Obtaining permission and placement of non-stationary objects for trade. On the procedure for placing non-stationary objects of seasonal trade

MOSCOW REGION ADMINISTRATION

RESOLUTION

ON THE ORDER OF LOCATION OF NON-STATIONARY FACILITIES OF SEASONAL TRADE

Abolished on the basis of the resolution of the administration of the Naro-Fominsk municipal district of the Moscow region of July 25, 2017 N 2347.
____________________________________________________________________

Guided by the Federal Law of 06.10.2003 N 131-FZ "On General Principles of Organization of Local Self-Government in the Russian Federation", Federal Law of 28.12.2009 N 381-FZ "On the Basics of State Regulation of Trade Activities in the Russian Federation", in order to ensure the settlements of Naro -Fominsky municipal district in the services of non-stationary seasonal trade, guided by the Charter of the Naro-Fominsky municipal district, I decide:

1. To approve the Regulation on the procedure for non-stationary objects of the Naro-Fominsk municipal district (attached).

2. Place this resolution on the official website of the Naro-Fominsk municipal district administration on the Internet and publish it in the socio-political newspaper Osnova.

3. Control over the implementation of this resolution shall be entrusted to the first deputy of the Naro-Fominsk municipal district administration Shamne R.L.

Head of Administration
Naro-Fominsk municipal district
M.A. Breus

REGULATIONS ON THE ORDER OF LOCATION AND ORGANIZATION OF OPERATION OF NON-STATIONARY FACILITIES OF SEASONAL TRADE IN THE TERRITORY OF THE NARO-FOMINSK MUNICIPAL DISTRICT

Approved by
administration decree
Naro-Fominsk municipal district
Moscow region
dated April 25, 2016 N 787

1. General Provisions

1.1. This Regulation on the procedure for the placement and organization of work of non-stationary objects of seasonal trade on the territory of the Naro-Fominsk municipal district (hereinafter referred to as the procedure) establishes the procedure for the placement and operation of non-stationary objects of seasonal trade (hereinafter referred to as seasonal trade objects) on the territory of the Naro-Fominsk municipal district, as well as requirements for legal entities and individual entrepreneurs engaged in the placement, arrangement and operation of seasonal trade facilities.

1.2. For the purposes of this procedure, the following concepts are used:

Scheme - the layout of non-stationary shopping facilities on the territory of the Naro-Fominsk municipal district, approved by the resolution of the Naro-Fominsk municipal district administration, in the manner established by the resolution of the Naro-Fominsk municipal district administration dated April 13, 2015 N 447;

Applicant - a legal entity or individual entrepreneur who has applied for the placement of seasonal trade objects;

Permit - a permit for the placement of a seasonal trade facility, issued by the administration of the Naro-Fominsk municipal district in the manner prescribed by this procedure (Appendix No. 2);

Permit holder - a legal entity or individual entrepreneur who have received permission to place a seasonal trade object;

Objects of seasonal trade - objects based on vehicles; easily erected collapsible structures, equipped with a counter, on the area of ​​which a commodity stock is located (tank trucks, a trading tent, melons and gourds, a Christmas tree bazaar);

A tank truck is a non-stationary mobile trade facility, which is an isothermal container installed on the basis of a vehicle or a trailer (semitrailer), designed to carry out distribution trade in liquid goods in bulk - kvass, milk.

A trade tent is a non-stationary trade facility, which is an easily erected collapsible structure equipped with a counter, which forms an internal space, not closed on the side of the counter, designed to accommodate one or several workplaces of sellers and a commodity stock for one day of trade, for the sale of exclusively seasonal goods ( fruits and vegetables and potatoes);

Melons collapse - a non-stationary trading facility, which is a specially equipped temporary structure in the form of a separate open area or an installed trading tent, intended for the sale of seasonal melons and gourds;

Yolochny Bazaar is a non-stationary shopping facility, which is a specially equipped temporary structure in the form of a separate open area for the New Year (Christmas) sale of natural coniferous trees and branches of coniferous trees.

1.3. Objects of seasonal trade are placed only in the places included in the scheme.

1.4. Objects of seasonal trade are located on the territory of the Naro-Fominsk municipal district on the basis of a permit.

2. Basic requirements for objects of seasonal trade

2.1. The placement of seasonal trade objects, their technical equipment must meet fire, sanitary, sanitary and epidemiological, architectural norms and rules, the rules of landscaping and maintenance of the territory.

2.2. The placement of seasonal trade objects, their technical equipment should provide the seller (legal entity, individual entrepreneur) with the opportunity to comply with working conditions and personal hygiene rules by his employees.

2.3. The area for placing a non-stationary shopping facility cannot exceed 8 sq. m.

2.4. The placement of objects of seasonal trade in fruits and vegetables and potatoes, melons and gourds, kvass is carried out in the spring-summer period (from May 1 to October 31). Depending on the actual weather conditions and in accordance with the temperature regime, the periods of seasonal trade in these types of products may be shortened or extended, respectively.

2.5. When carrying out trade, the retailer must have:

Permission for the placement of a seasonal trade object;

Quality certificates or declarations of conformity confirming the quality and safety of products (for products included in the Unified List of Products Subject to Mandatory Certification, or the Unified List of Products, the confirmation of compliance of which is carried out in the form of a declaration of conformity);

Commercial and technological equipment in good technical condition;

Medical books, employment contracts.

Additionally, when selling coniferous trees, sellers carrying out trade must have:

Agreements with an organization that has the right to harvest and cut down coniferous trees, or documents confirming the legal acquisition of coniferous trees;

Consignment notes confirming the source of the goods receipt;

A quarantine certificate issued in accordance with the procedure established by the legislation of the Russian Federation by the state supervision body, certifying the compliance of regulated products with the requirements of the rules and regulations for ensuring plant quarantine.

2.6. At the place of retail trade, information for consumers should be posted about the operating hours, the organizational and legal form of the seller, the telephone numbers of the regulatory authorities, the seller must have a badge indicating the full name, name of the legal entity or individual entrepreneur. Samples of all food and non-food products on sale must be provided with uniform and clearly drawn price tags indicating the surname and initials of the individual entrepreneur or the name of the legal entity, the name of the product, its grade, the price per unit of measurement of the product, the signature of the financially responsible person or the seal of the legal entity, or individual entrepreneur, date of registration of the price tag.

3. The procedure for issuing permits for the placement of objects of seasonal trade

3.1. Permits are issued by the administration of the Naro-Fominsk municipal district. A permit is issued on the basis of an application by a person interested in placing an object of seasonal trade, in the form in accordance with Appendix No. 1 to this order.

The issuance of a permit is carried out free of charge.

The permit is terminated upon the expiration of the period for which it was issued. The maximum validity period for a permit is 90 calendar days.

3.2. When several applications are received for one location, the permit is issued to the person whose application was received first.

3.3. Information about the issued permits is entered into the register.

3.4. The term for consideration of the application is 10 working days.

3.5. The administration of the Naro-Fominsk municipal district refuses to issue a permit in the following cases:

The application was submitted not in the form approved by this procedure, does not contain the necessary information and (or) the information is not reliable;

The location of the seasonal trade objects specified in the application is not provided for by the scheme.

3.6. Places for placing objects of seasonal trade are provided to legal entities, individual entrepreneurs, registered in accordance with the procedure established by the legislation of the Russian Federation.

3.7. Trading in the places indicated in the permit is carried out exclusively by the persons indicated in the permit. Transfer of permission to other legal entities and individual entrepreneurs is not allowed.

3.8. The permit is canceled in the event of repeated (two or more times) bringing the subject of trade to administrative responsibility for violation of the rules of trade, improvement and sanitary maintenance of the place of trade and the adjacent territory established by the current legislation of the Russian Federation, the Moscow region, regulatory legal acts of the Naro-Fominsk municipal district , as well as for non-compliance with the requirements for appearance specified in the permit. The notification of the cancellation of the permit (Appendix No. 3) is sent to the owner of the seasonal trade object within 3 working days from the date of the decision to cancel the permit. The owner is obliged to vacate and improve the accommodation within 5 working days from the receipt of the notification or after 10 calendar days after the notification has been sent.

4. Final provisions

4.1. Unauthorizedly installed seasonal trade objects are subject to dismantling by the owner. At the same time, the road surface and improvement elements disturbed during the installation of the seasonal trade object must be restored in the form in which they existed before the installation of the seasonal trade object, by the forces and means of the person who carried out the unauthorized installation of the seasonal trade object.

4.2. Upon the expiration of the permit, the owners of seasonal trade objects are obliged to dismantle them (disassemble, demolish), vacate and improve the location of the seasonal trade object.

Appendix N 1. STATEMENT

Appendix N 1
to the Regulations on the Procedure
placement and organization of work
non-stationary objects
seasonal trade in the territory
Naro-Fominsk municipal district

To the administration of Naro-Fominsk

municipal district

from ____________________________

STATEMENT

I ask for permission to install a non-stationary object of seasonal trade by

address: ___________________________________________________________________

for trading seasonal products __________________________________________

(list of product range)

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Work period: from "______" __________ 20___ to "______" _____________ 20____

Opening hours: from __________________ to _____________________

Applicant Information: _____________________________________________________

___________________________________________________________________________

(name of organization or surname and initials

individual entrepreneur)

___________________________________________________________________________

(address, place of registration)

___________________________________________________________________________

(N and date of registration certificate, issued by whom)

___________________________________________________________________________

___________________________________________________________________________

Appendix: Sketch of a non-stationary seasonal trade object (in color in

3D format) on ________ sheets.

Signature

Appendix N 2. PERMISSION N for the right to place a non-stationary object of seasonal trade

Appendix N 2
to the Regulations on the Procedure
placement and organization of work
non-stationary objects
seasonal trade in the territory
Naro-Fominsk municipal district

This certificate was issued: ___________________________________________

(full name of the legal entity,

Full name, individual, individual

entrepreneur)

___________________________________________________________________________

___________________________________________________________________________

(address of the location of a legal entity, registration of a permanent place

residence of an individual, individual entrepreneur)

___________________________________________________________________________

___________________________________________________________________________

(top seasonal facility indicating the type of activity)

___________________________________________________________________________

by the address: ________________________________________________________________

Working days: _______________________________________________________________

Opening hours: ______________________________________________________________

Certificate validity period: from "______" __________________ 20__

by "______" __________________ 20__

Appearance requirements see overleaf

Job title

authorized person (signature) (full name)

Appendix N 3. Notice of cancellation of the permit for the placement of a non-stationary object of seasonal trade

Appendix N 3
to the Regulations on the Procedure
placement and organization of work
non-stationary objects
seasonal trade in the territory
Naro-Fominsk municipal district

Form of administration of Naro-Fominsk municipal district

__________________________
(name of company,

FULL NAME. head, individual entrepreneur)

Notice of cancellation of the permit for the placement of a non-stationary seasonal trade facility

This is the administration of the Naro-Fominsk Municipal District

notifies about the cancellation of the permission to place the non-stationary

object of seasonal trade N _____, issued by the administration of Naro-Fominsk

municipal district "_____" ___________ 2016, in relation to the location

non-stationary object of seasonal trade according to targeted landmarks:

___________________________________________________________________________

for a period until "_______" ___________ 2016, in connection with the identified violations

__________________________________________________________________________.

According to clause 3.8 of the Regulations on the procedure for placement and organization

work of non-stationary objects of seasonal trade on the territory

Naro-Fominsk municipal district, you are obliged to release and

equip the place of accommodation within 5 working days from the date of receipt

notifications.

_______________________________ ________________ __________________________

(job title (signature) (full name)

authorized person)

Placement of non-stationary shopping facilities
Small business entrepreneurs often use non-stationary shopping facilities. Such commercial objects are understood as mobile commercial structures that are temporarily located on a certain land plot without being attached to it. They usually do not connect to utility lines. 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 now there are strict requirements for obtaining permission for this type of trade. It is especially difficult to obtain permission to locate an object in a building or on a land plot owned by the state. A non-stationary shopping facility must be included in the placement scheme. It is developed by the city authorities for a certain period of time, and after its expiration it is subject to reconsideration.
The placement of non-stationary shopping facilities is carried out in accordance with the Federal Law of December 28, 2009 No. 381 - FZ "On the Basics of Regulation of Trading Activities in the Russian Federation". If the NTO is planned to be located on a land plot owned by a private person, then the procedure for its placement and operation is agreed with the owner of the stationary facility on the territory of which the NTO is planned to operate.
In the case of placing a non-stationary shopping facility on land plots, in premises that are in municipal or state ownership, the process should be carried out according to the layout scheme, in order to provide residents with more rational 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 drawing up an NTO.
The first stage of registration is that the NTO is included in the layout. Local authorities are responsible for its creation. Let's list what documents are required to be included in this scheme:
- for legal entities - charter, certificate of state registration
- for individual entrepreneurship - a certificate of state registration of a person as an individual entrepreneur
- a certificate of registration with the tax office, as well as a certificate of the issuance of a TIN
- a project describing a non-stationary shopping facility
If your NTO is included in the placement scheme, then the second stage is to obtain permits, which spell out the 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 absence of judicial precedents. The city authorities argue that the inclusion of NTOs in the layout is only their prerogative and the owners have nothing to do with this issue. This runs counter to the government's policy to promote small and medium-sized businesses, since it does not provide favorable conditions for their activities and does not promote the sale of goods and services. That is, the state takes care of small and medium-sized businesses, not taking into account their opinion.
Another problem for the owner of NTO is the lack of confidence in the future, or rather, that after revising the placement scheme, he will be able to continue his activities in the same place, since they do not have the right to priority placement for a new period.
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 term for the provision of land for their placement.
If you still managed to place a point of sale, then it must meet certain requirements and standards. First, all goods and services sold must be of the appropriate quality.
A small retail facility should have a sign with a company name, location (legal address), and a work schedule.
NTO must meet fire, sanitary, environmental and other standards. Also, the owner of the NTO must provide appropriate working conditions for workers.
In the event of the termination of the activities of the NTO after the end of the permit for the placement of the NTO, the dismantling and removal of the equipment is carried out by the entrepreneur at his expense.
Summing up, we can say that the authorities should establish a clear procedure for obtaining a permit for the placement of a retail outlet and guarantee the entrepreneur the fact of obtaining a permit after the end of the current period.

The small retail industry is one of the most difficult in the market segment in terms of legal and technical regulation. This is due to the fact that this type of entrepreneurial activity is initially focused on a wide class of stakeholders. At the same time, the means of ensuring small trade can be different. The most affordable way to sell goods in terms of financial costs is a non-stationary trading facility. This can be a tray, tent, kiosk or other structure through which trade is carried out.

What is a non-stationary trading object?

The unsteady position of the object provides for the possibility of its movement, but this does not always apply to the structures with the help of which trade operations are carried out. That is, there is a theoretical possibility of object displacement, but it may not be used for years. In other words, a non-stationary trading facility is real estate, which is a platform for retail sale of goods. In particular, it can be stalls, kiosks, trays, boxes and other objects. From a technical point of view, the non-stationarity of such structures is due to the lack of a foundation.

A stationary structure will certainly have a strong connection to the ground. In turn, a non-stationary object can have a connection to communications, but its installation does not provide for the formation of the same concrete base for fastening. However, retail trade through non-stationary objects can also be based on the principles of distribution and distribution sales. That is, in this case, the object is also characterized by mobility. Now it is worth taking a closer look at the types of trade objects.

Types of non-stationary trade objects

The group of non-stationary trade objects is quite diverse and includes a wide range of different structures and structures. So, there are three basic classes of such objects: traditional non-capital structures, mobile devices and devices, due to which trade is carried out by hand. In the case of non-capital objects, we can talk about the most common methods of trading through kiosks, vending machines, tray points, etc. These are structures that, although they do not have a foundation, provide for a reliable installation. The mobile non-stationary shopping facility includes car stalls, all kinds of shops on wheels and van sales trays. Also, small-scale retail trade with hands is sometimes included in the group of non-stationary objects, but it can be carried out without any auxiliary constructional means. In addition, there is a classification according to the nature of the seasonal operation of trade objects. The division on this basis is especially pronounced in the case of stalls and kiosks, which can be removed during the off-season and displayed during the most active periods of sales. For example, in the summer, melons and gourds and street cafes are popular, and newsstands can be classified as objects of year-round operation.

Legal registration of the object

For the placement and planning of retail facilities, it is necessary to prepare the appropriate documents for registration of the point of sale. But before that, it is necessary to provide for the technical capabilities of ensuring the safety of the target site, as well as its compliance with sanitary and environmental standards. Already during operation, the owner will have to regularly confirm the right to place non-stationary trade objects with the following documents:

• Trading license.
• Permission to install a non-stationary object.
• Documentation indicating the sources of origin of the goods sold. Here, quality certificates, sanitary certificates, as well as certificates with veterinary conclusions for products must be provided.
• A copy of the agreement on the removal of effluents and the supply of water. This is required in case there is no possibility of connecting to the central water supply line. In addition, a schedule is provided for disinfection works within the local infrastructure providing drinking water supply.
• Document confirming Such equipment is not always required, but only in cases where kiosks or trays are included in complexes of shopping centers, shops, etc.
• Contract for the disposal of environmentally harmful products and the removal of household waste.

Requirements for placed objects of stationary trade

Anyone wishing to organize this kind of activity must, in the application, provide as much information as possible about the planned characteristics of the object. As a rule, retail trade provides for the provision of services in the form of sales of household goods and products After obtaining permission, the owner of the outlet must also adhere to the legislation regarding the regulation of small retail trade. Not only the placement of non-stationary shopping facilities is carried out with the maintenance of safety standards, but the product itself must meet special requirements. In particular, this applies to sanitary standards. In addition, a kiosk, stall or other trade facility must have a sign indicating the opening hours. The point also provides for fire safety means, personal hygiene of service personnel and conditions for ensuring economic needs.

Provisions on the placement of the object of trade

To begin with, it should be noted the difference between objects that are installed as independent retail outlets, and structures that work as part of festive events, fairs, exhibitions, etc. In the second case, special rules are provided that are approved by the local administration, depending on the format of the event. stock. In other cases, the placement is planned taking into account the provision of the local population with consumer market enterprises. In addition, the general provisions on the placement of non-stationary retail facilities require that sites be selected on plots and in buildings that are in municipal ownership. The conclusion of contracts for the placement of commercial facilities is carried out in the prescribed manner, especially for non-stationary structures.

The lease usually lasts no more than a year. At the same time, the current tenant will have a privileged right to further use the leased land or premises. It is also important to take into account that a non-stationary trading facility is a property that is intended for carrying out entrepreneurial activities. Therefore, for violations in the organization of accommodation, special fines are provided. For example, installing a kiosk without a contract is considered unauthorized, and the owner of this facility should be held liable.

Arrangement of objects

The installation of trade objects on plots and premises that are in city ownership can only be carried out in accordance with a previously drawn up scheme. The development of this document is carried out taking into account two goals, which are expressed in stimulating the sustainable development of the local territory and meeting the needs of the local population in retail goods. The scheme is approved by the local government, also guided by the charter of the municipality. The document may provide for the placement of about 60% of the objects of this kind of trade, which will later be used for small or medium-sized businesses. Since a non-stationary shopping facility is, as a rule, private property, it is often located on its own territory. That is, the owner of the commercial space can set up a tent or kiosk within his stationary type shopping complex or within the boundaries of the land plot.

Holding an auction for the right to place

If we are talking about municipal areas, then the decision about who will receive the right to lease this or that territory can be made on the basis of the results of the auction. For this, the city administration issues an appropriate resolution and formulates the subject of the event. A committee may also act as an organizer. The Regulation on Non-Stationary Trade Objects indicates who will directly regulate the auction. Usually, a special commission acts in this capacity, whose functions include the following:

• Determination of the so-called auction step, that is, the value of the increase in value in the range from 1 to 5% of the starting price.
• The schedule for accepting applications, as well as the time and place of summing up the results of the auction.
• Consideration of applications and making a decision regarding the recognition of one of the participants as the winner.
• Keeping the auction protocol.

The results of the auction are published in the media or online publications 30 days after the end of the event. The protocol may indicate the rental price, address, area parameters, and in some cases also describe the procedure for the placement of non-stationary trade objects or special requirements for the operation of the contractual territory.

Object placement agreement

Three days after the winner of the auction is announced, an agreement is drawn up and the owner of the right to place an object of non-stationary trade can start organizing its activities. At the same time, the installation of the object provides for compliance with all the requirements that were indicated in the layout diagram and were noted in the auction minutes. After the completion of the document, the owner must restore the territory he occupies. This must be done within 10 days. The entrepreneur must inform the consumer market committee of all activities on the leased site, from installation to dismantling of the structure. Information about the duration of activity in the territory and the possibility of its early termination must contain an agreement for the placement of a non-stationary trading facility, as well as clauses on the extension of the document.

In what cases is the contract terminated ahead of schedule?

Termination through the exercise of the right to place an object can be accepted in several cases. For example, if the owner ceases to carry out trading activities. Also, the termination of the contract may be related to the decision of the judicial authorities, which carry out the functions of control and supervision. The local government body also has the right to act as the initiator of the termination of the contract. In particular, this may be due to the need to reconstruct local infrastructure. However, the procedure for the placement of non-stationary shopping facilities initially provides for the conclusion of an agreement based on the requirements of the urban infrastructure arrangement scheme, therefore such works rarely become a factor in the termination of entrepreneurial activity in the area allocated for this.

There may be other reasons for the premature termination of the contract. Thus, the violation by the owner of a shopping facility of certain points in the document may well become a reason for its early termination. This can be the transfer of rights to operate the area to third parties, the implementation of other activities in relation to the declared, etc. Further, within 5 days, all non-stationary shopping facilities must be removed from the territory. The resolution also prescribes that the decision on early termination of the contract in case of violations by the owner of the shopping facility must be made by the organizer of the auction.

Conclusion

The location of sales objects in a city environment is of great importance. On the one hand, small-scale retail outlets make it possible to provide the local population with the necessary goods, but on the other hand, they undoubtedly change the external too.But not only these aspects are guided by the developers of infrastructure schemes on which the places of sale of goods are marked. As a rule, the provision of non-stationary shopping facilities is carried out with the expectation of future architectural development. Making adjustments to the town planning plan, by the way, may become the basis for early termination of the contract. The change in the appearance of the city as a result of the placement of outlets is also taken into account. The fact is that non-stationary objects are far from always distinguished by aesthetic appeal, which also becomes a factor in the decision to place a particular tent, kiosk, or a group of seasonal pavilions.

Trade Permitimplies that the activity for the sale of goods is coordinated with the state authorities. But getting this permission is not always necessary. When it is required and where to apply for it - that's what the article will be about.

Activity start notification

To start a business in the commercial sphere, 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 appropriate government agency about your opening. Such a 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 normative act contains a list of activities in relation to which the notification procedure is applied in trade. But there is also a decree of the Government of the Russian Federation "On the notification procedure for the commencement of certain types of entrepreneurial activity" dated July 16, 2009 No. 584, where the list of activities is specified in more detail. As a result, it looks like this:

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

Procedure for filing a notification

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

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

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

The notification itself contains the following data:

• the name of the legal entity or the full name of the entrepreneur;
• OGRN;
• legal entity address and actual address of the object of trade;
• type of activity and a list of works and services within a particular type of activity.

Note: you do not need to attach any documents to the notification. This procedure is much easier to obtain a trade permit.

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

What awaits a seller who does not submit a notification

Everyone has long understood that the absence of a trade permit (if it is required without fail) entails the imposition of fines. But the notification procedure is not taken so seriously, although it also has its own responsibility.

Don't know your rights?

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

• The merchant did not submit a notice at all that he could face a fine in the amount of 10,000 to 20,000 rubles.
• The notification was submitted, but it contained inaccurate data. Here they can already be fined 20,000-30,000 rubles.

In order to avoid problems and unnecessary expenses, the established procedure for starting activities should be followed.

Permission to open a non-stationary trading facility

A non-stationary trade object is an object that is not firmly bound to the ground, for example, a kiosk, a vending machine. And such objects are placed only in designated places approved by a specially developed layout scheme. Each of the objects must comply with typical 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 object, you do not need to issue a trade permit, here you need to conclude an agreement for the implementation of trading activities or for the placement of a non-stationary trading object. Such an agreement will be concluded with the winner of the auction, since the rules for the 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 organizer of the auction, and at the same time have on the account the money necessary to pay the deposit for participation in the auction.

Alcohol sales license

If in the course of trading activities it is planned to sell alcohol, then you will have to obtain an appropriate license, since the retail sale of alcohol-containing products requires a special permit for trading. This formulation of the question corresponds to the norms of the law "On state regulation of the production and circulation 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 are attached to it:

• Constituent documents. If there are no notarized copies, you can also submit simple copies, but have the originals with you.
• Receipt for payment of state duty.
• Documents from which it is clear that the authorized capital of the company is not less than 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 does not work out, the applicant must convey them:

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

A permit for the sale of alcoholic beverages is issued on a paid basis, for example, a license for a period of one year costs 65,000 rubles.

Permission for the organization of the retail market

Another form of trading can be called the organization of the retail market, which is regulated by the law "On retail markets and on amendments to the Labor Code of the Russian Federation" dated 30.12.2006 No. 271-FZ. According to this regulatory act, it is possible to obtain permission to organize a market by submitting an application, which must indicate:

• The name of the legal entity, its address and location of the object where it is planned to place the market.
• TIN of the applicant.
• The type of market organized.

And 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 plan for organizing the markets and the applicant has fulfilled all the requirements for registration and submission of the corresponding application, then he has every chance of obtaining permission to trade.

A trade permit is required only in certain cases, for example, when it is planned 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 issue a trade permit, then it will not be controlled. The authorized bodies develop an audit plan to check whether the requirements for the organization and conduct of trade are met.