4307

MOSCOW GOVERNMENT

ABOUT THE POSITION OF NON-STATIONARY TRADE ENTERPRISE IN MOSCOW

In accordance with the Federal Law of December 28, 2009 N 381-FZ “On the Fundamentals of State Regulation trading activities V Russian Federation"and in order to implement measures to streamline the placement of non-stationary shopping facilities 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 of the 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 illegally placed objects on them that are not capital construction projects, in 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 is entrusted to the Deputy Mayor of Moscow in the Moscow Government for economic policy and property and land relations N.A. Sergunina.

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 percent or more of all goods offered for sale from their total number constitute goods of the same 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. A 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. Inclusion of the location of a non-stationary retail facility in the layout scheme (making changes to the layout) 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 at a stationary retail facility in the layout of non-stationary retail facilities (making changes to the layout)” 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 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) 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 providing 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 a notification to the business entity carrying out trading activities in a stationary retail facility about changes to the layout (about excluding 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 that has not been executed within the prescribed period to eliminate violations of the requirements for the placement, appearance and 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. Written refusal an economic entity that owns the right to locate a non-stationary retail facility, from the placement of a non-stationary retail facility, submitted to the prefecture of the relevant administrative district of the city 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. Non-stationary retail facility does not comply with 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 located 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 of compliance with the requirements established by the Moscow Government for the placement of non-stationary retail facilities is carried out State Inspectorate to control the use of real estate in 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. The nomenclature of specializations of non-stationary retail facilities, the minimum assortment list and the nomenclature of additional groups of 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 government agencies culture 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 Department of Culture of the city of Moscow, are allowed to place non-stationary retail facilities of the following specializations: “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 utility networks. technical support, 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 vestibules and underground entrances (exits) pedestrian crossings 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 public transport stops public use, as well as in a 10-meter zone from the boundaries of the landing sites.
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 security zone 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, or 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 unimpeded 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.
The placement of information structures on the 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, steel profiled 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 upon request (application) 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 for the provision of public services in the city of Moscow (hereinafter referred to as the Basic Register), and in accordance with the Uniform requirements for the provision of public services in the city of Moscow, established The Government of Moscow (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, non-residential premises, which houses a stationary retail facility.
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, minutes of a 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 filing 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 (to be submitted in the absence of information about the rights to the occupied building, structure, structure, non-residential premises in the Unified state register rights to real estate and transactions with it).
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 between government bodies 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's absence property rights for a building, structure, structure, non-residential premises in which a 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 an application shall indicate the address of the stationary retail facility, the full name of the organization and legal form, the surname and initials of the manager or other authorized person (for legal entities), the surname and initials of an 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 case of filing documents through an authorized representative) - 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 by the council of deputies of the municipal district to refuse approval for 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 the 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 upon approval (refusal of approval) in specified deadlines 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 business day following the day of receipt 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 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 notification 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 changes 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 System information support consumer market (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. Carry 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 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).
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. Scroll 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”, the Regulations on the specifics of filing and consideration of complaints about violations of the procedure for the provision of public services of the city of Moscow, approved 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. To correct 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. Cancellation of previously made decisions (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. Refund to the applicant of funds, 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 electronic signature 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 email 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 business 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, at a personal reception.
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, liability for which is established by the Moscow City Code on administrative offenses, the official authorized 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 working day following the day expiration of the established federal legislation period for consideration of complaints about violation of the procedure for providing 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”

NTO: “suspended” entrepreneurship (Semenova E.)

Article posted date: 01/26/2015

Recently, cases of arbitrary revision of NTO placement schemes, non-inclusion in the placement schemes or exclusion from them of already functioning objects have become widespread, which leads to administrative reduction and even termination of business by a number of economic entities. What should an NTO owner do?

Non-stationary retail facility

The concept of a non-stationary retail facility is disclosed in subparagraph. 6 tbsp. 2 of the Federal Law of December 28, 2009 N 381-FZ “On the fundamentals of state regulation of trade activities in the Russian Federation” and paragraph 16 National standard RF "Trade. Terms and definitions", approved. By Order of Rosstandart dated August 28, 2013 N 582-Art.
A non-stationary retail facility (NTO) is a temporary structure or temporary structure that is not firmly connected to the land plot, regardless of the presence or absence of a connection (technological connection) to utility networks, including a mobile structure.
The rules for including NTOs located on land plots, in buildings, structures and structures owned by the state in the layout of non-stationary retail facilities are approved by Decree of the Government of the Russian Federation of September 29, 2010 N 772.
Based on clause 2 of the above Rules, the inclusion of objects in the placement scheme is carried out by a local government body in agreement with the executive body of the Russian Federation or a subject of the Federation exercising the powers of the property owner.
In connection with numerous requests from business associations, legal entities and individual entrepreneurs operating in the field of non-stationary (small retail) trade, the Ministry of Industry and Trade of the Russian Federation has prepared information letter dated January 27, 2014 N EB-820/08.
The Ministry of Industry and Trade of Russia considers it advisable, when forming and changing the layout of non-stationary trading facilities, not to allow a reduction in the number of legally operating facilities, to increase the number of facilities selling socially significant goods, and to ensure the stability of the rights of business entities engaged in trading activities.
However, recommendations are recommendations, and judicial practice is replete with examples when the courts refuse to satisfy demands to invalidate the refusal of a local government body to include an object in the layout of non-stationary retail facilities (Resolutions of the FAS VVO dated 03/19/2014 in case N A28-8163/2013, FAS VSO dated 03/27/2014 in case N A33-7495/2013, FAS UO dated July 24, 2014 N F09-3483/14, AS SZO dated October 30, 2014 in case N A42-816/2014, FAS MO dated July 24, 2013 in case N A40-41105/12-84 -402, etc.).
The reasons for the refusal are justified by the fact that the expiration of the period for placing a temporary structure entailed the termination of the company’s right to place temporary structures; there are no grounds for including the location of objects in the diagram; no land was provided for the pavilion.

Contract-trap

The procedure for placing NTOs on land plots is not established by federal legislation.
Failure legal regulation non-stationary trading on federal level allows the subjects of the Federation to accept regulations, establishing the conditions and procedure for the placement of buildings that are movable things.
For example, Decree of the Moscow Government dated 02/03/2011 N 26-PP approved the Procedure for organizing an auction for the right to conclude an agreement for the placement of scientific and technical equipment and to conclude an agreement for its placement.
According to entrepreneurs, Resolution No. 26-PP, obliging them to participate in auctions, introduces restrictions on engaging in trading activities using non-stationary retail facilities. However, the possibility of concluding an agreement for the placement of NTOs without an auction also does not guarantee entrepreneurs the protection of their rights.
The practice of implementing Resolution No. 26-PP develops in such a way that land legal relations are actually re-registered.
At the end of the land lease agreement, the owner of a trade or public catering pavilion in the location established by the NTO placement scheme has the right to draw up an agreement for the placement of the NTO.
The agreement for the placement of a non-stationary retail facility is not regulated by the provisions of either the Civil Code of the Russian Federation or the Land Code of the Russian Federation.
Resolution No. 26-PP does not provide for the extension of the agreement for the placement of NTOs or the execution of a new agreement.
By signing an agreement for the placement of NTO, the entrepreneur agrees to its terms, according to which, upon termination of the agreement, he ensures the dismantling and removal of the object from its location.

Demolition is possible without trial

Within the competence of the subject of the Federation, the Government of Moscow, by Resolution No. 614-PP dated November 2, 2012, approved the Regulations on the interaction of executive authorities in organizing work to clear land plots from objects illegally placed on them that are not capital construction projects.
According to clause 3.2 of Appendix 1 to Resolution N 614-PP, documents confirming the legality of the placement of non-capital facilities are:
- a valid agreement for the placement of a non-stationary object or an object that is not a capital construction project;
- a valid lease or gratuitous use agreement, a certificate of the right to permanent (indefinite) use of a land plot for the placement of a non-capital facility.
In the absence of these documents, in accordance with clause 2.1 of the above-mentioned Resolution N 614-PP, the prefecture of the administrative district ensures the release of land plots from illegally located objects.
Consideration of issues regarding the release of land plots from objects located on them that are not capital construction projects is carried out by permanent district commissions to suppress unauthorized construction.
Based on the results of the consideration, the district commission makes a decision:
- on dismantling and (or) moving illegally placed objects;
- sending a statement of claim to the court for the release of a land plot from objects illegally placed on it if the objects illegally placed on the land plot were registered as real estate and the copyright holder has certificates of state registration of property rights.
Despite the fact that by virtue of Art. 35 of the Constitution of the Russian Federation, no one can be deprived of their property except by a court decision; the dismantling of a non-stationary facility in an administrative manner is carried out, moreover, supported by the judiciary.
In a number of judicial acts, arbitrators come to the conclusion that the bodies exercising public powers acted within the framework of the powers granted by the Moscow Government and in pursuance of the regulations binding on them (Resolutions of the Federal Antimonopoly Service of the Moscow Region dated May 21, 2014 N F05-10243/13, dated June 20, 2014 N F05-5114/2014, Ninth Arbitration Court of Appeal dated 05.11.2014 N 09AP-36864/2014).
The decision of the Federal Antimonopoly Service of the Moscow Region in case No. A40-171632/12-139-1672 overturned the decision Arbitration Court Moscow and the Resolution of the Ninth Arbitration Court of Appeal, the case was sent for a new trial. The cassation instance pointed out that when considering the case, the court must evaluate the actions of the government agency to seize property for compliance with the law.
When re-examining the case, the court refused to satisfy the applicant's demands to recognize the actions of the prefecture as illegal, expressed in the cessation of operation and removal of trade objects. The court proceeded from the fact that the layout of the NTO on the territory of the Eastern Administrative District does not provide for the placement of the applicant’s retail facility. The prefecture notified the applicant in writing that non-stationary facilities without an agreement for the placement of NTOs are subject to dismantling in the manner approved by Moscow Government Decree N 614-PP. Guided by the norms of this Resolution, the district commission decided to instruct the district government to cease the activities of retail premises and remove the facility. By Resolution of the Ninth Arbitration Court of Appeal dated March 4, 2014 N 09AP-1888/2014, the decision of the arbitration court was left unchanged.
Appealing decisions of the district commission to suppress unauthorized construction, as a rule, also does not lead to a positive result.
For example, the decision of the Moscow Arbitration Court dated December 17, 2013 in case No. A40-127178/2013 states that the decision of the district commission in itself does not entail negative consequences for the company, since it does not contain any administrative instructions obligatory for the applicant, does not impose any obligations on him and does not interfere with the implementation of entrepreneurial and other economic activities. The contested part of the commission's decision consists only of instructions to the municipal authorities of Moscow.
Not in the best possible way things are the same in other regions of Russia.
Demolition (dismantling) is carried out, as a rule, in cases where objects are erected on land plots leased for the operation of a temporary trade pavilion without the right to erect capital construction objects on the land plot (Resolution of the Federal Antimonopoly Service of the Federal Antimonopoly Service of April 24, 2014 N F03-1494/2014 , FAS VSO dated March 27, 2014 in case No. A69-1025/2013, FAS ZSO dated June 20, 2014 in case No. A67-5865/2013, FAS VVO dated November 2, 2012 N A43-32887/2011).

Registration won't help

By virtue of current legislation, ownership of a retail facility is registered only if the facility is classified as real estate.
A shopping pavilion consisting of prefabricated structures does not meet the criteria of a real estate property established by legal acts, therefore there are no grounds for state registration of it as such.
Sometimes entrepreneurs manage to register ownership of non-stationary retail facilities. However, such registration may be challenged in court and cancelled.
Thus, the Ministry of State Property Management Volgograd region filed a claim with the arbitration court to have the right of ownership to the shopping pavilion declared absent. By the court decision dated December 2, 2013, left unchanged by the Resolution of the Twelfth Arbitration Court of Appeal dated March 31, 2014, the claims were satisfied.
By the decision of the Arbitration Court of the Volga District of August 26, 2014 in case No. A12-19707/2013, the adopted judicial acts were left unchanged for the following reasons.
According to Art. 130 of the Civil Code of the Russian Federation, immovable things include land plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible.
In accordance with Art. 1 of the Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it,” real estate, the right to which is subject to state registration, are those objects that are associated with land.
Thus, the main thing hallmark real estate objects, the state registration of rights to which is recognized as mandatory, is an inextricable connection with the land and the impossibility of moving objects without causing disproportionate damage to their purpose.
According to the position of the Presidium of the Supreme Arbitration Court of the Russian Federation, set out in Resolution No. 3809/12 of September 4, 2012, the mere fact of registering an object as real estate in isolation from its physical characteristics in the Unified State Register does not mean that the object is an immovable thing and is not an obstacle to filing a claim to declare the right to the object absent.
Having assessed the evidence presented, the courts came to the conclusion that the pavilion was built from collapsible structures and can be moved from the land plot without disproportionate damage, there is no strong connection between the pavilion and the land, it belongs to movable property, the ownership of which is not subject to state registration .
The court panel did not take into account the applicant’s reference to the fact that the property had a cadastral passport to confirm the correct classification of the pavilion as real estate, since the classification of a particular property as movable or immovable in this case is a legal assessment and falls within the prerogative of the court.

Owner in fact

Entrepreneurs often make transactions in relation to retail properties, that is, sell them, lease them, etc. However, such agreements are not legally registered anywhere. Naturally, questions arise: how can the owner of the pavilion prove that this object belongs to him, and is there a risk of re-selling the object to a third party?
In such cases, the potential owner of a non-stationary facility can only carefully check all available documents: a lease agreement for a land plot or an agreement for the placement of a trade pavilion, contracts for electricity and water supply, the manufacture (purchase) of facility structures, technical inventory documents, etc.
As we can see, the legal framework in the area of ​​organizing the activities of non-stationary retail facilities is quite imperfect, which often leads to violations of the rights of entrepreneurs.
Due to the insufficiency of legal regulation at the federal level of the status of non-stationary retail facilities and their placement, there is a need for urgent amendments to Russian legislation.

Before talking about the specifics of locating non-stationary retail outlets at stationary commercial establishments in Moscow, it is worth understanding what it is "non-stationary shopping facility? According to the common formulation, a non-stationary retail facility is a retail site that does not have a fundamental support. Thus, often such a point does not have mobility. The installation of such structures involves a number of features.

Law on the procedure for placing non-stationary retail facilities in stationary retail facilities in Moscow

To date legal basis for installation of non-stationary commercial points in inpatient institutions trade in Moscow is ensured by the Decree of the City Government dated June 23, 2016, number 355-PP “On the placement of non-stationary retail facilities in the city of Moscow at stationary retail facilities.” This document is based on the Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” (No. 381-FZ), which dates back to December 28, 2009.

This resolution approves the basic rules for the operation and placement of retail facilities that do not have a foundation in permanent commercial establishments in Moscow. It also describes the most acceptable architectural solutions and the procedure for designing such structures. It is worth noting that this resolution does not apply in the territory of the Novomoskovsky administrative district of Moscow and the Troitsky administrative district of Moscow. The resolution is considered to have entered into force on September 1, 2016.

Rules for placing such objects

The above-mentioned provision provides the official formulation of a non-stationary object of trade. In accordance with it, these include points that do not have a fundamental basis and are located on land plots and in buildings that are state-owned or otherwise owned.

An entrepreneur is allowed to establish only one point within one building. At the same time, the structure must strictly comply with all safety rules and fit organically into the overall design of the building chosen for placement. The area of ​​the trading area should not be more than 30 square meters.

The following types of commercial structures can be placed in buildings:

• Kiosk.
• Pavilion.
• Vending machine.

In this case, the kiosk area is limited to 10 square meters. The pavilion can have a maximum of two doors for customers. The share of food products in the turnover of all points in the building should not exceed 20%.

In buildings owned by cultural institutions, it is allowed to sell only the following types products:

• Flowers.
• Books and press.
• Ice cream and drinks.
• Handicrafts and souvenirs.

Installation of a site for the retail sale of goods is possible only if there is an approved layout of the building in which the pavilion is planned to be located. IN this diagram information about the non-stationary structure is entered. The scheme is approved by the Moscow City Planning Committee.

This document must necessarily contain:

• Address of the building.
• Type of structure.
• Specialization.
• Room dimensions.
• Duration of work (from month to month).
• Location diagram for Moscow districts (scale - 1:10000).
• Retail outlet project.

Changes in the procedure for developing the layout

In 2016, some changes were made to the procedure for developing layouts for retail sites that do not have a fundamental support.

In particular, the changes affected the operating periods of various types of points.

Namely:

• Opening hours for ice cream sales points and soft drinks set from May 1 to October 1.
• Bakhchevy ruins - from August 1 to October 1.

Places that cannot be included in the layout are also defined. However, speaking about the arrangement of retail outlets inside buildings, this information irrelevant.

It was also approved that the layout of non-permanent commercial structures is being developed based on proposals from the following bodies:

• City Council of Deputies.
• City district administration.
• Department of Natural Resources and Environmental Protection.
• Department of Transport and Road Infrastructure Development.
• Funds Department mass media and advertising.
• Department of Trade and Services.

Registration procedure

Before submitting an application to open a retail outlet to the relevant authorities, you need to make sure that the location chosen for placement meets all sanitary standards and safety rules.

Any commercial association, legal entity or individual entrepreneur engaged in retail trade has the right to open a retail site. To do this, you need to go through the registration procedure with local authorities. The applicant needs to contact the prefecture of the city district where the commercial site is planned to be located.

The following documents will be required for registration:

• License to conduct retail.
• Permission to install the structure.
• Documents for goods sold. These are various sanitary and veterinary certificates, as well as product quality certificates.
• A copy of the contract for the supply of water and removal of wastewater. This document is required if for some reason it is impossible to connect to the central water supply network. A schedule of disinfection procedures for drinking water supply infrastructure must also be provided.
• Certificate of registration of the cash register (if any).
• Agreement for the disposal of hazardous waste.

The application must be submitted in person or through a legal representative. The result is transmitted in person, through a representative, or remotely, via mail or e-mail. There is no processing fee.

A period of 30 working days is given to review the application, make a decision and prepare documentation. Registration of the application occurs directly on the day of its submission.

In case of a positive decision, the applicant receives a notification that his structure is included in the layout of retail sites of this type and the placement project.

If for any reason the applicant was denied inclusion of the object in the placement scheme, he receives a corresponding notification.

Reasons for refusal

For various reasons, local authorities may refuse to formalize changes to the scheme, or even to review documents.

Here is a list of the most common grounds for refusal:

• The documents provided do not meet the established standards.
• The provided documents have lost their legal force.
• The building in which the commercial outlet is supposed to be located does not meet the established standards.
• The documents provided contain contradictory or inaccurate information.
• The applicant does not have property rights to the building selected for the location of the retail site.
• The prefecture received an application for refusal to formalize the project.

Appeal procedure

In case of illegal actions of officials, unjustified refusal, or violation of the deadline for consideration and registration of the application, the applicant may file a complaint in pre-trial procedure.

The complaint must be submitted in writing or electronically, in person or remotely.

It must contain necessary information about the person submitting it, and comprehensive information about the decisions and actions of local authorities that are subject to appeal.

Regulatory acts

The main regulatory and legal acts in accordance with which the installation of non-stationary sites for the retail sale of goods in the capital takes place:

• Decree of the Moscow Government of June 23, 2016 (355 -PP).
• Federal Law of December 28, 2009 (381-FZ).

Lawyer services

Since city authorities often refuse to register kiosks, pavilions, etc. absolutely unreasonably, it makes sense to seek help from professional lawyers. The Selen Grand company has been providing legal services in the field of business. Minimum price and maximum efficiency of work are the main advantages of the company’s services. Specialists can either conduct a remote consultation or resolve the issue directly on the spot.

Thus, to install sites without foundations in the capital, some effort will have to be made. The documentation on this issue is very extensive, and the waiting times are long.

However, with knowledge of the legal fundamentals and a serious approach to the matter, you can achieve results very quickly. Perhaps, to speed up the process, it is worth transferring the registration into the hands of an experienced specialist.

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 plot of land 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 the Federal Law of December 28, 2009 No. 381 - Federal Law “On the Fundamentals of Regulation of Trade Activities in the 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 according to the placement scheme, in order to most rationally provide residents with retail space and sustainable development cities.
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 individuals entrepreneurship - certificate of state registration of a 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 location scheme, then the second stage is obtaining permits, which specify 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 the future, or more precisely, in the fact 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.
At a small retail trade facility there should be a sign with the 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.

Trade cannot be spontaneous. Its order is indicated 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 the placement of 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 place 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 cafes are. 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 items have signs of 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, shared networks does not affect species identification.

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 specifies important conditions, among them 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.

An 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. Dispatch by registered mail or by 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 review the current situation and present individual solution problems.