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.
| 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 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
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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
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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.
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 the objects of seasonal trade) 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 bottled liquid goods - 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. In this case, 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 by: ___________________________________________
(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 by target 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)
Situation: The client, being the owner of the land plot, decided to place a trade pavilion on it. The type of permitted use of the site - "for the organization of trade", allowed him to use the site for the placement of trade objects.
After starting the construction of the foundation, he received an order from the local administration to stop construction work pending a building permit. At the same time, the prosecutor's check began.
Question: Is a building permit required to erect a shopping pavilion?
Answer: In the described situation, for the construction of the Client's trade pavilion, it was not required to obtain a building permit. Because according to its technical characteristics, the specified object is an object of non-stationary trade.
Rationale for the answer: The developer's right to erect a capital construction facility is certified by a construction permit. The developer can obtain such a document in the manner prescribed by Article 51 of the Town Planning Code of the Russian Federation.
However, not in all cases the legislation requires obtaining a building permit. For example, part 17 of article 51 of the Urban Planning Code of the Russian Federation says that it is not required to obtain a building permit for the construction of kiosks, sheds and other objects that are not capital.
So what distinguishes a capital object from a non-capital one?
According to the position of the Supreme Court of the Russian Federation, reflected in the Definition of 03.12.2008, No. 9-G08-19, the legal concepts of a capital construction object and a real estate object are identical. This means that non-capital properties are not real estate.
The concept of immovable property is contained in Article 130 of the Civil Code of the Russian Federation (hereinafter referred to as the "Civil Code of the Russian Federation"), according to which immovable things include everything that is firmly connected to the land, that is, objects whose movement is impossible without disproportionate damage to their purpose.
According to the legal position of the Supreme Court of the Russian Federation, reflected in paragraph 38 of the Resolution of the Plenum of June 23, 2015 No. 25, when resolving the issue of recognizing an object as an immovable thing, it is necessary to establish that at least the work on the construction of the foundation or similar work has been completed on it. ...
Thus, the most essential technical characteristic of an object, which allows it to be qualified as real estate, is the presence of a foundation and the impossibility of moving the object. without disproportionate harm to its purpose.
On the other hand, the legislator introduced the concept of a non-stationary trade object into circulation. Note to paragraph 3.14. "GOST R 51773-2009. National standard of the Russian Federation. Trade services. Classification of trade enterprises "(approved and put into effect by the Order of Rostekhregulirovaniya dated 15.12.2009 No. 771-st), revealing the concept of a non-stationary trade facility, includes pavilions, kiosks, tents, vending machines and other temporary trade facilities. At the same time, the specified GOST R does not reveal the answer to another interesting question.
How does a stationary pavilion differ from a non-stationary one?
« Non-stationary commercial facility - a commercial facility that is a temporary structure or temporary structure not firmly connected to the land plot, regardless of the presence or absence of connection (technological connection) to the utility networks, including a mobile facility ... ".
nn. 6) Art. 2 of the Federal Law of 28.12.2009, No. 381-FZ "On the fundamentals of state regulation of trading activities in the Russian Federation"
Similarly, this term is disclosed in "GOST R 51303-2013. National standard of the Russian Federation. Trade. Terms and definitions "(approved by the Order of Rosstandart dated 28.08.2013 No. 582-st).
Local legislation, complementing the terminology, specifies what technical characteristics non-stationary shopping facilities should have. For example, the Rules for the improvement of the territory of the Istra Municipal District of the Moscow Region (approved by the Order of the Ministry of Housing and Utilities of the Moscow Region No. 158-RV dated 20.07.2015) contain the following definition:
“Objects that are not capital construction objects (non-capital objects), are objects for the placement of which a construction permit is not required, made of easily erected structures without buried foundations, communications and underground structures, seasonal or auxiliary, including summer pavilions, small warehouses, as well as trade booths, pavilions and other small retail facilities, greenhouses, hotbeds, gazebos, stopping pavilions, ground toilet cabins, box garages, and other similar structures. "
Thus, a non-stationary shopping pavilion should have the following features:
- Should not be firmly connected to the ground (no buried foundation);
- Erected from easily erected structures (the possibility of transferring without disproportionate damage to the purpose of the object);
- Lack of underground technological connections to utility networks (air connections are allowed).
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 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 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.
