approved by Decree of the Moscow Government of November 15, 2011 N 546-PP "On the provision of state and municipal services in the city of Moscow", these Regulations.
5.3. Applicants may file complaints in the following cases:
5.3.1. Violation of the deadline for registering a request and other documents necessary for the provision of public services, as well as the procedure for processing and issuing a receipt for receipt of a request and other documents (information) from the applicant.
5.3.2. Requirements from the applicant:
5.3.2.1. Documents, the submission of which by the applicant for the provision of public services is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow, including documents obtained using interdepartmental information interaction.
5.3.2.2. Applications for the provision of services not included in the list of services approved by the Moscow Government that are necessary and mandatory for the provision of public services.
5.3.2.3. Payment of fees for the provision of public services not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
5.3.3. Violations of the deadline for the provision of public services.
5.3.4. Refusal to the applicant:
5.3.4.1. In accepting documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
5.3.4.2. In the provision of public services on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
5.3.4.3. In correcting typos and errors in documents issued as a result of the provision of public services, or in case of violation of the established deadline for correcting such typos and errors.
5.3.5. Other violations of the procedure for providing public services established by regulatory legal acts of the Russian Federation and the city of Moscow.
5.4. Complaints about decisions and (or) actions (inaction) of officials, civil servants of the prefectures of the administrative districts of the city of Moscow are considered by the prefects of the administrative districts of the city of Moscow.
Complaints against decisions and (or) actions (inaction) of the prefect of the administrative district of the city of Moscow, including decisions made by him or his deputy on complaints received in a pre-trial (extrajudicial) manner, are considered by the Main Control Directorate of the city of Moscow.
5.5. Complaints can be submitted in writing on paper or electronically in one of the following ways:
5.5.1. Upon personal application by the applicant (authorized representative).
5.5.2. By post.
5.5.3. Using the official website of the prefecture of the administrative district of Moscow on the Internet information and telecommunications network.
5.6. The complaint must contain:
5.6.1. The name of the government body authorized to consider the complaint or the position and (or) surname, first name and patronymic (if any) of the relevant official to whom the complaint is sent.
5.6.2. The name of the executive authority of the city of Moscow or the position and (or) surname, first name, patronymic (if any) of the official, state civil servant of the city of Moscow, whose decisions and actions (inaction) are being appealed.
5.6.3. Last name, first name, patronymic (if available), information about the place of residence of the applicant - an individual entrepreneur or name, information about the location of the applicant - a legal entity, as well as contact telephone number(s), email address(es) (if available) and postal address to which the response should be sent to the applicant.
5.6.4. The date of submission and registration number of the request for the provision of a public service (except for cases of appealing the refusal to accept the request and its registration).
5.6.5. Information about decisions and actions (inactions) that are the subject of appeal.
5.6.6. Arguments on the basis of which the applicant does not agree with the appealed decisions and actions (inactions). The applicant may submit documents (if any) confirming the applicant’s arguments, or copies thereof.
5.6.7. Applicant's requirements.
5.6.8. List of documents attached to the complaint (if any).
5.6.9. Date of filing the complaint.
5.7. The complaint must be signed by the complainant (his authorized representative). If a complaint is filed in person, the applicant (authorized representative) must provide an identification document.
The authority of the authorized representative to sign the complaint must be confirmed by a power of attorney issued in accordance with the law.
The powers of a person acting on behalf of a legal entity without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as the constituent documents of the applicant - a legal entity.
The status and powers of legal representatives of an individual are confirmed by documents provided for by federal laws.
5.8. A received complaint must be registered no later than one business day following the day it was received.
5.9. The maximum period for consideration of a complaint is 15 working days from the date of its registration. The period for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:
5.9.1. Refusal to accept documents.
5.9.2. Refusal to correct typos and errors made in documents issued as a result of the provision of public services.
5.9.3. Violations of the deadline for correcting typos and errors.
5.10. Based on the results of consideration of the complaint, a decision is made to satisfy it (in whole or in part) or to refuse satisfaction.
5.11. The solution must contain:
5.11.1. The name of the government body that considered the complaint, position, surname, first name, patronymic (if any) of the official who made the decision on the complaint.
5.11.2. Details of the decision (number, date, place of adoption).
5.11.3. Last name, first name, patronymic (if available), information about the place of residence of the applicant - an individual entrepreneur or name, information about the location of the applicant - a legal entity.
5.11.4. Last name, first name, patronymic (if any), information about the place of residence of the authorized representative who filed the complaint on behalf of the applicant.
5.11.5. Method of filing and date of registration of the complaint, its registration number.
5.11.6. Subject of the complaint (information about the decisions, actions, or inactions being appealed).
5.11.7. The circumstances established during the consideration of the complaint and the evidence confirming them.
5.11.8. Legal grounds for making a decision on a complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.
5.11.9. The decision taken on the complaint (conclusion on the satisfaction of the complaint or refusal to satisfy it).
5.11.10. Measures to eliminate identified violations and deadlines for their implementation (if the complaint is satisfied).
5.11.11. Procedure for appealing a decision.
5.11.12. Signature of the authorized official.
5.12. The decision is made in writing using official forms.
5.13. The measures to eliminate the identified violations specified in the decision include:
5.13.1. Cancel earlier decisions made(in whole or in part).
5.13.2. Ensuring the acceptance and registration of the request, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and their registration).
5.13.3. Ensuring registration and delivery to the applicant of the result of the provision of a public service (in case of evasion or unreasonable refusal to provide a public service).
5.13.4. Correction of typos and errors made in documents issued as a result of the provision of public services.
5.13.5. Return to the applicant cash, the collection of which is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
5.14. The public authority authorized to consider the complaint refuses to satisfy it in the following cases:
5.14.1. Recognition of the appealed decisions and actions (inactions) as legal and not violating the rights and freedoms of the applicant.
5.14.2. Filing a complaint by a person whose powers have not been confirmed in the manner established by regulatory legal acts of the Russian Federation and the city of Moscow.
5.14.3. The applicant does not have the right to receive public services.
5.14.4. Availability:
5.14.4.1. A court decision on the applicant’s complaint with identical subject matter and grounds that has entered into legal force.
5.14.4.2. Decisions on a complaint made earlier in a pre-trial (out-of-court) manner in relation to the same applicant and on the same subject of the complaint (except for cases of appealing against previously made decisions to a higher government body).
5.15. The complaint must be left unanswered on its merits in the following cases:
5.15.1. The presence in the complaint of obscene or offensive language, threats to the life, health and property of officials, as well as members of their families.
5.15.2. If the text of the complaint (part of it), last name, postal address and email address are not readable.
5.15.3. If the complaint does not indicate the name of the applicant (authorized representative) or the postal address and email address to which the response should be sent.
5.15.4. If the government body authorized to consider the complaint received a request from the applicant (authorized representative) to withdraw the complaint before a decision on the complaint is made.
5.16. Decisions to satisfy the complaint or to refuse to satisfy it are sent to the applicant (authorized representative) no later than one business day following the day of their adoption, to the postal address specified in the complaint. At the request of the applicant, the decision is also sent to the email address specified in the complaint (in the form electronic document, signed with the electronic signature of an authorized official). In the same manner, the applicant (authorized representative) is sent a decision on the complaint, in which only an email address is indicated for the response, and the postal address is missing or unreadable.
5.17. If the complaint is left unanswered on the merits, the applicant (authorized representative) is sent, no later than one business day following the day of registration of the complaint, a written motivated notification indicating the grounds (except for cases where the postal address and e-mail address are not indicated in the complaint for an answer or they are unreadable). The notice is sent in the manner established for sending a decision on a complaint.
5.18. A complaint filed in violation of the rules on competence established by paragraph 5.4 of these Regulations is sent no later than one working day following the day of its registration to the government body authorized to consider the complaint, with simultaneous written notification to the applicant (authorized representative) about forwarding the complaint (except for cases where the complaint does not indicate the postal address and email address for response or they are not legible). The notice is sent in the manner established for sending a decision on a complaint.
5.19. Filing a complaint in a pre-trial (out-of-court) manner does not exclude the right of the applicant (authorized representative) to simultaneously or subsequently file a complaint in court.
5.20. Informing applicants about the judicial and pre-trial (extrajudicial) procedure for appealing decisions and actions (inactions) committed in the provision of public services should be carried out by:
5.20.1. Placing relevant information on information stands or other sources of information in places where public services are provided.
5.20.2. Consulting applicants, including by telephone, email, and in person.
5.21. If, during or as a result of consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider the complaint immediately forwards the available materials to the prosecutor's office.
If violations of the procedure for the provision of public services are identified, the responsibility for which is established by the Moscow Code of Administrative Offenses, the official with the authority to consider the complaint must also send copies of the available materials on the complaint to the Main Control Department of the City of Moscow no later than two working days following the day the decision on the complaint was made (but no later than one business day following the day of expiration of the period established by federal legislation for consideration of complaints about violations of the procedure for the provision of public services).

Appendices 1-5
to the Administrative Regulations
provision of state
services “Inclusion of placement
non-stationary retail facility
at a stationary retail facility
into the layout of non-stationary
retail facilities (entering
changes to the layout)"

see ATP “Consultant Plus”

Trade cannot be spontaneous. Its procedure is specified by state legislative acts. Federal Law No. 381 dated December 28, 2009 gave the basic definitions of trading activities and outlined the rules for legal regulation of the trade sector. This law established the need to create a general procedure for placing points of sale.

Basic provisions of 381-FZ

The law, adopted in 2009, regulates the activities of the trade sector, establishes requirements for legal entities and individual entrepreneurs, and ensures that their interests are respected. The law delineates the competencies of government bodies of the Russian Federation and municipalities in managing the trade sector.

The Federal Law established basic definitions relating to trading activities. Currently, entrepreneurial activity for the acquisition and sale of trade items is called trading. The law also distinguishes between the categories of wholesale and retail trade (Article 2).

The law establishes the need to regulate the placement of shops and stalls within the city and region. An object of trade must be considered a structure or part of it where specialized equipment is installed for selling goods and providing services to citizens. They are divided into stationary and non-stationary.

Installing and moving stationary items requires significant effort and does not go unnoticed. The initiation of non-stationary trade objects often occurs in circumvention of legal permission. These are the so-called spontaneous points. To avoid problems with the law, the right to locate a retail facility must be officially obtained.

Stationary retail facilities

According to 381-FZ, any structure that has a foundation on the ground and has a connection to the technical support network can be accepted as a stationary retail facility. It can be owned by the entrepreneur or used under a lease agreement signed for a minimum of 12 months.

Many people often ask what summer trading platforms or a cafe. According to 381-FZ, a stationary retail facility can have an attached part in the form of a summer area and be connected to it by a single communications network. In accordance with this, separate documents for such part are not drawn up. Sales of trade products are carried out under the main license without assessing whether they belong to non-stationary retail outlets.

Legal entities and private entrepreneurs, especially in the field of alcohol sales, must correctly understand whether a point is a stationary one. According to the Federal Law, a stationary retail facility must contain the following list of general features:

• be an independent building or part of it;
• its foundation must be firmly connected to the ground;
• it cannot be moved without disrupting its integrity or purpose;
• the point of sale has a technological connection to the utility network;
• the building is registered in the Unified Register of Real Estate Rights;
• the retail facility is not indicated in the municipal location plan;
• the construction should not be temporary.

Stationary points have signs real estate. They should be registered with Rosreestr.

How to place a non-stationary point

Before completing documentation, you should determine the type of object. An individual entrepreneur must understand what a non-stationary point of sale is and how it should be formalized.

Non-stationary retail facilities are used for retail trade. It is possible to move a kiosk or tent without compromising its integrity and causing a significant interruption in trading activities. These are temporary structures without attachment to the ground. The presence of attachment to engineering and technical support, general networks does not affect the definition of the type.

Federal Law No. 381 (Article 10) provides instructions on the procedure for placing non-stationary retail facilities.

1. Each municipal entity must develop its own plan for the distribution of retail outlets. The layout of non-stationary retail facilities takes into account the provision of residents with optimal trade load and the possibility of its improvement.
2. The government of the Russian Federation sets the rules for entering objects into the scheme.
3. Local governments develop and approve schemes.
4. A mandatory requirement for the scheme is that medium and small businesses must be able to locate their points of sale at the rate of 60% of total number non-stationary objects.
5. According to the principles of accessibility and publicity, the diagram should be posted on the website of the municipal authority or made available for public viewing on the Internet.
6. Revision of the scheme should not become a reason for approving changes in relation to already functioning non-stationary points.
7. When placing non-stationary points at a stationary object, the rules are set by the owner of the land plot or building. He is obliged to take into account the requirements specified by the legislative acts of the Russian Federation.

Depending on the individual conditions of each municipal entity, the placement procedure may have its own nuances.

Placement order

To obtain the right to locate a non-stationary retail facility, it is necessary to draw up an appropriate agreement. To do this, the citizen participates in the auction. After the auction, a representative of the city administration enters into an agreement with an individual entrepreneur or legal entity. The agreement applies for a maximum period of 5 years. However, it should be remembered that the contract with a representative of portable trade is signed for 1 year.

The document states important conditions, among them is the need to pay a fee for establishing a non-stationary object. The fee for this type of trade facility does not cover its area. Payment is made from the moment the contract is signed. The funds are transferred to the city budget.

The procedure for obtaining placement rights provides for the provision of benefits to some representatives of small and medium-sized businesses. If a non-stationary retail facility has already been installed at the specified location before the auction is scheduled, its owner is exempt from the need to register for the auction. The remaining representatives are required to take part in the auction.

Before the end of the contract period, an application for extension of the term must be drawn up. It is important to do this at least 30 days before the end of the contract.

The application for participation is submitted on behalf of the individual entrepreneur or legal entity. Participation in the procedure by a legal representative is possible only with a power of attorney. In addition, applications are accepted on the municipality website or at the MFC. Sending by registered mail or email is also possible.

An application for the right of placement requires preliminary preparation of documents. The list of papers may change in accordance with local regulations. The general list includes:

• statement from the participant or his representative;
• a document confirming the fact of state registration of a legal entity or individual entrepreneur;
• organization charter;
• documentation on assignment of TIN and tax registration;
• documentation of the absence of debts to the budget;
• a list of hired workers and information about their medical examination.

Documents must be drawn up in accordance with the regulations established in the constituent entity of the Russian Federation.

A contract for the placement of a non-stationary retail facility requires careful preparation. If an applicant has some questions regarding the rules for submitting an application or participating in an auction, you should contact an experienced specialist. The best way to get information - write to a site expert. He will consider the current situation and present an individual solution to the problem.

Trade permitimplies that the activities for the sale of goods are coordinated with government authorities. But here's to receiving this permission not always necessary. When is it needed and where to go for it - that’s what the article will discuss.

Notice of commencement of activity

To start your own business in the trading sector, it is not always necessary to obtain a trade permit from the state. Only certain types of activities are subject to licensing, and they are specified in the law. But in some cases it is still necessary to notify the relevant government agency about your opening. This requirement is set forth in the Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Supervision” dated December 26, 2008 No. 294-FZ.

This regulatory act contains a list of types of activities to which the notification procedure in trade applies. But there is also a decree of the Government of the Russian Federation “On the notification procedure for the start of certain types of entrepreneurial activity» dated July 16, 2009 No. 584, where the list of activities is specified in more detail. In the end it looks like this:

Persons who decide to conduct one of these types of activities do not need to obtain a trade permit, but simply notify the relevant government agency.

Procedure for submitting notification

The procedure by which a notification is submitted to the authorized body is recorded in Decree of the Government of the Russian Federation No. 584. According to it, the applicant needs to provide 2 completed copies of the notification to the authorized body. Such a body in Moscow is the city district government or the prefecture of the administrative district, it all depends on where the applicant is registered. The form of notification is given in the same resolution.

Download permission form

The notification can be submitted in person, sent by mail or via the Internet in the form of an electronic document.

Two copies are submitted in order to immediately return one to the applicant with a mark of delivery. When submitting an electronic document, the applicant is sent confirmation of delivery also in electronic form.

The notification itself contains the following information:

• name of the legal entity or full name of the entrepreneur;
• OGRN;
• legal address and actual address of the trading facility;
• type of activity and list of works and services within a separate type activities.

Please note: you do not need to attach any documents to the notification. This procedure is much easier than obtaining a trade permit.

All information from the notification serves to form the Trade Register, which is maintained in accordance with Order of the Ministry of Industry and Trade dated June 16, 2010 No. 602.

What awaits a seller who fails to submit a notice?

Everyone has long understood that the lack of a trade permit (if it is mandatory) entails the imposition of fines. But the notification procedure is not taken so seriously, although there is also responsibility here.

The Code of Administrative Offenses of the Russian Federation considers violation of the rules of notification of the start of activities to be a misdemeanor. And responsibility is spelled out in Art. 19.7.5-1. There are two options here:

• The merchant did not submit a notification at all, which threatens him with a fine of 10,000 to 20,000 rubles.
• The notification was submitted, but contained inaccurate information. Here they can already be fined 20,000-30,000 rubles.

To avoid problems and unnecessary expenses, you should follow established order start of activity.

Permission to open a non-stationary retail facility

Download permission form

A non-stationary trade object is an object that is not firmly anchored to the ground, for example a kiosk or a vending machine. And such objects are placed only in designated areas approved by a specially developed layout scheme. Each of the objects must comply with standard architectural solutions.

The Moscow Department of Trade and Services is responsible for the placement of non-stationary objects in Moscow, when it comes to their location on state-owned land.

To start trading in such a non-stationary facility, you do not need to obtain a trade permit; it requires concluding an agreement to carry out trading activities or to locate a non-stationary trade facility. Such an agreement will be concluded with the winner of the auction, since the rules of competitive selection of the seller apply here.

To participate in the auction, a legal entity or individual entrepreneur must submit an application, the form of which is established by the auction organizer, and at the same time have in his account the money necessary to pay the deposit for participation in the auction.

License to sell alcohol

If you intend to sell alcohol in the course of trading activities, you will have to obtain an appropriate license, since retail alcohol-containing products require a special trade permit. This formulation of the question corresponds to the norms of the law “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” dated November 22, 1995 No. 171-FZ.

To obtain a license to sell alcohol at retail in Moscow, you need to apply to the Department of Trade and Services of this city. The application itself is filled out in the prescribed form, and the following is attached to it:

• Constituent documents. If there are no notarized copies, then you can submit simple copies, but have the originals with you.
• Receipt for payment of state duty.
• Documents from which it is clear that authorized capital company at least 1,000,000 rubles.

The following documents can be obtained by the department independently within the framework of an interdepartmental facility, and only when this is not possible should they be brought by the applicant:

• Certificate of state registration of a legal entity.
• A document confirming tax registration.
• Documents from which it could be determined that the applicant has the rights to premises for opening retail facilities and for storing alcoholic beverages.

A permit to sell alcoholic beverages is issued on a paid basis, so a license for a period of one year costs 65,000 rubles.

Permission to organize a retail market

Download permission form

Another form of trading can be called the organization of a retail market, which is regulated by the law “On retail markets and on amendments to the Labor Code of the Russian Federation” dated December 30, 2006 No. 271-FZ. According to this regulatory act, you can obtain permission to organize a market by submitting an application that must indicate:

• The name of the legal entity, its address and the location of the facility where the market is planned to be located.
• Applicant's Taxpayer Identification Number.
• Type of organized market.

The list of attached documents consists of the following items:

• Constituent documents.
• Extract from the Unified State Register of Legal Entities.
• A document confirming the existence of the right to the object where the market will be located.

If the proposed location of the market meets the market organization plan and the applicant has fulfilled all the requirements for completing and submitting the appropriate application, then he has every chance of obtaining a trading permit.

A trade permit is required only in certain cases, for example, when you plan to sell alcohol. For the most part, entrepreneurs are only required to notify the relevant government agency about the start of their activities. But do not forget that if you do not need to obtain a permit to trade, then it will not be controlled. The authorized bodies are developing an inspection plan to check whether the requirements for the organization and conduct of trade are being complied with.