Decree of the Government of St. Petersburg dated September 27, 2012 No. 1045

On the placement of non-stationary retail facilities on land plots owned by the state of St. Petersburg or the state ownership of which is not demarcated, amendments to some decrees of the Government of St. Petersburg and the recognition of some decrees of the Government of St. Petersburg as invalid.

Appendix to the decree of the government of St. Petersburg dated September 27, 2012 No. 1045

The procedure for developing and approving a scheme for the placement of non-stationary retail facilities on land plots that are state owned in St. Petersburg or for which state ownership is not demarcated

Continuation. Starts at No. 39-40

2.3. Proposals are formed taking into account compliance with the purpose of use and types of retail facilities planned for inclusion in the layout scheme, the planned timing of placement of retail facilities, requirements for land plots, including the purposes of their use, and retail facilities located on land plots, established by a decree of the Government of St. Petersburg dated December 30, 2010 No. 1830 “On the Procedure for interaction of executive bodies state power St. Petersburg upon provision land plots for purposes not related to construction”, standards and actual indicators of the minimum provision of the population with the area of ​​retail facilities in the territory of the St. Petersburg region and are sent to the district administrations indicating the cadastral number of the land plot for the location of the retail facility, and in case of its absence, with the attachment of the compiled free-form diagrams of the approximate boundaries of the land plot.

2.4. The collection of proposals is carried out by district administrations once a year until March 1, while proposals for land plots for the placement of mobile retail facilities and retail facilities selling seasonal (poutine) fish, Christmas tree markets are sent to the district administrations no later than September 1 of the year, the previous year in which their placement is planned, and for the placement of waste melon crops - no later than March 1 of the year in which the placement of retail facilities is planned.

2.5. Within 10 working days after the end of the period for collecting proposals specified in paragraph 2.4 of this Procedure, district administrations post in the RGIS the approximate boundaries of the land plots in respect of which proposals were received, as well as a conclusion on approval or a reasoned refusal to approve the possibility of placing retail facilities on land plots, taking into account the compliance of the purpose of using land plots for the placement of retail facilities with the standards and actual indicators of the minimum provision of the population with retail facilities in the territory of the St. Petersburg region.

2.6. The Committee on Urban Planning and Architecture (hereinafter referred to as the CGA), within 10 working days after the district administrations carry out the actions specified in paragraph 2.5 of this Procedure, adjusts the boundaries of land plots in the RGIS and publishes a conclusion on approval or a reasoned refusal to approve the possibility of placing retail facilities on land plots, taking into account compliance with the purpose of using land plots for placing objects, the expected size of land plots for placing objects and their location with the current territorial planning documents and documentation on the planning of territories within the boundaries of which the land plots are located, as well as the following information:

2.6.1. On the availability of land plots located within the boundaries electrical networks and utility networks.

2.6.2. On the need to obtain information from the Committee for the Improvement of St. Petersburg (hereinafter - KB) regarding the regime of use of land plots located within the boundaries of green areas public use, public roads of regional significance in St. Petersburg, as well as regarding the location of urban forests on land plots, from the Committee on Energy and Engineering Support (hereinafter referred to as KEIO) regarding the availability of the technical possibility of using a land plot for the purpose of placing retail facilities, taking into account the presence of electrical networks and engineering support networks located within the boundaries of the land plot, and from the Neva-Ladoga Basin Water Administration Federal agency water resources in relation to the regime of use of land plots located within the boundaries of the water protection zone, coastal protective strip.

2.6.3. An approximate diagram of the boundaries of land plots for the placement of retail facilities on a scale of 1:2000 in the case where the land plots are not formed.

2.7. Within seven working days after the CGA carries out the actions specified in paragraph 2.6 of this Procedure, the executive bodies of state power of St. Petersburg place in the RGIS:

2.7.1. Construction Committee: conclusion on approval or reasoned refusal to approve the possibility of placing retail facilities on land plots, taking into account the adopted legal acts approving the act on the selection of a land plot for construction, in relation to land plots, as well as decisions on the construction of facilities capital construction on land plots by allocating budgetary allocations from the budget of St. Petersburg for the design and construction of capital construction projects.

2.7.2. Committee on state control, use and protection of historical and cultural monuments: conclusion on approval or reasoned refusal to approve the possibility of placing retail facilities on land plots, taking into account the location of land plots within the boundaries of the territory of cultural heritage sites (historical and cultural monuments) of peoples Russian Federation, within the boundaries of the protection zones of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation and the regime of use of land plots.

2.7.3. Committee on Land Resources and Land Management of St. Petersburg (hereinafter - KZRiZ): conclusion on approval or reasoned refusal to approve the possibility of placing retail facilities on land plots, taking into account the presence (absence) of the possibility of forming land plots in accordance with the requirements of federal legislation and the legislation of St. -Petersburg.

2.7.4. KUGI: conclusion on approval or reasoned refusal to approve the possibility of placing retail facilities on land plots, taking into account the property and legal status of land plots.

2.7.5. KB: conclusion on approval or reasoned refusal to approve the possibility of placing retail facilities on land plots, taking into account the regime of use of land plots located within the boundaries of public green spaces, public highways of regional importance in St. Petersburg, as well as the location of urban forests on land plots (if, according to the KGA information posted in the RGIS, it is necessary to obtain the specified information from the KB).

2.7.6. Press Committee: conclusion on approval or reasoned refusal to approve the possibility of placing retail facilities on land plots and information on the inclusion of facilities in previously approved targeted programs of small retail trade facilities used for the sale of periodical printed products, taking into account the results of monitoring the market for the distribution of periodical printed products (if the purpose of using land is to locate facilities used for the sale of periodical printed products).

2.8. KEIO, within 14 working days after the implementation by the KGA of the actions specified in paragraph 2.6 of this Procedure, places in the RGIS information on the availability of the technical possibility of using land plots for the purpose of locating retail facilities, taking into account the presence of security zones of electrical networks and engineering support networks located in boundaries of land plots (if, according to the information of the State Administration posted in the RGIS, it is necessary to obtain the specified information from the KEIO).

2.9. Information from the Neva-Ladoga Basin Water Administration of the Federal Agency for Water Resources on the mode of use of a land plot located within the boundaries of a water protection zone, coastal protective strip (if, according to the information of the KGA posted in the RGIS, it is necessary to obtain the specified information from the Neva-Ladoga Basin Water Administration of the Federal water resources agency) is placed in the RGIS in the manner and terms determined by the agreement concluded with the KZRiZ.

2.10. Based on conclusions, proposals and information prepared and posted in the RGIS in accordance with paragraphs 2.3 - 2.9 of this Procedure, CERPPT within 15 working days prepares an application for the inclusion of retail facilities in the layout scheme and sends it to KUGI in in writing and in the form electronic document.

2.11. KUGI, within 15 working days after receiving the application in writing specified in paragraph 2.10 of this Procedure, considers the received application and makes a decision to approve the inclusion of retail facilities in the layout scheme or to refuse approval for the inclusion of retail facilities in the layout scheme on the grounds provided for in clause 8 of the Rules for the inclusion of non-stationary retail facilities located on land plots, in buildings, structures and structures owned by the state, in the layout of non-stationary retail facilities, approved by Decree of the Government of the Russian Federation of September 29, 2010 No. 772, and informs the CERPPT in writing and in the form of an electronic document about the decision taken.

2.12. CERPPT, within 10 working days after receiving written information from KUGI about the decision made, includes retail facilities in respect of which KUGI has made a decision to approve the inclusion of retail facilities in the layout scheme, approves the layout plan, and also places it in the RGIS information about retail facilities included in the layout.

3. The procedure for updating and making changes to the layout

3.1. At least once every six months after placement in the RGIS or within 10 working days after the entry into force of legal acts of the Russian Federation and St. Petersburg establishing a ban or restriction on the use of land plots for the placement of retail facilities included in the layout scheme, KGA, KS, KGIOP, KEIO, KB, KZRiZ, KUGI, the Press Committee, district administrations update or confirm the information and information specified in paragraphs 2.5 - 2.8 of this Procedure (hereinafter referred to as updating).

3.2. Changes to the layout scheme are carried out by the CERPPT on the basis of proposals, requests from the KGA, KS, KGIOP, KEIO, KB, KZRiZ, KUGI, the Press Committee, district administrations about the exclusion of retail facilities from the layout scheme on the grounds specified in paragraph 1.5 of this Procedure, and also based on the results of updating, but not more than twice a year in the manner provided for in Section 2 of this Procedure, for its development and approval.

The order of the CERPPT on approval of the layout scheme, as well as the order of the CERPPT on making changes to the layout scheme, are subject to publication in the manner established for the official publication of regulatory legal acts of the executive bodies of state power of St. Petersburg, and posting on the official website of the CERPPT in the information and telecommunication network "Internet" "

deadline to provide rules for the development and approval of a scheme for the placement of non-stationary retail facilities on land plots that are state owned in St. Petersburg or the state ownership of which is not demarcated (hereinafter - educational institutions, medical organizations, sports facilities, and in the case of registration of rights by these organizations to the land plots on which these buildings are located, closer than 50 meters from the boundaries of the land plots, with the exception of objects used for the sale of periodical printed products;

at a distance closer than 50 meters from the ground vestibules of metro stations, with the exception of non-stationary retail facilities according to retail sales flowers, periodic printed publications, theater tickets, tickets for city passenger transport, provision of information services;

at a distance closer than 10 meters from stopping points of urban passenger transport and from entrances (exits) to underground pedestrian crossings, with the exception of objects used for the sale of periodical printed products;

in the arches of buildings, on lawns, flower beds, landscaped children's playgrounds, areas for recreation, sports activities, sidewalks less than three meters wide, as well as other sidewalks if it is impossible to provide passage conditions of at least 2.5 meters wide for pedestrians and sidewalk cleaning equipment;

on the territory of gardens, parks, squares - objects of cultural heritage, with the exception of objects used for the sale of excursion tickets, flowers, dairy products, confectionery and bakery products in manufacturer's packaging, objects catering without implementation alcoholic products, facilities selling newspapers and magazines, religious products, rental facilities for sports equipment;

in the security zone of electrical and heating networks, under railway overpasses, overpasses, bridges;

within the red lines of the main transport highways of St. Petersburg, specified in Appendix No. 3 to the Regulations on the procedure for determining basic rental rates and coefficients used in the Methodology for determining rent for land plots owned by the state of St. Petersburg, on special cases and the procedure for determining rent, approved by the Decree of the Government of St. Petersburg dated November 26. N 1379 "On measures to implement the Law of St. Petersburg "On the Methodology for determining rent for land plots owned by the state of St. Petersburg", with the exception of objects used for the sale of travel, lottery and excursion tickets, periodicals, flowers, as well as ice cream and soft drinks sold from mobile retail units in the period from April 1 to November 1;

within visibility triangles at unregulated intersections and junctions of streets and roads, on pedestrian crossings and closer than five meters in front of them, on the carriageway of public roads of regional importance in St. Petersburg, as well as intra-block driveways and vehicle parking areas.

2. The procedure for developing and approving the layout

2.1. The layout is being developed by the Committee economic development, industrial policy and trade (hereinafter referred to as CERPPT) on the basis of proposals from the executive bodies of state power of St. Petersburg, local government bodies within the city municipalities St. Petersburg, citizens and legal entities about land plots located in the territories of the districts of St. Petersburg (hereinafter referred to as proposals), the collection of which is carried out by the administrations of the districts of St. Petersburg on the territory of which the land plots are located (hereinafter referred to as district administrations), through the receipt, placement and analysis of information, information and spatial data included in the regional information system containing information about real estate and land management objects "Geoinformation System of St. Petersburg" (hereinafter referred to as RGIS).

2.2. In order to organize the preparation and collection of proposals, district administrations, no later than 1 month before the date specified in paragraph 2.4 of this Procedure, inform the executive bodies of state power of St. Petersburg, local government bodies of intracity municipalities of St. Petersburg, citizens and legal entities about collecting proposals.

Information is provided by district administrations by posting on information stands at the location of district administrations, official websites of district administrations, and in case of their absence - on the official website of the Government of St. Petersburg information about the acceptance of proposals, address, opening hours, contact telephone numbers of district administrations.

2.3. Proposals are formed taking into account compliance with the purpose of use and types of retail facilities planned for inclusion in the layout scheme, the planned timing of placement of retail facilities, requirements for land plots, including the purposes of their use, and retail facilities located on land plots, established by a decree of the Government of St. St. Petersburg dated December 30, 2010 N 1830 "On the Procedure for interaction between executive bodies of state power of St. Petersburg when providing land plots for purposes not related to construction", standards and actual indicators of the minimum provision of the population with the area of ​​​​trade facilities in the territory of the St. Petersburg region and are sent to district administrations, indicating the cadastral number of the land plot for the location of the retail facility, and in case of its absence - with the attachment of a free-form diagram of the approximate boundaries of the land plot.

3.2. Changes to the layout scheme are carried out by the CERPPT on the basis of proposals, requests from the KGA, KS, KGIOP, KEIO, KB, KZRiZ, KUGI, the Press Committee, district administrations about the exclusion of retail facilities from the layout scheme on the grounds specified in paragraph 1.5 of this Procedure, and also based on the results of updating, but not more than twice a year in the manner provided for in Section 2 of this Procedure, for its development and approval.

The order of the CERPPT on approval of the layout scheme, as well as the order of the CERPPT on making changes to the layout scheme, are subject to publication in the manner established for the official publication of regulatory legal acts of the executive bodies of state power of St. Petersburg, and posting on the official website of the CERPPT on the information and telecommunication network "Internet" ".

Document overview

On the scheme for the placement of non-stationary retail facilities on land plots in St. Petersburg.

The procedure for developing and approving a scheme for the placement of non-stationary retail facilities on land plots that are state-owned in St. Petersburg or for which state ownership is not demarcated has been approved.

The placement scheme is developed by the Committee for Economic Development, Industrial Policy and Trade on the basis of proposals from executive bodies of state power, local governments of intra-city municipalities, citizens and legal entities on land plots located in the territories of the districts of St. Petersburg, the collection of which is carried out by the administrations of the districts of St. Petersburg , on the territory of which land plots are located, by obtaining, posting and analyzing information, information and spatial data that are part of the regional information system containing information about real estate and land management objects "Geographic information system of St. Petersburg".

Procedures have been established for updating and making changes to the layout, publishing the layout and changes to it.

Changes have been made to the powers of the Committee for Economic Development, Industrial Policy and Trade, the Administration of the District of St. Petersburg, the Committee for Improvement, the Committee for Urban Planning and Architecture, the Committee for Land Resources and Land Management, the Committee for State Control, Use and Protection of Historical and Cultural Monuments, the Committee on printing and interaction with media mass media, Construction Committee, City Property Management Committee regarding the layout of non-stationary retail facilities on land plots.

From the date of entry into force of the order approving the layout of non-stationary retail facilities, the resolution “On measures to implement the Law of St. Petersburg “On the provision of land plots for the placement of temporary (non-capital) facilities” was declared invalid consumer market" and the amendments made to it, the resolution "On streamlining the placement of small retail trade objects used for the sale of periodical printed products."

The resolution comes into force on the date of official publication.

MOSCOW GOVERNMENT

RESOLUTION

ABOUT THE ACCOMMODATION, LOCATED

IN THE CITY OF MOSCOW ON LAND, BUILDINGS, STRUCTURES

AND STRUCTURES OWNED BY THE STATE

dated 05/31/2011 N 242-PP)

In accordance with the Federal Law of December 28, 2009 N 381-FZ “On the Fundamentals government regulation trading activities in the Russian Federation", Resolution of the Government of the Russian Federation dated September 29, 2010 N 772 "On approval of the Rules for the inclusion of non-stationary retail facilities located on land plots, in buildings, structures and structures owned by the state, in the layout of non-stationary retail facilities" The Moscow government decides:

1. Approve:

1.1. The procedure for developing and approving a scheme for the placement of non-stationary retail facilities located in the city of Moscow on land plots, in buildings, structures and structures owned by the state (Appendix 1).

1.2. The procedure for organizing and conducting an auction for the right to conclude an agreement and conclude an agreement for the placement of a non-stationary retail facility (Appendix 2).

1.3. Standard form of agreement for the placement of a non-stationary retail facility (Appendix 3).

2. To assign to the prefectures of the administrative districts of the city of Moscow the functions of state customers of works to ensure the improvement and equipment of the locations of non-stationary retail facilities in accordance with the approved placement schemes at the expense and within the limits of the funds provided in the budget of the city of Moscow for the improvement of the territory of the administrative district of the city of Moscow.

3. The Deputy Mayor of Moscow in the Moscow Government on issues of working with the media, interregional cooperation, sports and tourism, advertising should provide information support for the implementation of events in accordance with this resolution.

4. Establish that:

4.1. Regulatory legal acts of the city of Moscow regulating the placement of non-stationary retail facilities are applied to the extent that does not contradict this resolution.

4.2. The placement of non-stationary retail facilities within the boundaries of specially protected natural areas is carried out by the Department of Natural Resources Management and Protection environment the city of Moscow in agreement with the prefectures of the administrative districts of the city of Moscow.

4.3. An auction for the right to conclude an agreement for the placement of a non-stationary retail facility within the boundaries of specially protected natural areas is carried out by the Department of Natural Resources Management and Environmental Protection of the city of Moscow in compliance with the procedure established by Appendix 2 to this resolution, taking into account the features established by legal acts of the city of Moscow for specially protected natural areas territories.

4.4. Approximate form agreements for the placement of a non-stationary retail facility within the boundaries of specially protected natural areas are developed and approved by the Department of Natural Resources and Environmental Protection of the city of Moscow.

(Clause 4 as amended by Moscow Government Resolution No. 242-PP dated May 31, 2011)

5. Amend the Moscow Government Resolution No. 1139-PP dated December 16, 2008 “On approval of the Regulations on the placement and installation in the territory of the city of Moscow of objects that are not capital construction projects” (as amended by the Moscow Government Resolutions dated May 26, 2009 N 499-PP, dated June 23, 2009 N 588-PP, dated March 9, 2010 N 203-PP, dated July 27, 2010 N 629-PP):

5.1. Clause 1 of section II of appendix 1 to the resolution is declared invalid.

5.2. In paragraph 15 section III Appendix 1 to the resolution the words “Small retail trade kiosks, bus stop pavilions, public transport outlets,” shall be deleted.

5.3. Clauses 16, 17, 18 of Section III of Appendix 1 to the resolution are declared invalid.

5.4. Clause 4 of section IV of appendix 1 to the resolution is declared invalid.

6. To recognize as invalid:

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

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

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

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

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

6.6. Paragraphs 1, 3 of the resolution of the Moscow Government of March 9, 2010 N 203-PP “On introducing amendments and invalidating certain provisions of the resolutions of the Moscow Government.”

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

7. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Moscow Government for Economic Policy A.V. Sharonov.

Mayor of Moscow

S.S. Sobyanin

Appendix 1

to the Government resolution

DEVELOPMENT AND APPROVAL OF A SCHEME FOR ALLOCATION OF NON-STATIONARY

RETAIL FACILITIES LOCATED IN MOSCOW

ON LAND, IN BUILDINGS, STRUCTURES AND STRUCTURES,

STATE-OWNED

(as amended by the resolution of the Moscow Government

dated 05/31/2011 N 242-PP)

I. General provisions

1. This procedure has been developed in accordance with Article 10 Federal Law dated December 28, 2009 N 381-FZ “On the fundamentals of state regulation of trade activities in the Russian Federation”, Decree of the Government of the Russian Federation dated September 29, 2010 N 772 “On approval of the Rules for the inclusion of non-stationary retail facilities located on land plots, in buildings, buildings and structures owned by the state into the scheme for the placement of non-stationary retail facilities" and establishes a procedure for the development and approval by executive authorities of the city of Moscow of a scheme for the placement of non-stationary retail facilities on land plots, with the exception of land plots located within the boundaries of specially protected natural areas, in buildings, structures, and structures owned by the state (hereinafter referred to as the layout of non-stationary retail facilities).

2. The placement of non-stationary retail facilities in the city of Moscow on land plots, in buildings, structures, and structures owned by the state is carried out in accordance with the layout of non-stationary retail facilities, taking into account the need to ensure sustainable development territories, including eliminating the negative impact of objects on pedestrian and transport infrastructure, and achieving the standards established by the Moscow Government for the minimum provision of the population with retail space in the city of Moscow.

3. The placement of non-stationary retail facilities is carried out:

1) for non-stationary retail facilities on land plots that are state-owned by the city of Moscow or for which state ownership is not demarcated - on the basis of an agreement for the placement of a non-stationary retail facility in accordance with this resolution.

An economic entity that has current contract renting a land plot in a place established by the layout of non-stationary retail facilities, has the right to draw up an agreement for the placement of a non-stationary retail facility in accordance with Appendix 3 to this resolution. The price of the contract for the placement of a non-stationary retail facility is determined in accordance with the methodology approved by the Moscow Government (clause 8 of Appendix 2 to this resolution);

2) for non-stationary retail facilities in buildings, structures, and structures owned by the state - on the basis of a lease agreement and other agreements in accordance with civil law.

4. Non-stationary retail facilities include retail facilities that are temporary structures or temporary structures that are not firmly connected with land plot regardless of connection or non-connection to engineering support networks:

1) pavilion - a temporary structure with a sales area and storage facilities inventory, designed for one or more workplaces;

2) kiosk - temporary equipped trade equipment a building that does not have trading floor and premises for storing goods, designed for one workplace the seller on whose premises the inventory is stored;

3) vending machine - a temporary technical structure or structure intended for the sale of piece goods without the participation of the seller;

4) melon store - a specially equipped temporary structure, which is a platform for selling melons;

5) Christmas tree bazaar - a specially equipped temporary structure, which is a platform for the sale of natural fir trees and pine trees;

6) seasonal cafes - a specially equipped temporary structure, including at a stationary enterprise, which is a site for placing a catering establishment for additional service food and (or no) rest for consumers;

7) mobile structures: auto shops (auto shops, trailers), auto cafes, insulated containers and tanks, carts, trays, tents, baskets and other special devices.

5. This procedure does not apply to the temporary placement of non-stationary retail facilities in specially protected natural areas of the city of Moscow, as well as during sports, entertainment, cultural and other events, placement of peddlers - sellers carrying out peddling trade by hand using special equipment, which are regulated by separate legal acts of the city of Moscow.

(as amended by the resolution of the Moscow Government dated May 31, 2011 N 242-PP)

II. Requirements for developing a layout

non-stationary retail facilities

6. The layout of non-stationary retail facilities must contain the type of non-stationary retail facility, the location and size of the area where the non-stationary retail facility is located, specialization, period of placement, as well as information about non-stationary retail facilities used by small or medium-sized businesses carrying out trading activities.

7. The layout of non-stationary retail facilities should provide for the placement of at least sixty percent of non-stationary retail facilities used by small or medium-sized businesses engaged in trading activities, of the total number of non-stationary retail facilities.

8. Specialization of a non-stationary trading facility is a trading activity in which eighty or more percent of all goods (services) offered for sale of their total quantity are goods (services) of one group. Sales of other additional groups of goods (services) are carried out in accordance with the established nomenclature.

The specialization of a non-stationary retail facility is indicated in the name of the non-stationary retail facility: “Milk”, “Bread”, “Groceries”, “Gastronomy”, “Confectionery”, “Fish”, “Vegetables and Fruits”, “Printing”, “Flowers”, “Travel tickets”, “Theater tickets”, “Ice cream”, “Kvass”, “Cafe”, “Shoe repair”, “Shoe shine”, “Inquiries”, “Rental”, “Pharmacy kiosk”, etc.

When carrying out trading activities in a non-stationary trading facility, the specialization of the non-stationary trading facility must be observed, the minimum assortment list, which must be constantly on sale, and a range of additional product groups in accordance with specialization.

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.

9. The placement period is established in the layout of non-stationary retail facilities for each location of a non-stationary retail facility, taking into account the following features regarding placement individual species non-stationary retail facilities:

1) for places where mobile structures are located for the sale of flowers, vegetables, fruits, ice cream, soft drinks, kvass, including bottling, the distribution period is set from April 1 to November 1;

3) for places where melons and melons are placed, the placement period is set from August 1 to November 1;

4) for other non-stationary retail facilities, with the exception of those provided for in subparagraphs 1-3 of this paragraph - taking into account the need to ensure sustainable development of the territories, but not more than 3 years.

10. It is not allowed to include the following locations in the layout of non-stationary retail facilities:

1) in a 25-meter zone from the perimeter of technical structures and ground vestibules of metro stations, with the exception of vending machines at metro stations and kiosks with specialization: sale of periodicals, theater tickets, tickets for urban passenger transport, pharmaceutical goods, provision of information services;

2) in the arches of buildings, on lawns, flower beds, playgrounds (for children, recreation, sports) closer than 5 meters from the windows of buildings and shop windows of stationary retail facilities;

3) in the security zone utility networks, under railway overpasses and road overpasses, as well as in a 5-meter security zone from entrances (exits) to underground pedestrian crossings.

11. In cases of placement of non-stationary objects within the red lines of streets and roads, their placement is possible only on a paved (asphalted) area within the boundaries of the sidewalk and subject to the free width of passage along the sidewalk (including in the presence of lighting poles and other supports, tree trunks) along the main direction of pedestrian movement at least 3 meters, and in the transverse direction and from the outermost element of the object to the edge of the roadway at least 1.5 meters.

12. When determining the location and size of the area of ​​the location of a non-stationary retail facility in the layout of non-stationary retail facilities, the prefectures of the administrative districts of the city of Moscow provide landscaping and equipment for the locations of non-stationary retail facilities, including:

1) improvement of the site for the placement of a non-stationary retail facility and the adjacent territory;

2) the ability to connect non-stationary retail facilities to engineering support networks;

3) convenient access for vehicles that does not interfere with the passage of pedestrians, drive-in pockets;

4) unhindered passage of fire and medical transport, vehicles Ministry of the Russian Federation for Affairs civil defense, emergency situations and disaster relief to existing buildings, structures and structures.

13. Moscomarchitecture, based on proposals from the prefectures of the administrative districts of the city of Moscow, is developing a draft scheme for the placement of non-stationary retail facilities in the context of administrative districts/districts of the city of Moscow and, if it is necessary to finalize the draft scheme, makes the necessary changes to the specified project.

III. Requirements for approval of layout plans

non-stationary retail facilities

14. After developing a draft scheme for the placement of non-stationary retail facilities in the context of administrative districts/districts of the city of Moscow, within 5 working days the Moskomarkhitektura sends a draft scheme for the placement of non-stationary retail facilities to the prefecture of the administrative district of the city of Moscow.

15. After receiving a draft scheme for the placement of non-stationary retail facilities, the prefecture of the administrative district of Moscow, within up to 3 working days, places it on its official website on the Internet information and telecommunications network (indicating the address and a period of at least 14 calendar days for sending comments and suggestions) and sends for approval to:

1) Department of Transport and Development of Road Transport Infrastructure of the City of Moscow;

2) Department of Natural Resources and Environmental Protection of the City of Moscow (in case of location of objects in natural and green areas);

(as amended by the resolution of the Moscow Government dated May 31, 2011 N 242-PP)

3) Department of Cultural Heritage of the City of Moscow (in case of placement of objects within the boundaries of territories and protection zones of cultural heritage objects).

16. The period for approval of the draft layout of non-stationary retail facilities is no more than 14 calendar days from the date of receipt by the organizations specified in paragraph 15 of this Procedure.

In case of failure to provide information on approval within the deadlines, the draft layout of non-stationary retail facilities is considered agreed upon by default.

17. Simultaneously with sending the draft scheme for the placement of non-stationary retail facilities for approval to the organizations specified in paragraph 15 of this Procedure, the prefecture of the administrative district of the city of Moscow sends the draft scheme for the placement of non-stationary retail facilities to the municipal Assemblies of intracity municipalities.

18. The period for approval of the draft scheme for the placement of non-stationary retail facilities by the municipal Assemblies of intracity municipalities is no more than 21 calendar days from the date of their receipt by the municipal Assembly of the intracity municipality.

19. The decision to approve the draft layout of non-stationary retail facilities is approved by decision ( legal act) Municipal Assembly of an intracity municipality.

20. After receiving all visa approvals, the prefect of the administrative district of Moscow, within up to 3 working days, sends a draft scheme for the placement of non-stationary retail facilities to the Interdepartmental Commission on Consumer Market Issues under the Moscow Government.

If there are unaccounted comments from approving organizations and comments received from citizens and organizations within the deadline established on the official website on the information and telecommunications network Internet, a sheet of disagreements with justification for the decision is attached to the draft layout of non-stationary retail facilities.

21. The Interdepartmental Commission on Consumer Market Issues under the Moscow Government, within 30 working days, reviews the draft scheme for the placement of non-stationary retail facilities and makes a decision on approval or the need for its modification.

22. The draft scheme for the placement of non-stationary retail facilities, approved by the Interdepartmental Commission on Consumer Market Issues under the Moscow Government, is approved within up to 3 working days by order of the prefect of the administrative district of the city of Moscow.

23. To include non-stationary retail facilities in the layout of non-stationary retail facilities (to make changes to the layout of non-stationary retail facilities), the prefecture of the administrative district of Moscow sends to the Moscow Government or to the federal executive body exercising the powers of the property owner an application indicating the proposed changes and justification for the need to make such changes, including indicating:

a) standards and actual indicators of the minimum provision of the population with the area of ​​retail facilities in the territory of the administrative district/region;

b) the purposes of using non-stationary retail facilities included in the layout - specialization of non-stationary retail facilities;

c) types of non-stationary retail facilities planned for inclusion in the layout;

d) the planned timing (period) of placement of non-stationary retail facilities.

24. In the event of a change in the urban planning situation before the expiration of the placement period established in the layout of a non-stationary retail facility and the need in this regard to make changes to the layout of non-stationary retail facilities, the prefecture of the administrative district of the city of Moscow submits proposals for moving the non-stationary retail facility from its location to a compensatory one placement location.

25. The Interdepartmental Commission on Consumer Market Issues under the Moscow Government, on behalf of the Moscow Government, or the federal executive body exercising the powers of the property owner, considers the application of the prefecture of the administrative district of the city of Moscow within 30 working days and makes a decision on approving the inclusion of non-stationary retail facilities (making changes ) to the layout plan or refusal of such approval.

26. The decision of the Interdepartmental Commission on Consumer Market Issues under the Moscow Government or the federal executive body exercising the powers of the property owner to approve the inclusion of non-stationary retail facilities (amendments) in the layout scheme is sent in writing to the prefecture of the administrative district of the city of Moscow and within 3 working days is approved by order of the prefect of the administrative district of Moscow.

27. Schemes for the placement of non-stationary retail facilities and changes made to them are subject to publication in the manner established for the official publication of orders of the prefects of the administrative districts of the city of Moscow, as well as posting on the official websites of the Department of Trade and Services of the city of Moscow and the prefectures of the administrative districts of the city of Moscow in the information and telecommunications Internet within 3 working days after their approval.

Appendix 2

to the Government resolution

ORGANIZATION AND CONDUCT OF AN AUCTION FOR THE RIGHT OF CONCLUSION

AGREEMENT FOR PLACEMENT OF NON-STATIONARY TRADE FACILITY

AND CONCLUSION OF AN AGREEMENT FOR PLACEMENT OF NON-STATIONARY

TRADE FACILITY

I. Organization of an auction for the right to conclude a contract

for the placement of a non-stationary retail facility

1. After approval in in the prescribed manner layout of non-stationary retail facilities The prefecture of the administrative district of Moscow selects business entities to organize trading activities in places determined by the layout of non-stationary retail facilities.

2. The selection of business entities is carried out by holding an open auction, the subject of which is the right to conclude an agreement for the placement of a non-stationary retail facility in places determined by the layout of non-stationary retail facilities.

3. For the purposes of this resolution, an open auction is understood as a tender, the winner of which is the person who offered the highest price for the right to conclude an agreement for the placement of a non-stationary retail facility (hereinafter referred to as the auction).

4. There is no fee for participating in the auction.

5. The prefecture of the administrative district of Moscow (hereinafter referred to as the auction organizer) acts as the auction organizer.

6. The auction organizer develops and approves auction documentation, determines the starting price of the auction item, the amount of the deposit for participation in the auction, establishes the time, place and procedure for the auction, the form and deadlines for filing applications for participation in the auction, the procedure for making and returning the deposit, the amount of increase the initial price of the auction item ("auction step").

7. The “auction step” is set in the range from one percent to five percent of the initial price of the auction item.

8. The starting price of the auction item is determined by the auction organizer in accordance with the methodology approved by the Moscow Government.

9. The amount of the deposit for participation in the auction cannot be more than 20 percent of the starting price of the auction item.

10. The auction organizer, no less than thirty calendar days before the day of the auction, must post a notice of the auction and auction documentation, including a draft agreement for the placement of a non-stationary retail facility, on the official website of the Tender Committee and the prefecture of the administrative district of Moscow - the auction organizer.

11. The notice of the auction must contain information:

1) about the auction organizer who made the decision to hold the auction, about the details of the said decision;

2) about the place, date, time and procedure for the auction;

3) about the subject of the auction, including auction lots, including:

location and size of the area of ​​the non-stationary retail facility;

type of non-stationary retail facility;

specialization;

placement period;

an indication of whether the auction is being held among small or medium-sized businesses engaged in trading activities;

4) on the initial price of the auction item, as well as on the deadline and procedure for entering the final price of the auction item, which should provide for its payment in equal parts and time intervals throughout the entire period of placement of the non-stationary retail facility;

5) about the “auction step”;

6) on the application form for participation in the auction, on the procedure for acceptance, on the address of the place of acceptance, on the date and time of the beginning and end of acceptance of applications for participation in the auction;

7) about the amount of the deposit, about the procedure for making it by auction participants and returning it to them, about the account details for transferring the deposit;

8) on the possibility of connecting a non-stationary retail facility to engineering support networks;

9) on the requirements for maintenance and cleaning of the territory.

12. Auction documentation must contain the following information:

1) information provided for in paragraph 11 of this Procedure;

2) standard architectural solutions for non-stationary retail facilities;

3) requirements for the content, composition, design and form of an application for participation in the auction, instructions for filling it out;

4) the procedure, place, start date and end date of the deadline for filing applications for participation in the auction;

5) the procedure and deadline for withdrawing applications for participation in the auction;

6) place, day and time of acceptance of applications for participation in the auction;

7) place, date and time and procedure for the auction;

8) the period during which the auction winner must sign an agreement for the placement of a non-stationary retail facility.

13. The auction organizer has the right to refuse to hold an auction no later than three calendar days before the day of the auction. A notice of refusal to hold an auction is posted on the official websites of the Tender Committee and the prefecture of the administrative district of Moscow - the organizer of the auction.

14. The auction organizer, within three working days from the date of posting the notice of refusal to hold the auction, is obliged to notify auction participants of his refusal to hold the auction and, within three working days, return the deposits made to the auction participants.

II. Conducting an auction for the right to conclude a contract

for the placement of a non-stationary retail facility

15. The applicant can be any legal entity, regardless of organizational and legal form, form of ownership, location and place of origin of capital, or an individual entrepreneur.

16. To participate in the auction, applicants submit the following documents within the period established in the notice of the auction:

1) an application for participation in the auction in the form established by the auction documentation, indicating the account details for the return of the deposit;

2) extract from the Unified state register legal entities - for legal entities, extract from the Unified State Register individual entrepreneurs- for individual entrepreneurs, issued no later than 6 months before the date of receipt of applications;

3) a document confirming the payment of the deposit.

17. The auction organizer does not have the right to require the presentation of documents other than those specified in paragraph 16 of this Procedure.

18. Acceptance of documents stops no earlier than one day before the day of the auction.

19. One applicant has the right to submit only one application for participation in the auction for each lot.

20. An application for participation in an auction received after the deadline for its acceptance is returned to the applicant on the day it is received.

21. The applicant is not allowed to participate in the auction on the following grounds:

1) failure to provide the documents required for participation in the auction as specified in paragraph 16 of this Procedure or provision of false information;

2) failure to receive the deposit to the account specified in the notice of the auction before the deadline for accepting documents for participation in the auction.

22. Refusal to participate in the auction on grounds other than those specified in paragraph 21 of this Procedure is not permitted.

23. The auction organizer maintains a protocol for accepting applications for participation in the auction, which must contain information about the applicants, the dates for filing applications, the deposits made, as well as information about applicants not allowed to participate in the auction, indicating the reasons for the refusal. The protocol for accepting applications is signed by the auction organizer within one day from the date of the deadline for accepting applications. The applicant becomes a participant in the auction from the moment the auction organizer signs the protocol for accepting applications.

24. Applicants recognized as auction participants and applicants not allowed to participate in the auction are notified of the decision made no later than the next day after the date of registration of this decision in the protocol for accepting applications for participation in the auction.

25. The auction organizer is obliged to return the deposit to the applicant not allowed to participate in the auction within three working days from the date of registration of the protocol for accepting applications for participation in the auction.

26. The applicant has the right to withdraw an application accepted by the auction organizer before the deadline for accepting applications by notifying the auction organizer in writing. The auction organizer is obliged to return the deposit to the applicant within three working days from the date of registration of the withdrawal of the application. If the applicant withdraws the application later than the deadline for accepting applications, the deposit is returned in the manner established for auction participants.

27. The auction organizer keeps an audio recording of the auction procedure.

28. The results of the auction are documented in a protocol, which is signed by the auction organizer and the auction winner on the day of the auction. The protocol on the auction results is drawn up in two copies, one of which is given to the auction winner, and the second remains with the auction organizer. The protocol on the auction results must be kept by the auction organizer for at least three years.

The protocol also indicates:

1) auction item;

2) auction winner;

3) the last auction price for which the auction winner acquired the right to conclude an agreement for the placement of a non-stationary retail facility.

29. Public observers have the right to be present when accepting applications for participation in the auction and conducting the auction. Public observers cannot be individuals:

1) personally interested in the results of the auction (including those who submitted applications for participation in the auction or those on staff of organizations that submitted these applications);

2) who are capable of being influenced by auction participants (including those who are participants (shareholders) of these organizations, members of their management bodies, creditors of auction participants).

30. The auction organizer, within three working days from the date of signing the protocol on the results of the auction, is obliged to return the deposits to the persons who participated in the auction but did not win it.

31. The auction winner and the auction organizer, within ten working days from the date of the auction, sign an agreement for the placement of a non-stationary retail facility, to which is attached a standard architectural solution for a non-stationary retail facility in accordance with the terms of the auction and a situational plan for the placement of a non-stationary retail facility within the boundaries of the location in in accordance with the layout of non-stationary retail facilities.

32. The auction is considered invalid if:

1) less than two participants participated in the auction;

2) not a single application has been submitted for participation in the auction, or if, based on the results of consideration of applications for participation in the auction, a decision has been made to refuse admission to participation in the auction of all participants who submitted applications for participation in the auction.

If, after announcing the starting price of the auction item three times, none of the participants has declared their intention to purchase the auction item at the starting price, the winner is the person whose application for participation in the auction was received first.

33. If the auction is declared invalid for the reason specified in subparagraph 1 of paragraph 32 of this Procedure, the only participant has the right, and the auction organizer is obliged, to enter into an agreement for the placement of a non-stationary retail facility at the starting price of the auction.

34. The auction organizer, in cases where the auction was declared invalid or if an agreement for the placement of a non-stationary retail facility was not concluded with a single auction participant, has the right to announce a repeat auction. In this case, the terms of the auction may be changed.

35. Information about the results of the auction is posted by the auction organizer within three days from the date of signing the protocol on the auction results on the official websites of the Tender Committee and the prefecture of the administrative district of Moscow - the auction organizer.

36. Documentation about the auction is stored in the prefecture of the administrative district of Moscow, which is the organizer of the auction, for at least three years.

III. Terms of the contract for the placement of non-stationary

trade facility and the procedure for its conclusion,

changes and terminations

37. The essential terms of the contract for the placement of a non-stationary retail facility are:

1) the grounds for concluding an agreement for the placement of a non-stationary retail facility;

2) the name of the prefecture of the administrative district of Moscow - the organizer of the auction, which made the decision to hold the auction, and the details of such a decision;

3) the auction price for which the auction winner (the only auction participant) acquired the right to conclude an agreement for the placement of a non-stationary retail facility, as well as the procedure and timing for its payment;

4) location and size of the area of ​​the non-stationary retail facility, type, specialization, period of placement of the non-stationary retail facility;

5) term of the contract;

6) responsibility of the parties.

38. The auction organizer prepares an agreement for the placement of a non-stationary retail facility in accordance with the standard form approved by this resolution, appoints the time and place for its signing. The agreement for the placement of a non-stationary retail facility must comply with the conditions specified in the notice of the auction.

Change essential conditions agreement, as well as transfer or assignment of rights to third parties under such an agreement is not permitted.

39. The agreement for the placement of a non-stationary retail facility is terminated in the following cases:

1) termination of trading activities by an economic entity on its initiative;

2) liquidation of a legal entity that is an economic entity in accordance with the civil legislation of the Russian Federation;

3) termination of activity individual, which is an economic entity, as an individual entrepreneur;

4) by a court decision in the event of a violation by an economic entity of the essential terms of the contract for the placement of a non-stationary retail facility;

5) by agreement of the parties to the contract.

40. The agreement for the placement of a non-stationary retail facility is amended in the event that a non-stationary retail facility is moved from its location to a compensatory location in the prescribed manner.

41. The agreement for the placement of a non-stationary retail facility is subject to storage by the auction organizer for the entire period of its validity.

42. Information about the auction winner and the essential terms of the concluded contract for the placement of a non-stationary retail facility is entered by the prefecture of the administrative district of Moscow into the EGAS Consumer Market Information Support System (SIOPR) within three working days from the date of signing the contract.

Based on the information entered into the SIOPR, the prefecture of the administrative district of Moscow ensures that the winner of the auction is issued a certificate of placement in an automated mode.

The regulations for the issuance of placement certificates by prefectures of administrative districts of the city of Moscow are approved by a resolution of the Moscow Government.

The form of the placement certificate is approved by the Department of Trade and Services of the city of Moscow.

43. An agreement for the placement of a non-stationary retail facility and a certificate of placement are confirmation of the right to carry out trading activities in the place established by the layout of non-stationary retail facilities.

44. At each non-stationary retail facility, during the entire period of operation, a certificate of occupancy must be located and presented at the request of regulatory and supervisory authorities, which is located in a place accessible to customers.

In accordance with paragraph 3 of Article 10 of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” and Decree of the Government of the Russian Federation dated September 29, 2010 N 772 “On approval of the Rules for the inclusion of non-stationary retail facilities located on land plots, in buildings, structures and state-owned structures into the layout of non-stationary retail facilities" The Government of St. Petersburg decides:

1. Approve the Procedure for developing and approving a scheme for the placement of non-stationary retail facilities on land plots that are state owned in St. Petersburg or for which state ownership is not demarcated, according to the appendix.

ConsultantPlus: note.

Clause 2 actually lost force due to the publication of Decree of the Government of St. Petersburg dated September 27, 2012 N 1041, which recognized Decree of the Government of St. Petersburg dated 02.10.2004 N 177 as no longer in force.

2. Introduce the following changes to the Regulations on the Committee for Economic Development, Industrial Policy and Trade, approved by Decree of the Government of St. Petersburg dated February 10, 2004 N 177 “On the Committee for Economic Development, Industrial Policy and Trade (hereinafter referred to as Regulation 1)”:

2.1. Clause 3.70 of Regulation 1 shall be deleted.

2.2. Clause 3.71 of Regulation 1 should be stated as follows:

"3.71. Prepare and submit applications for the inclusion of non-stationary retail facilities located on land plots that are state-owned in St. Petersburg or for which state ownership is not demarcated, in buildings, structures, structures that are state-owned in St. Petersburg, in "layout scheme for non-stationary retail facilities."

2.3. Add Regulation 1 with paragraph 3.71-1 as follows:

"3.71-1. Develop and approve a scheme for the placement of non-stationary retail facilities."

3 - 3.2. No longer in force on January 1, 2018. - Decree of the Government of St. Petersburg dated December 19, 2017 N 1098.

4. To amend the Regulations on the Committee for the Improvement of St. Petersburg, approved by Decree of the Government of St. Petersburg dated June 29, 2010 N 836 “On measures to improve public administration in the field of improvement and road maintenance", stating paragraph 3.43 as follows:

"3.43. To carry out, in the manner established by the Government of St. Petersburg, the preparation of a conclusion on the approval or reasoned refusal to approve the possibility of placing non-stationary retail facilities on land plots that are state owned in St. Petersburg or the state ownership of which is not demarcated, within its competence ".

5. Amend the Regulations on the Committee on Urban Planning and Architecture, approved by Decree of the Government of St. Petersburg dated October 19, 2004 N 1679 “On the Committee on Urban Planning and Architecture”, setting out paragraph 3.13-1 as follows:

"3.13-1. Carry out, in the manner established by the Government of St. Petersburg, the preparation of a conclusion on the approval or reasoned refusal to approve the possibility of placing non-stationary retail facilities on land plots that are state owned in St. Petersburg or the state ownership of which is not demarcated, within its competence."

(see text in the previous edition)

7. To amend the Regulations on the Committee for State Control, Use and Protection of Historical and Cultural Monuments, approved by Decree of the Government of St. Petersburg dated April 28, 2004 N 651 “On the Committee for State Control, Use and Protection of Historical and Cultural Monuments”, setting out paragraph 3.53-1 as follows:

"3.53-1. To carry out, in the manner established by the Government of St. Petersburg, the preparation of a conclusion on the approval or reasoned refusal to approve the possibility of placing non-stationary retail facilities on land plots that are in the state ownership of St. Petersburg or the state ownership of which is not demarcated, within its competence."

8. To amend the Regulations on the Committee on the Press and Interaction with the Media, approved by Decree of the Government of St. Petersburg dated 02.12.2003 N 44 “On the Committee on the Press and Interaction with the Media”, supplementing it with paragraph 3.38-2 with the following content :

"3.38-2. Carry out, in the manner established by the Government of St. Petersburg, the preparation of a conclusion on the approval or reasoned refusal to approve the possibility of placing non-stationary retail facilities on land plots that are in the state ownership of St. Petersburg or the state ownership of which is not demarcated, within its competence."

9. Amend the Regulations on the Construction Committee, approved by Decree of the Government of St. Petersburg dated April 28, 2004 N 650 “On the Construction Committee”, adding clause 3.23-5 with the following content:

"3.23-5. Carry out, in the manner established by the Government of St. Petersburg, the preparation of a conclusion on the approval or reasoned refusal to approve the possibility of placing non-stationary retail facilities on land plots that are in the state ownership of St. Petersburg or the state ownership of which is not demarcated, within its competence."

(see text in the previous edition)

11. In order to optimize the procedure for preparing and making decisions on bidding for the right to conclude lease agreements for land plots and decisions on the provision of land plots without bidding for the placement of non-stationary retail facilities, add an appendix to the Decree of the Government of St. Petersburg dated December 30, 2010 N 1830 “On The procedure for interaction between executive bodies of state power of St. Petersburg when providing land plots for purposes not related to construction" in paragraphs 1.5-1 and 3.5.-1 as follows:

"1.5-1. When the KUGI considers applications and submissions in relation to a land plot intended for the placement of a non-stationary retail facility included in the layout of non-stationary retail facilities (hereinafter referred to as retail facilities), the requests provided for in paragraphs 1.2 and 1.4 of this Procedure are not sent in the event that the purpose of using the land plot specified in the application or submission corresponds to the purpose of using the land plot to locate a retail facility."

"3.5-1. When considering Applications for a land plot intended for the placement of a retail facility included in the layout scheme, the requests provided for in paragraphs 3.2 and 3.4 of this Procedure are not sent if the purpose of use of the land plot is specified in the Application. , corresponds to the purpose of using the land plot to locate a retail facility."

12. The Committee on Land Resources and Land Management of St. Petersburg, within two months, ensure the conclusion of an agreement on information exchange when providing information and information provided for by this resolution, with the Neva-Ladoga Basin Water Administration of the Federal Agency for Water Resources, and also develop and approve within two months placement order executive bodies state power of St. Petersburg in the regional information system, containing information about real estate objects and land management objects "Geographic information system of St. Petersburg" information about land plots that are state-owned in St. Petersburg or for which state ownership is not demarcated, proposed for inclusion in the layout of non-stationary retail facilities, as well as the procedure for access and activation of the specified information.

13. The Committee for the Development of Entrepreneurship and the Consumer Market of St. Petersburg must ensure the creation of working group to resolve disagreements that arise when making decisions on approving the inclusion of non-stationary retail facilities in the layout of non-stationary retail facilities.

(see text in the previous edition)

14. The resolution comes into force on the date of official publication.

15. To recognize as invalid from the date of entry into force of the order of the Committee for Economic Development, Industrial Policy and Trade on approval of the layout of non-stationary retail facilities:

Decree of the Government of St. Petersburg dated 05.05.2010 N 554 “On measures to implement the Law of St. Petersburg “On the provision of land plots for the placement of temporary (non-capital) objects of the consumer market”;

On the placement of non-stationary retail facilities located in the city of Moscow on land plots, in buildings, structures and structures owned by the state

In accordance with Federal Law dated December 28, 2009 N 381-FZ “On the fundamentals of state regulation of trade activities in the Russian Federation”, Decree of the Government of the Russian Federation dated September 29, 2010 N 772 “On approval of the Rules for the inclusion of non-stationary retail facilities located on land plots, in buildings, structures and structures owned by the state, into the layout of non-stationary retail facilities" The Moscow Government decides:

1. Approve:

1.1. The procedure for developing and approving a scheme for the placement of non-stationary retail facilities located in the city of Moscow on land plots, in buildings, structures and structures owned by the state ().

1.2. The procedure for organizing and conducting an auction for the right to conclude an agreement for the placement of a non-stationary retail facility and concluding an agreement for the placement of a non-stationary retail facility ().

1.3. Standard form of agreement for the placement of a non-stationary retail facility ().

2. To assign to the prefectures of the administrative districts of the city of Moscow the functions of state customers of works to ensure the improvement and equipment of the locations of non-stationary retail facilities in accordance with the approved placement schemes at the expense and within the limits of the funds provided in the budget of the city of Moscow for the improvement of the territory of the administrative district of the city of Moscow.

3. The Deputy Mayor of Moscow in the Moscow Government on issues of working with the media, interregional cooperation, sports and tourism, advertising should provide information support for the implementation of events in accordance with this resolution.

4. Establish that the regulatory legal acts of the city of Moscow governing the placement of non-stationary retail facilities are applied to the extent that does not contradict this resolution.

5. Amend the Moscow Government Resolution No. 1139-PP dated December 16, 2008 “On approval of the Regulations on the placement and installation in the territory of the city of Moscow of objects that are not capital construction projects” (as amended by the Moscow Government Resolutions dated May 26, 2009 N 499-PP, dated June 23, 2009 N 588-PP, dated March 9, 2010 N 203-PP, dated July 27, 2010 N 629-PP):

5.1. Clause 1 of Section II to the resolution is declared invalid.

5.2. In paragraph 15 of Section III to the resolution, the words “Small retail trade kiosks, bus stop pavilions, public transport outlets” should be deleted.

5.3. Clauses 16, 17, 18 of Section III to the resolution are declared invalid.

5.4. Clause 4 of Section IV to the resolution is declared invalid.

6. To recognize as invalid:

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

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

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

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

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

6.6. Paragraphs 1, 3 of the resolution of the Moscow Government of March 9, 2010 N 203-PP “On introducing amendments and invalidating certain provisions of the resolutions of the Moscow Government.”

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

7. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Moscow Government for Economic Policy A.V. Sharonov.

Mayor of Moscow

S.S. Sobyanin

Appendix 1

Order
development and approval of a scheme for the placement of non-stationary retail facilities located in the city of Moscow on land plots, in buildings, structures and structures owned by the state

I. General provisions

1. This procedure was developed in accordance with Article 10 of the Federal Law of December 28, 2009 N 381-FZ “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation”, Resolution of the Government of the Russian Federation dated September 29, 2010 N 772 “On approval of the Rules for inclusion non-stationary retail facilities located on land plots, in buildings, structures and structures owned by the state, into the layout of non-stationary retail facilities" and establishes a procedure for the development and approval by executive authorities of the city of Moscow of a layout scheme for non-stationary retail facilities on land plots, in buildings , buildings, structures owned by the state (hereinafter referred to as the layout of non-stationary retail facilities).

2. The placement of non-stationary retail facilities in the city of Moscow on land plots, in buildings, structures, and structures owned by the state is carried out in accordance with the layout of non-stationary retail facilities, taking into account the need to ensure sustainable development of territories, including eliminating the negative impact of facilities on pedestrian and transport infrastructure, and achieving the standards established by the Moscow Government for the minimum provision of the population with retail space in the city of Moscow.

3. The placement of non-stationary retail facilities is carried out:

1) for non-stationary retail facilities on land plots that are state-owned by the city of Moscow or for which state ownership is not demarcated - on the basis of an agreement for the placement of a non-stationary retail facility in accordance with this resolution.

An economic entity that has a valid lease agreement for a land plot in a location established by the layout of non-stationary retail facilities has the right to draw up an agreement for the placement of a non-stationary retail facility in accordance with this resolution. The price of the contract for the placement of a non-stationary retail facility is determined in accordance with the methodology approved by the Moscow Government (clause 8 to this resolution);

2) for non-stationary retail facilities in buildings, structures, and structures owned by the state - on the basis of a lease agreement and other agreements in accordance with civil law.

4. Non-stationary retail facilities include retail facilities that are temporary structures or temporary structures that are not firmly connected to the land plot, regardless of whether or not they are connected to utility networks:

1) pavilion - a temporary structure with a sales floor and premises for storing inventory, designed for one or more workplaces;

2) kiosk - a temporary structure equipped with commercial equipment, which does not have a sales floor and premises for storing goods, designed for one workplace of the seller, on the area of ​​​​which inventory is stored;

3) vending machine - a temporary technical structure or structure intended for the sale of piece goods without the participation of the seller;

4) melon store - a specially equipped temporary structure, which is a platform for selling melons;

5) Christmas tree bazaar - a specially equipped temporary structure, which is a platform for the sale of natural fir trees and pine trees;

6) seasonal cafes - a specially equipped temporary structure, including at a stationary enterprise, which is a site for the placement of a public catering establishment for additional food service and (or without) rest for consumers;

7) mobile structures: auto shops (auto shops, trailers), auto cafes, insulated containers and tanks, carts, trays, tents, baskets and other special devices.

5. This procedure does not apply to the temporary placement of non-stationary retail facilities during sports, entertainment, cultural and other events, the placement of peddlers of sellers carrying out peddling trade with the use of special equipment, which are regulated by separate legal acts of the city of Moscow.

II. Requirements for developing a layout scheme for non-stationary retail facilities

6. The layout of non-stationary retail facilities must contain the type of non-stationary retail facility, the location and size of the area where the non-stationary retail facility is located, specialization, period of placement, as well as information about non-stationary retail facilities used by small or medium-sized businesses carrying out trading activities.

7. The layout of non-stationary retail facilities should provide for the placement of at least sixty percent of non-stationary retail facilities used by small or medium-sized businesses engaged in trading activities, of the total number of non-stationary retail facilities.

8. Specialization of a non-stationary trading facility is a trading activity in which eighty or more percent of all goods (services) offered for sale of their total quantity are goods (services) of one group. Sales of other additional groups of goods (services) are carried out in accordance with the established nomenclature.

The specialization of a non-stationary retail facility is indicated in the name of the non-stationary retail facility: “Milk”, “Bread”, “Groceries”, “Gastronomy”, “Confectionery”, “Fish”, “Vegetables and Fruits”, “Printing”, “Flowers”, “Travel tickets”, “Theater tickets”, “Ice cream”, “Kvass”, “Cafe”, “Shoe repair”, “Shoe shine”, “Inquiries”, “Rental”, “Pharmacy kiosk”, etc.

When carrying out trading activities in a non-stationary retail facility, the specialization of the non-stationary retail facility, the minimum assortment list that must be constantly on sale, and the nomenclature of additional groups of goods in accordance with the specialization must be observed.

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.

9. The placement period is established in the layout of non-stationary retail facilities for each location of a non-stationary retail facility, taking into account the following features regarding the placement of certain types of non-stationary retail facilities:

1) for places where mobile structures are located for the sale of flowers, vegetables, fruits, ice cream, soft drinks, kvass, including bottling, the placement period is set from April 1 to November 1;

2) for the locations of Christmas tree markets, the placement period is set from December 20 to December 31;

3) for places where melons and melons are placed, the placement period is set from August 1 to November 1;

4) for other non-stationary retail facilities, with the exception of those provided for in subparagraphs 1-3 of this paragraph - taking into account the need to ensure sustainable development of the territories, but not more than 3 years.

10. It is not allowed to include the following locations in the layout of non-stationary retail facilities:

1) in a 25-meter zone from the perimeter of technical structures and ground vestibules of metro stations, with the exception of vending machines at metro stations and kiosks specializing in: sale of periodical printed materials, theater tickets, tickets for urban passenger transport, pharmaceutical goods, provision of information services;

2) in the arches of buildings, on lawns, flower beds, playgrounds (for children, recreation, sports) closer than 5 meters from the windows of buildings and shop windows of stationary retail facilities;

3) in the security zone of utility networks, under railway overpasses and road overpasses, as well as in a 5-meter security zone from entrances (exits) to underground pedestrian crossings.

11. In cases of placement of non-stationary objects within the red lines of streets and roads, their placement is possible only on a paved (asphalted) area within the boundaries of the sidewalk and subject to the free width of passage along the sidewalk (including in the presence of lighting poles and other supports, tree trunks) along the main direction of pedestrian movement at least 3 meters, and in the transverse direction and from the outermost element of the object to the edge of the roadway at least 1.5 meters.

12. When determining the location and size of the area of ​​the location of a non-stationary retail facility in the layout of non-stationary retail facilities, the prefectures of the administrative districts of the city of Moscow provide landscaping and equipment for the locations of non-stationary retail facilities, including:

1) improvement of the site for the placement of a non-stationary retail facility and the adjacent territory;

2) the ability to connect non-stationary retail facilities to engineering support networks;

3) convenient access for vehicles that does not interfere with the passage of pedestrians, drive-in pockets;

4) unhindered passage of fire and medical transport, vehicles of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief to existing buildings, structures and structures.

13. The Moscow City Architecture Committee, based on proposals from the prefectures of the administrative districts of the city of Moscow, is developing a draft scheme for the placement of non-stationary retail facilities in the context of administrative districts/districts of the city of Moscow, and if it is necessary to refine the draft scheme, it makes the necessary changes to the specified project.

III. Requirements for approval of layout schemes for non-stationary retail facilities

14. After developing a draft scheme for the placement of non-stationary retail facilities in the context of administrative districts/districts of the city of Moscow, within 5 working days the Moskomarkhitektura sends a draft scheme for the placement of non-stationary retail facilities to the prefecture of the administrative district of the city of Moscow.

15 . After receiving a draft scheme for the placement of non-stationary retail facilities, the prefecture of the administrative district of Moscow, within up to 3 working days, places it on its official website on the Internet information and telecommunications network (indicating the address and a period of at least 14 calendar days for sending comments and suggestions) and sends for approval to:

1) Department of Transport and Development of Road Transport Infrastructure of the City of Moscow;

2) Department of Natural Resources Management and Environmental Protection of the City of Moscow (in case of placement of objects in natural and green areas and within the boundaries of specially protected natural areas);

3) Department of Cultural Heritage of the City of Moscow (in case of placement of objects within the boundaries of territories and protection zones of cultural heritage objects).

16. The period for approval of the draft layout of non-stationary retail facilities is no more than 14 calendar days from the date of receipt by the organizations specified in this Procedure.

In the event of failure to submit information on approval within the deadlines, the draft layout of non-stationary retail facilities is considered agreed upon by default.

17. Simultaneously with sending the draft scheme for the placement of non-stationary retail facilities for approval to the organizations specified in this Procedure, the prefecture of the administrative district of the city of Moscow sends the draft scheme for the placement of non-stationary retail facilities to the municipal assemblies of intra-city municipalities.

18. The period for approval of a draft scheme for the placement of non-stationary retail facilities by municipal assemblies of intra-city municipalities is no more than 21 calendar days from the date of their receipt by the municipal assembly of the intra-city municipal formation.

19. The decision to approve the draft scheme for the placement of non-stationary retail facilities is approved by a decision (legal act) of the municipal assembly of the intracity municipality.

20. After receiving all visa approvals, the prefect of the administrative district of Moscow, within up to 3 working days, sends a draft scheme for the placement of non-stationary retail facilities to the Interdepartmental Commission on Consumer Market Issues under the Moscow Government.

If there are unaccounted comments from approving organizations and comments received from citizens and organizations within the deadline established on the official website on the Internet, a list of disagreements with justification for the decision is attached to the draft layout of non-stationary retail facilities.

21. The Interdepartmental Commission on Consumer Market Issues under the Moscow Government, within 30 working days, reviews the draft scheme for the placement of non-stationary retail facilities and makes a decision on approval or the need for its modification.

22. The draft scheme for the placement of non-stationary retail facilities, approved by the Interdepartmental Commission on Consumer Market Issues under the Moscow Government, is approved within up to 3 working days by order of the prefect of the administrative district of the city of Moscow.

23. To include non-stationary retail facilities in the layout of non-stationary retail facilities (to make changes to the layout of non-stationary retail facilities), the prefecture of the administrative district of Moscow sends to the Moscow Government or to the federal executive body exercising the powers of the property owner an application indicating the proposed changes and justification for the need to make such changes, including indicating:

a) standards and actual indicators of the minimum provision of the population with the area of ​​retail facilities in the territory of the administrative district/region;

b) the purposes of using non-stationary retail facilities included in the layout - specialization of non-stationary retail facilities;

c) types of non-stationary retail facilities planned for inclusion in the layout;

d) the planned timing (period) of placement of non-stationary retail facilities.

24. In the event of a change in the urban planning situation before the expiration of the placement period established in the layout of a non-stationary retail facility and the need in this regard to make changes to the layout of non-stationary retail facilities, the prefecture of the administrative district of the city of Moscow submits proposals for moving the non-stationary retail facility from its location to compensatory placement.

25. The Interdepartmental Commission on Consumer Market Issues under the Moscow Government, on behalf of the Moscow Government, or the federal executive body exercising the powers of the property owner, considers the application of the prefecture of the administrative district of the city of Moscow within 30 working days and makes a decision on approving the inclusion of non-stationary retail facilities (making changes ) to the layout plan or refusal of such approval.

26. The decision of the Interdepartmental Commission on Consumer Market Issues under the Moscow Government or the federal executive body exercising the powers of the property owner to approve the inclusion of non-stationary retail facilities (amendments) in the layout scheme is sent in writing to the prefecture of the administrative district of the city of Moscow and within 3 working days is approved by order of the prefect of the administrative district of Moscow.

27. Schemes for the placement of non-stationary retail facilities and changes made to them are subject to publication in the manner established for the official publication of orders of the prefects of the administrative districts of the city of Moscow, as well as posting on the official websites of the Department of Trade and Services of the city of Moscow and the prefectures of the administrative districts of the city of Moscow in the information and telecommunications Internet network within 3 working days after their approval.

Appendix 2

Order
organizing and conducting an auction for the right to conclude an agreement for the placement of a non-stationary retail facility and to conclude an agreement for the placement of a non-stationary retail facility

I. Organization of an auction for the right to conclude an agreement for the placement of a non-stationary retail facility

1. After approval in the prescribed manner of the layout of non-stationary retail facilities, the prefecture of the administrative district of the city of Moscow selects business entities to organize trading activities in the places determined by the layout of non-stationary retail facilities.

2. The selection of business entities is carried out by holding an open auction, the subject of which is the right to conclude an agreement for the placement of a non-stationary retail facility in places determined by the layout of non-stationary retail facilities.

3. For the purposes of this resolution, an open auction is understood as a tender, the winner of which is the person who offered the highest price for the right to conclude an agreement for the placement of a non-stationary retail facility (hereinafter referred to as the auction).

4. There is no fee for participating in the auction.

5. The prefecture of the administrative district of Moscow (hereinafter referred to as the auction organizer) acts as the auction organizer.

6. The auction organizer develops and approves auction documentation, determines the starting price of the auction item, the amount of the deposit for participation in the auction, establishes the time, place and procedure for the auction, the form and deadlines for filing applications for participation in the auction, the procedure for making and returning the deposit, the amount of increase the initial price of the auction item ("auction step").

7. The “auction step” is set in the range from one percent to five percent of the initial price of the auction item.

8. The starting price of the auction item is determined by the auction organizer in accordance with the methodology approved by the Moscow Government.

9. The amount of the deposit for participation in the auction cannot be more than 20 percent of the starting price of the auction item.

10. The auction organizer, no less than thirty calendar days before the day of the auction, must post a notice of the auction and auction documentation, including a draft agreement for the placement of a non-stationary retail facility, on the official website of the Tender Committee and the prefecture of the administrative district of Moscow, the organizer of the auction.

11 . The notice of the auction must contain information:

1) about the auction organizer who made the decision to hold the auction, about the details of the said decision;

2) about the place, date, time and procedure for the auction;

3) about the subject of the auction, including auction lots, including:

location and size of the area of ​​the non-stationary retail facility,

type of non-stationary retail facility,

specialization

placement period,

an indication of whether the auction is being held among small or medium-sized businesses engaged in trading activities;

4) on the initial price of the auction item, as well as on the deadline and procedure for entering the final price of the auction item, which should provide for its payment in equal parts and time intervals throughout the entire period of placement of the non-stationary retail facility;

5) about the “auction step”;

6) on the application form for participation in the auction, on the procedure for acceptance, on the address of the place of acceptance, on the date and time of the beginning and end of acceptance of applications for participation in the auction;

7) about the amount of the deposit, about the procedure for making it by auction participants and returning it to them, about the account details for transferring the deposit;

8) on the possibility of connecting a non-stationary retail facility to engineering support networks;

9) on the requirements for maintenance and cleaning of the territory.

2) standard architectural solutions for non-stationary retail facilities;

3) requirements for the content, composition, design and form of an application for participation in the auction, instructions for filling it out;

4) the procedure, place, start date and end date of the deadline for filing applications for participation in the auction;

5) the procedure and deadline for withdrawing applications for participation in the auction;

6) place, day and time of acceptance of applications for participation in the auction;

7) place, date and time and procedure for the auction;

8) the period during which the auction winner must sign an agreement for the placement of a non-stationary retail facility.

13. The auction organizer has the right to refuse to hold an auction no later than three calendar days before the day of the auction. A notice of refusal to hold an auction is posted on the official websites of the Tender Committee and the prefecture of the administrative district of Moscow, the organizer of the auction.

14. The auction organizer, within three working days from the date of posting the notice of refusal to hold the auction, is obliged to notify auction participants of his refusal to hold the auction and, within three working days, return the deposits made to the auction participants.

II. Conducting an auction for the right to conclude an agreement for the placement of a non-stationary retail facility

15. The applicant can be any legal entity, regardless of organizational and legal form, form of ownership, location and place of origin of capital, or an individual entrepreneur.

16 . To participate in the auction, applicants submit the following documents within the period specified in the notice of the auction:

1) an application for participation in the auction in the form established by the auction documentation, indicating the account details for the return of the deposit;

2) an extract from the unified state register of legal entities - for legal entities, an extract from the unified state register of individual entrepreneurs - for individual entrepreneurs, issued no later than 6 months before the date of receipt of applications;

3) a document confirming the payment of the deposit.

17. The auction organizer has no right to require the presentation of documents other than those specified in this Procedure.

18. Acceptance of documents stops no earlier than one day before the day of the auction.

19. One applicant has the right to submit only one application for participation in the auction for each lot.

20. An application for participation in an auction received after the deadline for its acceptance is returned to the applicant on the day it is received.

21. The applicant is not allowed to participate in the auction on the following grounds:

1) failure to provide the documents required for participation in the auction specified in this Procedure or provision of false information;

2) failure to receive the deposit to the account specified in the notice of the auction before the deadline for accepting documents for participation in the auction.

22. Refusal to participate in the auction on grounds other than those specified in this Procedure is not permitted.

23. The auction organizer maintains a protocol for accepting applications for participation in the auction, which must contain information about the applicants, the dates for filing applications, the deposits made, as well as information about applicants not allowed to participate in the auction, indicating the reasons for the refusal. The protocol for accepting applications is signed by the auction organizer within one day from the date of the deadline for accepting applications. The applicant becomes a participant in the auction from the moment the auction organizer signs the protocol for accepting applications.

24. Applicants recognized as auction participants and applicants not allowed to participate in the auction are notified of the decision made no later than the next day after the date of registration of this decision in the protocol for accepting applications for participation in the auction.

25. The auction organizer is obliged to return the deposit to the applicant not allowed to participate in the auction within three working days from the date of registration of the protocol for accepting applications for participation in the auction.

26. The applicant has the right to withdraw an application accepted by the auction organizer before the deadline for accepting applications by notifying the auction organizer in writing. The auction organizer is obliged to return the deposit to the applicant within three working days from the date of registration of the withdrawal of the application. If the applicant withdraws the application later than the deadline for accepting applications, the deposit is returned in the manner established for auction participants.

27. The auction organizer keeps an audio recording of the auction procedure.

28. The results of the auction are documented in a protocol, which is signed by the auction organizer and the auction winner on the day of the auction. The protocol on the auction results is drawn up in two copies, one of which is given to the auction winner, and the second remains with the auction organizer. The protocol on the auction results must be kept by the auction organizer for at least three years.

The protocol also indicates:

1) auction item;

2) auction winner;

3) the last auction price for which the auction winner acquired the right to conclude an agreement for the placement of a non-stationary retail facility.

29. Public observers have the right to be present when accepting applications for participation in the auction and conducting the auction. Public observers cannot be individuals:

1) personally interested in the results of the auction (including those who submitted applications for participation in the auction, or those who are on the staff of organizations that submitted these applications);

2) who are capable of being influenced by auction participants (including those who are participants (shareholders) of these organizations, members of their management bodies, creditors of auction participants).

30. The auction organizer, within three working days from the date of signing the protocol on the results of the auction, is obliged to return the deposits to the persons who participated in the auction but did not win it.

31. The auction winner and the auction organizer, within ten working days from the date of the auction, sign an agreement for the placement of a non-stationary retail facility, to which is attached a standard architectural solution for a non-stationary retail facility in accordance with the terms of the auction and a situational plan for the placement of a non-stationary retail facility within the boundaries of the location in in accordance with the layout of non-stationary retail facilities.

32. The auction is considered invalid if:

1) less than two participants participated in the auction;

2) not a single application has been submitted for participation in the auction, or if, based on the results of consideration of applications for participation in the auction, a decision has been made to refuse admission to participation in the auction of all participants who submitted applications for participation in the auction.

If, after announcing the starting price of the auction item three times, none of the participants has declared their intention to purchase the auction item at the starting price, the winner is the person whose application for participation in the auction was received first.

33. If the auction is declared invalid for the reason specified in subparagraph 1 of paragraph 32 of this Procedure, the only participant has the right, and the auction organizer is obliged, to enter into an agreement for the placement of a non-stationary retail facility at the starting price of the auction.

34. The auction organizer, in cases where the auction was declared invalid or if an agreement for the placement of a non-stationary retail facility was not concluded with a single auction participant, has the right to announce a repeat auction. In this case, the terms of the auction may be changed.

35. Information about the results of the auction is posted by the auction organizer within three days from the date of signing the protocol on the auction results on the official websites of the Tender Committee and the prefecture of the administrative district of Moscow - the auction organizer.

36. Documentation about the auction is stored in the prefecture of the administrative district of Moscow, which is the organizer of the auction, for at least three years.

III. Terms of the contract for the placement of a non-stationary retail facility and the procedure for its conclusion, modification and termination

37. The essential terms of the contract for the placement of a non-stationary retail facility are:

1) the grounds for concluding an agreement for the placement of a non-stationary retail facility;

2) the name of the prefecture of the administrative district of Moscow, the organizer of the auction, which made the decision to hold the auction and the details of such a decision;

3) the auction price for which the auction winner (the only auction participant) acquired the right to conclude an agreement for the placement of a non-stationary retail facility, as well as the procedure and timing for its payment;

4) location and size of the area of ​​the non-stationary retail facility, type, specialization, period of placement of the non-stationary retail facility;

5) term of the contract;

6) responsibility of the parties.

38. The auction organizer prepares an agreement for the placement of a non-stationary retail facility in accordance with the standard form approved by this resolution, appoints the time and place for its signing. The agreement for the placement of a non-stationary retail facility must comply with the conditions specified in the notice of the auction.

Changing the essential terms of the agreement, as well as transferring or assigning rights to third parties under such an agreement is not permitted.

39. The agreement for the placement of a non-stationary retail facility is terminated in the following cases:

1) termination of trading activities by an economic entity on its initiative;

2) liquidation of a legal entity that is an economic entity in accordance with the civil legislation of the Russian Federation;

3) termination of the activities of an individual who is an economic entity as an individual entrepreneur;

4) by a court decision in the event of a violation by an economic entity of the essential terms of the contract for the placement of a non-stationary retail facility;

5) by agreement of the parties to the contract.

40. The agreement for the placement of a non-stationary retail facility is amended in the event that a non-stationary retail facility is moved from its location to a compensatory location in the prescribed manner.

41. The agreement for the placement of a non-stationary retail facility is subject to storage by the auction organizer for the entire period of its validity.

42. Information about the auction winner and the essential terms of the concluded contract for the placement of a non-stationary retail facility is entered by the prefecture of the administrative district of Moscow into the EGAS Consumer Market Information Support System (SIOPR) within three working days from the date of signing the contract.

Based on the information entered into the SIOPR, the prefecture of the administrative district of Moscow ensures that the winner of the auction is issued a certificate of placement in an automated mode.

The regulations for the issuance of placement certificates by prefectures of administrative districts of the city of Moscow are approved by a resolution of the Moscow Government.

The form of the placement certificate is approved by the Department of Trade and Services of the city of Moscow.

43. An agreement for the placement of a non-stationary retail facility and a certificate of placement are confirmation of the right to carry out trading activities in the place established by the layout of non-stationary retail facilities.

acting on the basis of _____________________________________, hereinafter referred to as the “Prefecture”, on the other hand, and together referred to as the “Parties”, based on the results of an auction for the right to conclude an agreement for the placement of non-stationary retail facilities (full name of the auction and details of the prefecture’s decision to hold an auction) and on Based on the protocol on the results of auction No. __________ dated __________________, we entered into this agreement as follows:

1. Subject of the agreement

1.1 . The Prefecture grants the Entrepreneur the right to place a non-stationary retail facility: _________________________________________________________

(type and specialization of the object)

_________________________________________________________________________

(object location)

in accordance with the situational plan for the placement of a non-stationary retail facility and a standard architectural solution, which are integral parts of this agreement, and the Entrepreneur undertakes to locate and ensure the operation of the facility during the entire period of validity of this agreement on the terms and in the manner provided for in accordance with this agreement, federal legislation and legislation city ​​of Moscow.

1.2. This agreement for the placement of a non-stationary retail facility is a confirmation of the Entrepreneur’s right to carry out trading activities in the place established by the layout of non-stationary retail facilities and this agreement.

1.3. The object placement period is set with "___" _____________

G. by "___" _____________ _____ g.

2. Fee for placing an object and payment procedure

2.1. The fee for placing an object is set in the amount of the final auction price for which the Entrepreneur acquired the right to conclude this agreement and amounts to _________________________________.

2.2. Annually, no later than __________ The entrepreneur contributes ______%

the auction price specified in clause 2.1 of this agreement by transferring funds to the account of the Prefecture specified in clause ____ of this agreement.

2.3. The amount of the fee for placing an object cannot be changed by agreement of the parties.

3. Rights and obligations of the Parties

3.1. An entrepreneur has the right:

3.1.1. Place the object at its location in accordance with this agreement.

3.1.2. Use the Facility to carry out trading activities in accordance with the requirements of federal legislation and the legislation of the city of Moscow.

3.1.3. In the event of a change in the urban planning situation and, in connection with this, changes are made to the layout of non-stationary retail facilities, move the Object from its location to a compensatory location.

3.2. The entrepreneur is obliged:

3.2.1. Pay the fee for placing the Object in a timely manner.

3.2.2. Maintain the type and specialization, location and size of the Object during the established period of placement of the Object.

3.2.3. Ensure the operation of the facility in accordance with the requirements of this agreement, auction documentation and the requirements of federal legislation and the legislation of the city of Moscow.

3.2.4. Ensure conservation appearance and registration of the Object during the entire validity period of this agreement.

3.2.5. Ensure compliance with sanitary standards and regulations, removal of garbage and other waste from the use of the facility.

3.2.6. When locating the Object, comply with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations.

3.2.7. Use the Object in ways that do not harm the environment.

3.2.8. Avoid contamination and littering of the location of the Object.

3.2.9. Do not allow the transfer of rights under this agreement to third parties

persons.

3.2.10. Upon termination of the contract, within 1 day, ensure the dismantling and removal of the Object from its location.

3.2.11. If the Facility is structurally combined with other non-stationary retail facilities, ensure the dismantling of the Facility without damaging other non-stationary retail facilities.

3.3. The prefecture has the right:

3.3.1. At any time during the validity of the agreement, check the Entrepreneur’s compliance with the requirements of this agreement at the location of the Object.

3.3.2. Demand termination of the contract and compensation for damages if the Entrepreneur places the Object not in accordance with its type, specialization, placement period, scheme and other terms of this contract.

3.3.3. If the Entrepreneur refuses to dismantle and remove the Object upon termination of the contract in the prescribed manner, independently carry out these actions at the expense of the Entrepreneur and ensure responsible storage of the Object.

3.3.4. In the event of a change in the urban planning situation and, in connection with this, changes are made to the layout of non-stationary retail facilities, move the Object from its location to a compensatory location.

3.4. The Prefecture is obliged to provide the Entrepreneur with the right to place the Object in accordance with the terms of this agreement.

4. Duration of the contract

4.1. This agreement is valid from the moment it is signed by the parties until "___" ___________ 20 ___, and in terms of fulfillment of payment obligations - until the fulfillment of such obligations.

4.2. Either Party has the right to cancel this agreement at any time by notifying the other Party at least 10 days in advance.

5. Responsibility of the parties

5.1. In case of failure or improper execution obligations under this agreement, the Parties bear responsibility in accordance with the current legislation of the Russian Federation.

5.2. In case of delay in payment of payments, the Entrepreneur is obliged to pay a penalty to the Prefecture in the amount of ______% of the debt amount for each day of delay.

5.3. If the Object is placed in violation of its type, specialization, location and period of operation, the Entrepreneur shall pay the Prefecture a fine in the amount of ______% of the contract fee and compensate for all losses caused by this.

6. Change and termination of the agreement

6.1. By agreement of the Parties, this agreement may be amended. In this case, changes to the essential terms of the contract are not allowed:

1) the grounds for concluding an agreement for the placement of a non-stationary retail facility;

2) the name of the prefecture of the administrative district of Moscow, the organizer of the auction, which made the decision to hold the auction and the details of such a decision;

3) the auction price for which the auction winner (the only auction participant) acquired the right to conclude an agreement for the placement of a non-stationary retail facility, as well as the procedure and timing for its payment;

4) location address (location and area size of the non-stationary retail facility), type, specialization, period of placement of the non-stationary retail facility;

5) term of the contract;

6) responsibility of the parties.

6.2. Amendments to this agreement are made by concluding an additional agreement signed by the parties.

6.3. This agreement is terminated in the following cases:

1) termination of trading activities by the Entrepreneur on his initiative;

2) liquidation of a legal entity that is an economic entity in accordance with the civil legislation of the Russian Federation;

3) termination of the activities of an individual who is an economic entity as an individual entrepreneur;

4) by a court decision in the event of a violation by the Entrepreneur of the essential terms of the agreement for the placement of a non-stationary retail facility;

5) by agreement of the parties to the agreement;

6.4. This agreement may be amended if the Object is moved from its location to a compensatory location.

7. Final provisions

7.1. Any disputes arising from this agreement or in connection with it are resolved by the parties through negotiations, and in case of failure to reach agreement, they are referred to Arbitration Court the city of Moscow in the prescribed manner.

7.2. This agreement is drawn up in 2 copies having equal legal force - one for each of the Parties, one of which is kept in the Prefecture for at least 3 years from the date of its signing by the parties.

7.3. The annexes to the agreement constitute its integral part.

Appendix 1 - situational plan for the placement of a non-stationary retail facility.

Appendix 2 - typical architectural solution for the facility.

8. Details and signatures of the Parties

Entrepreneur Prefecture ___________________

administrative district

Moscow cities

____________________________________________________________

SignatureSignature