Resolution 1045 on the placement of non-stationary shopping facilities. On the placement of non-stationary trade objects. I. Organization of an auction for the right to conclude an agreement for the placement of a non-stationary shopping facility

The long-awaited changes to Resolution 1045, which regulates the placement of non-stationary trade objects, were approved by Georgy Poltavchenko on June 4. Entrepreneurs who are directly affected by the law believe that some problems still remain unresolved.

At the beginning of May, the Committee for the Management of City Property of St. Petersburg, in its resolution No. 1045, correcting the procedure for placing objects consumer market... And already on June 4, the document by the governor. As a reminder, in the course of the adjustments, the requirements for the placement of kiosks have significantly softened.

Thus, the number of highways on which objects can be placed has increased. Also outlets now can be located near medical organizations and sports facilities. In addition, periodical kiosks have a special advantage: they can be installed at any distance from organs. state power and educational institutions. The last and most significant change was the permission to place kiosks on sidewalks while maintaining a pedestrian passage of at least 1.5 meters.

Elena Saltykova, General Director of Pressa LLC, confirms that the adjustments to Resolution No. 1045, despite the significant improvement in the situation, still do not solve all the problems: “The changes, of course, are encouraging. All the same, this is an indulgence for our business, and in general for small business. There are generally good preferences for periodicals kiosks, '' Saltykova explained in a commentary to Lenizdat.Ru. - But our biggest headache is the requirement for the appearance of the kiosks, which again needs to be changed. And the second is the agreement with the State Unitary Enterprise TEK. This is the biggest stumbling block associated with networks ( according to Resolution No. 1045, non-stationary objects must be located at a certain distance from the security zones of engineering networks. - approx. Lenizdat.Ru), which the government also needs to decide. We can go through all the parameters, and the State Unitary Enterprise TEK will eventually "hack to death" us. All our kiosks comply with the security zone, we do not stand on pipes. But, nevertheless, they refuse to agree on the point. One thing pleases: that Elgiz Idrisovich (Chairman of the Committee for the Development of Entrepreneurship and the Consumer Market of St. Petersburg - Lenizdat.Ru) announced that the entire targeted program will be included in 1045 ".

Elena Saltykova believes that the new amendments to the document have partially removed the tension existing on the market: “Indeed, each address is considered. I do not yet know how the mechanism for providing alternative addresses will work, but it is clear that the city is working on this, that a dialogue is underway. And I really like that those who conduct illegal trade, ignoring the rules and agreements, have become much less. Problems still remain, of course, but the main thing is that we survived in these conditions and made changes. Here I would like to say special thanks to both the deputies and the media that covered this problem. "

In addition to the distributors of periodicals themselves, the new edition was also appreciated by representatives of state structures... Elena Tsereteli, Chairperson of the Public Council for the Development of Small Business under the Governor of St. Petersburg, believes that everything that the Public Council advocated was taken into account when correcting the resolution: “Of course, the changes made are positive and very long-awaited. Because our structure has been working hard with this document for two years precisely from the point of view of the adjustments that have been reflected in it today ”.

The key point, in the opinion of Elena Tsereteli, can be considered the fact that today an end has been put in the discussion about the need to form new placement schemes that did not take into account the previously erected objects: it is written that any new layout, address program must include existing, previously erected facilities in accordance with the rules that were adopted before the adoption of the next regulatory legal act. We insisted on this point of view and supported it. As for private things, it seems to me important here that the document found the use of temporary objects as multifunctional. Another point: among the list of social facilities, next to which temporary facilities cannot be placed, sports and educational facilities are excluded. This is also very important, the list of highways on which temporary objects cannot be installed has been reduced. And a very important point was the placement of temporary objects next to social ones. Previously, the distance was set at 50 meters, now it has been reduced to 25. Business is heard. In fact, by this decision, 7 thousand city objects were preserved. This figure is announced by the city, the committee. And if these changes were not made, then the number of objects has decreased by half, so draw conclusions, how many jobs people would lose. "

Anna Filonenko, head of the Public Reception Office of the Investigative Department of the Investigative Committee of the Russian Federation, also notes the importance of changing the resolution: “The adjusted resolution makes some concessions, certain positions have been revised. But the placement scheme, which the prosecutor's office is not challenging Resolution No. 1045, but an order approving the 2010-r scheme. Its essence is that it is impossible to reconsider the validity of placing an object if it is already there, in accordance with federal law. That is, if it is legally included in the address program, has received all the approvals, and so on, then it is impossible to say, they say, we drew a red line here, and you are standing here, so leave. And the prosecutor's office disputed that the new scheme did not include those who had valid contract... In this regard, there was even an instruction from the governor to bring all this in line with federal law. Now, as far as I understand, the prosecutor's office should check how much this promise has been fulfilled. "

Despite the indulgences for entrepreneurs, the amended Resolution 1045, in the opinion of both government officials and private companies, still does not solve the old problem.

Recall that the conflict between the Public Reception Office of the Investigative Committee and representatives of Smolny. The prosecutor's office demands to make corrections specifically to order No. 2010-r, which was supposed to bring the segment of non-stationary shopping facilities in line with the changes in legislation prescribed in resolution 1045. It is in it, the prosecutor's office, that violations of the law that kill the business of kioskers are contained.

In particular, the Investigative Committee considers that the rights of 3,000 small business representatives whose contract expired and who were not included in the address scheme, despite the fact that their points were indicated in the address program, were violated. This means that they should have been entered into the scheme automatically.

Sofia Sidorova

THE GOVERNMENT OF MOSCOW

RESOLUTION

ABOUT ACCOMMODATION LOCATED

IN THE CITY OF MOSCOW ON LAND PLOTS, BUILDINGS, BUILDINGS

AND STRUCTURES IN STATE PROPERTY

from 31.05.2011 N 242-PP)

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

1. To approve:

1.1. The procedure for the development and approval of the layout of non-stationary shopping facilities located in the city of Moscow on land plots, in buildings, structures and structures that are in state ownership (Appendix 1).

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

1.3. A standard form of an agreement for the placement of a non-stationary trading facility (Appendix 3).

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

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

4. Establish that:

4.1. The normative legal acts of the city of Moscow governing the procedure for the placement of non-stationary shopping facilities are applied in the part that does not contradict this resolution.

4.2. The placement of non-stationary shopping facilities within the boundaries of specially protected natural areas is carried out by the Department of Nature Management and Protection environment of 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 trading facility within the boundaries of specially protected natural areas is carried out by the Department of Nature 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 specifics established by legal acts of the city of Moscow for specially protected natural areas. territories.

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

(Clause 4 as amended by the Decree of the Moscow Government dated 31.05.2011 N 242-PP)

5. To amend the Decree of the Government of Moscow of December 16, 2008 N 1139-PP "On approval of the Regulation on the placement and installation of objects that are not capital construction objects on the territory of the city of Moscow" (as amended by resolutions of the Moscow Government dated May 26, 2009 No. 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. Paragraph 1 of Section II of Annex 1 to the Resolution shall be declared invalidated.

5.2. In paragraph 15 of Section III of Appendix 1 to the Resolution, the words "Small retail trade booths, stopping pavilions, OTM," shall be excluded.

5.3. Clauses 16, 17, 18 of Section III of Appendix 1 to the Resolution shall be declared invalidated.

5.4. Paragraph 4 of Section IV of Annex 1 to the Resolution shall be declared invalidated.

6. To declare invalid:

6.1. Clauses 1-14 of the Decree of the Moscow Government dated April 25, 2006 N 274-PP "On streamlining the placement of small-scale retail network objects in the city of Moscow."

6.2. Clauses 1.1-1.3 of the Decree of the Government of Moscow of October 31, 2006 N 861-PP "On Amendments and Additions to the Decree of the Government of Moscow of April 25, 2006 N 274-PP and of December 3, 2002 N 981-PP".

6.3. Clause 1 of the Decree of the Moscow Government dated May 27, 2008 N 444-PP "On amendments and additions to the decrees 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 of November 15, 2001 N 353-RP ".

6.4. Clause 9 of the Decree of the Moscow Government dated October 7, 2008 N 920-PP "On further measures to implement the Moscow Government decree of November 29, 2005 N 965-PP".

6.5. Resolution of the Moscow Government dated March 3, 2009 N 153-PP "On Amending the Resolution of the Moscow Government dated April 25, 2006 N 274-PP".

6.6. Clauses 1, 3 of the Resolution of the Moscow Government dated March 9, 2010 N 203-PP "On amendments and invalidation of certain provisions of the resolutions of the Moscow Government."

6.7. Clause 8.1 of the Decree of the Government of Moscow of November 17, 2010 N 1021-PP "On the temporary procedure for the placement of non-stationary objects of the small-scale retail network 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 Sharonov A.V.

Mayor of Moscow

S.S. Sobyanin

Annex 1

to the government decree

DEVELOPMENT AND APPROVAL OF THE SCHEME OF ACCOMMODATION OF NON-STATIONARY

SHOPPING FACILITIES LOCATED IN THE CITY OF MOSCOW

ON LAND PLOTS, IN BUILDINGS, BUILDINGS AND FACILITIES,

IN PUBLIC PROPERTY

(as amended by the resolution of the Moscow Government

from 31.05.2011 N 242-PP)

I. General Provisions

1. This procedure has been developed in accordance with Article 10 of the Federal Law of December 28, 2009 N 381-FZ "On the Basics of State Regulation of Trade Activities in the Russian Federation", Resolution of the Government of the Russian Federation of September 29, 2010 N 772 "On Approval of the Rules for Inclusion non-stationary shopping facilities located on land plots, in buildings, structures and structures owned by the state, into the layout of non-stationary shopping facilities "and establishes the procedure for the development and approval by the executive authorities of the city of Moscow of the layout of non-stationary shopping facilities on land plots, with the exception of land plots located within the boundaries of specially protected natural areas, in buildings, structures, structures owned by the state (hereinafter referred to as the layout of non-stationary shopping facilities).

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

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

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

An economic entity that has a valid lease agreement for a land plot in the place established by the layout of non-stationary shopping facilities has the right to conclude an agreement for the placement of a non-stationary shopping facility in accordance with Appendix 3 to this resolution. The price of the agreement for the placement of a non-stationary trade 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 trade objects in buildings, structures, structures owned by the state - on the basis of a lease agreement and other agreements in accordance with civil legislation.

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 networks:

1) pavilion - a temporary structure with a trading floor and storage rooms commodity stock designed for one or more workplaces;

2) kiosk - temporary equipped trade equipment structure without trading floor and premises for storing goods, designed for one workplace the seller, in whose area the stock 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 breakdown - a specially equipped temporary structure, which is a platform for the sale of melons;

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

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

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

5. This procedure does not apply to the temporary placement of non-stationary shopping facilities in specially protected natural areas of the city of Moscow, as well as during sports, entertainment, cultural and other events, the placement of hawkers - sellers engaged in portable trade with the use of special equipment, which are regulated by separate legal acts of the city of Moscow.

(as amended by the resolution of the Moscow Government dated 31.05.2011 N 242-PP)

II. Requirements for the development of the layout

non-stationary shopping facilities

6. The layout of non-stationary shopping facilities should contain the type of non-stationary shopping facility, the location and size of the area of the location of the non-stationary shopping facility, specialization, the period of placement, as well as information about non-stationary shopping facilities used by small or medium-sized businesses engaged in trading activities.

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

8. The specialization of a non-stationary trading facility is a trading activity in which eighty and more percent of all goods (services) offered for sale from their total amount are goods (services) of one group. Implementation of other additional groups goods (services) are carried out in accordance with the established nomenclature.

The specialization of the non-stationary trading object is indicated in the name of the non-stationary trading object: "Milk", "Bread", "Grocery", "Gastronomy", "Confectionery", "Fish", "Vegetables and Fruits", "Print", "Flowers", "Travel tickets", "Theater tickets", "Ice cream", "Kvass", "Cafe", "Shoe repair", "Shoe shine", "Information", "Rent", "Pharmacy kiosk", etc.

When carrying out trading activities in a non-stationary trading facility, the specialization of the non-stationary trading 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 trade objects, the minimum assortment list and the nomenclature of additional groups of goods in accordance with the specialization are approved by the order of the Department of Trade and Services of the city of Moscow.

9. The placement period is set in the layout of non-stationary shopping facilities for each location of the non-stationary shopping facility, taking into account the following features in relation to placement certain types non-stationary shopping facilities:

1) for the locations of mobile structures 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;

3) for the places of placement of melons and gourds, the placement period is set from August 1 to November 1;

4) for other non-stationary shopping 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 territories, but not more than 3 years.

10. It is not allowed to include the following locations in the layouts of non-stationary trade objects:

1) in a 25-meter zone from the perimeter of technical structures and ground lobbies of metro stations, with the exception of vending machines at metro stations and kiosks with specialization: sale of periodicals, theater tickets, tickets for city passenger transport, pharmacy products, 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 shopping facilities;

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

11. In cases where non-stationary objects are located within the red lines of streets and roads, their placement is possible only on a paved (asphalt) site within the boundaries of the sidewalk and provided there is a free width of passage along the sidewalk (including in the presence of lighting poles and other supports, tree trunks) along the main course of pedestrian traffic at least 3 meters, and in the transverse direction and from the extreme element of the object to the edge of the carriageway at least 1.5 meters.

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

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

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

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

4) unimpeded passage of fire and medical vehicles, Vehicle Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters to existing buildings, structures and structures.

13. Moskomarkhitektura, based on the proposals of the prefectures of the administrative districts of the city of Moscow, develops a draft scheme for the placement of non-stationary shopping facilities in the context of administrative districts / districts of the city of Moscow and, if necessary, revise the draft scheme, makes the necessary changes to the specified project.

III. Requirements for the approval of layouts

non-stationary shopping facilities

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

15. After receiving the draft scheme for the placement of non-stationary shopping facilities, the prefecture of the administrative district of the city of Moscow shall post it on its official website in the information and telecommunications network Internet within 3 working days (indicating the address and 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 and Transport Infrastructure of the City of Moscow;

2) Department of Nature Management and Environmental Protection of the city of Moscow (in the case of placing objects in natural and green areas);

(as amended by the resolution of the Moscow Government dated 31.05.2011 N 242-PP)

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

16. The term for approval of the draft scheme for the placement of non-stationary shopping facilities is no more than 14 calendar days from the date of receipt by the organization specified in paragraph 15 of this Procedure.

In case of failure to provide information as agreed within the target dates, the draft layout of non-stationary shopping facilities is considered agreed by default.

17. Simultaneously with the direction of the draft layout of non-stationary shopping facilities for approval by the organization specified in clause 15 of this Procedure, the prefecture of the administrative district of the city of Moscow sends the draft layout of non-stationary shopping facilities to the municipal Assemblies of intracity municipalities.

18. The term for approval of the draft layout of non-stationary shopping 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 municipal entity.

19. The decision to approve the draft layout of non-stationary shopping facilities is approved by the decision (legal act) of the municipal Assembly of the intracity municipal formation.

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

If there are unaccounted for comments from the coordinating organizations and comments received from citizens and organizations within the time period established on the official website in the information and telecommunications network, a list of disagreements with the justification of the decision is attached to the draft layout of non-stationary shopping facilities.

21. The Interdepartmental Commission on the Consumer Market under the Government of Moscow shall, within 30 working days, consider the draft scheme for the placement of non-stationary shopping facilities and make a decision on its approval or the need to revise it.

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

23. To include non-stationary shopping facilities in the layout of non-stationary shopping facilities (making changes to the layout of non-stationary shopping facilities), the prefecture of the administrative district of the city of Moscow shall send to the Moscow Government or to federal body executive power exercising the powers of the owner of the property, an application indicating the proposed changes and justification for the need for 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 / district;

b) the purpose of using non-stationary shopping facilities included in the layout is the specialization of non-stationary shopping facilities;

c) types of non-stationary shopping facilities planned to be included in the placement scheme;

d) the planned terms (period) of the placement of non-stationary trade objects.

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 shopping facility and the need in this connection to make changes to the layout of non-stationary shopping facilities, the prefecture of the administrative district of the city of Moscow submits proposals for moving the non-stationary shopping facility from its location to a compensatory one. location.

25. The Interdepartmental Commission on the Consumer Market under the Government of Moscow on behalf of the Government of Moscow or the federal executive body exercising the powers of the owner of the property shall consider the application of the prefecture of the administrative district of the city of Moscow within 30 working days and decide on the approval of the inclusion of non-stationary shopping facilities (amendments ) to the layout or to refuse such approval.

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

27. Schemes for the placement of non-stationary shopping facilities and the changes made to them are subject to publication in the order 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 telecommunication the Internet within 3 working days after their approval.

Appendix 2

to the government decree

ORGANIZATION AND CARRYING OUT AUCTION FOR THE RIGHT OF CONCLUSION

CONTRACT FOR POSITIONING OF A NON-STATIONARY COMMERCIAL FACILITY

AND CONCLUSION OF THE CONTRACT FOR THE PLACEMENT OF A NON-STATIONARY

SHOPPING OBJECT

I. Organization of an auction for the right to conclude an agreement

for the placement of a non-stationary shopping facility

1. After the approval of the layout of non-stationary shopping facilities in the prescribed manner, the prefecture of the administrative district of the city of Moscow selects economic entities for organizing trading activities in places determined by the layout of non-stationary shopping facilities.

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

3. For the purposes of this resolution, an open auction is understood as an auction, 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 trading facility (hereinafter referred to as the auction).

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

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

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

7. "Auction step" is set in the range from one percent to five percent of the initial price of the auction item.

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

9. The amount of the deposit for participation in the auction may not exceed 20 percent of the initial price of the subject of the auction.

10. The organizer of the auction, at least thirty calendar days before the date of the auction, must place the notice of the auction and the auction documentation, including the draft agreement for the placement of a non-stationary shopping facility, on the official website of the Tender Committee and the prefecture of the administrative district of Moscow - the organizer of the auction.

11. A notice of an auction must contain information:

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

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

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

location and size of the area of the location of the non-stationary shopping facility;

type of non-stationary shopping facility;

specialization;

period of placement;

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

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

5) about the "step of the auction";

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

7) on the amount of the deposit, on the procedure for its payment by the auction participants and return to them, on the account details for transferring the deposit;

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

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

12. Auction documentation must contain the following information:

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

2) typical architectural solutions of non-stationary shopping 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 for the submission of 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 holding the auction;

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

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

14. The organizer of the auction, within three working days from the date of posting the message about the refusal to conduct the auction, is obliged to notify the auction participants of its refusal to hold the auction and within three working days to return the deposit to the auction participants.

II. Holding an auction for the right to conclude an agreement

for the placement of a non-stationary shopping facility

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

16. To participate in the auction, the applicants shall submit the following documents within the time 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 legal entities- for legal entities, an extract from the Unified State Register individual entrepreneurs- for individual entrepreneurs, issued no later than 6 months before the date of acceptance of applications;

3) a document confirming the payment of the deposit.

17. The organizer of the auction is not entitled to demand the submission of other documents, except for those specified in paragraph 16 of this Procedure.

18. Acceptance of documents ceases not 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. The application for participation in the auction, received after the expiration of the period for its acceptance, shall be returned to the applicant on the day of its receipt.

21. The applicant is not allowed to participate in the auction for the following reasons:

1) failure to submit the documents required for participation in the auction as specified in clause 16 of this Procedure or submission of inaccurate 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 of admission to participation in the auction on other grounds, except for the grounds specified in clause 21 of this Procedure, is not allowed.

23. The organizer of the auction keeps a record of accepting applications for participation in the auction, which must contain information about the applicants, the dates of filing applications, the deposits made, as well as information about the applicants who were not allowed to participate in the auction, indicating the reasons for refusal. The protocol for accepting applications is signed by the organizer of the auction 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 participants in the auction and applicants not allowed to participate in the auction shall be notified of the decision no later than the next day after the date of registration this decision the protocol for accepting applications for participation in the auction.

25. The organizer of the auction is obliged to return the deposit paid to the applicant, who was 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 the application accepted by the auction organizer before the deadline for accepting applications, notifying about this in writing the organizer of the auction. The organizer of the auction is obliged to return the deposit to the applicant within three working days from the date of registration of the withdrawal of the application. In case of withdrawal of the application by the applicant later than the day of the end of the deadline for accepting applications, the deposit is returned in the manner prescribed for the auction participants.

27. The organizer of the auction shall keep an audio recording of the auction procedure.

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

The protocol also indicates:

1) the subject of the auction;

2) the winner of the auction;

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

29. When accepting applications for participation in an auction and holding an auction, public observers have the right to be present. Individuals cannot be public observers:

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

2) which can be influenced by the auction participants (including those who are participants (shareholders) of these organizations, members of their governing bodies, creditors of the auction participants).

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

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

32. The auction is declared invalid if:

1) less than two participants took part 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 three times announcement of the initial price of the subject of the auction, none of the participants announced their intention to purchase the subject of the auction at the initial 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, sole participant has the right, and the organizer of the auction is obliged to conclude an agreement for the placement of a non-stationary trading facility at the initial price of the auction.

34. The organizer of the auction in cases where the auction was declared invalid or if an agreement was not concluded for the placement of a non-stationary trading facility with a single participant in the auction, has the right to announce a repeated auction. This may change the terms of the auction.

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

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

III. Terms of the agreement for the placement of a non-stationary

a trading facility and the procedure for its conclusion,

changes and terminations

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

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

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

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

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

5) the term of the contract;

6) responsibility of the parties.

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

Changes to the essential terms of the agreement, as well as the transfer or assignment of rights to third parties under such an agreement are not allowed.

39. The agreement for the placement of a non-stationary shopping 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 activities natural person, which is an economic entity, as an individual entrepreneur;

4) by a court decision in case of violation by an economic entity of the essential conditions of the agreement for the placement of a non-stationary trading facility;

5) by agreement of the parties to the contract.

40. Amendments are made to the agreement for the placement of a non-stationary shopping facility in the event that the non-stationary shopping facility is moved from its location to a compensatory location in accordance with the established procedure.

41. The contract for the placement of a non-stationary trade object is subject to storage by the organizer of the auction during the entire period of its validity.

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

On the basis of the information entered into the SIOPR, the prefecture of the administrative district of the city of Moscow shall provide the winner of the auction with a certificate of placement in an automated mode.

The regulations for issuing certificates of placement by prefectures of administrative districts of the city of Moscow are approved by a decree 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 trading 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 shopping facilities.

44. At each non-stationary trading facility during the entire time of operation, a certificate of placement, which is located in a place accessible to buyers, must be present and presented at the request of the controlling and supervisory authorities.

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

at a distance of less than 50 meters from the ground lobbies of metro stations, with the exception of non-stationary shopping facilities along retail flowers, periodicals, theater tickets, tickets for urban passenger transport, provision of information services;

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

in the arches of buildings, on lawns, flower beds, landscaped playgrounds, playgrounds for recreation, sports activities, sidewalks less than three meters wide, as well as other sidewalks if it is impossible to provide a passage condition with a width of at least 2.5 meters 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 the manufacturer's packaging, catering facilities without sale alcoholic beverages, facilities selling newspaper and magazine products, products of religious content, facilities for renting 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 Regulation on the procedure for determining the base rental rates and coefficients used in the Methodology for determining the rent for land plots owned by St. Petersburg, on special cases and the procedure for determining the rent, approved by the decree of the Government of St. Petersburg from 26.11. 1379 "On Measures to Implement the Law of St. Petersburg" On the Methodology for Determining Rent for Land Plots State-Owned in St. Petersburg ", with the exception of objects used for the sale of travel passes, lottery and excursion tickets, periodicals, printed materials, flowers, as well as ice cream and soft drinks sold from mobile shopping facilities during the period from April 1 to November 1;

within the triangles of visibility at unregulated intersections and junctions of streets and roads, at 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 parking areas.

2. The procedure for the development and approval of the layout

2.1. The layout is developed by the Committee economic development, industrial policy and trade (hereinafter - KERPPT) based on proposals executive bodies state authorities of St. Petersburg, bodies local government intracity municipalities of St. Petersburg, citizens and legal entities on land plots located in the territories of St. Petersburg districts (hereinafter referred to as proposals), the collection of which is carried out by the administrations of St. Petersburg districts, on the territory of which the land plots are located (hereinafter referred to as district administrations), by obtaining, placing and analyzing information, information and spatial data that are part of the regional information system containing information about real estate and land management objects "Geoinformation system of St. Petersburg" (hereinafter - RGIS).

2.2. In order to organize the preparation and collection of proposals from the district administration, no later than 1 month before the date specified in clause 2.4 of this Procedure, inform the executive bodies of state power of St. collection of proposals.

Information is carried out by district administrations by posting on information stands at the location of district administrations, official websites of district administrations, and in their absence - on the official website of the Government of St. Petersburg for information on accepting proposals, address, working hours, contact telephone numbers of district administrations.

2.3. Proposals are formed taking into account the conformity of the purpose of use and the types of retail facilities planned to be included in the placement scheme, the planned timing of the placement of retail facilities, requirements for land plots, including the purposes of their use, and retail facilities located on land plots established by the decree of the Government of St. Petersburg from 30.12.2010 N 1830 "On the Procedure for interaction of the executive bodies of state power of St. Petersburg in the provision of 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 on the territory of the St. Petersburg district and are sent to administrations of districts with an indication of the cadastral number of the land plot for the location of the commercial facility, and in its absence - with the attachment of a diagram of the approximate boundaries of the land plot drawn up in an arbitrary form.

3.2. Changes to the layout are carried out by the KERPPT on the basis of proposals, requests from the KGA, KS, KGIOP, KEIO, KB, KZRiZ, KUGI, the Press Committee, district administrations on excluding shopping facilities from the layout on the grounds specified in clause 1.5 of this Procedure, and also based on the results of updating, but no 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 KERPPT on the approval of the placement scheme, as well as the order of the KERPPT on amending the placement 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 KERPPT on the Internet ".

Document overview

On the layout of non-stationary retail facilities on land plots in St. Petersburg.

The procedure for the development and approval of a scheme for the placement of non-stationary trade objects on land plots that are state-owned by St. Petersburg or state ownership of which is not delimited has been approved.

The layout scheme is developed by the Committee for Economic Development, Industrial Policy and Trade on the basis of proposals from the executive bodies of state power, local self-government bodies of intracity municipalities, citizens and legal entities about land plots located in the territories of St. Petersburg districts, which are collected by the administrations of St. Petersburg districts , on the territory of which the land plots are located, by receiving, placing and analyzing information, information and spatial data that are part of the regional information system containing information about real estate and land management objects "Geoinformation system of St. Petersburg".

The 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 St. Petersburg District, 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 the press and interaction with the media, the Construction Committee, the City Property Management Committee, concerning the layout of non-stationary retail facilities on land plots.

From the date of entry into force of the decree on the approval of the layout of non-stationary shopping facilities, the decree "On measures to implement the Law of St. Petersburg" On the provision of land plots for the placement of temporary (non-capital) consumer market facilities " streamlining the placement of small-scale retail objects used for the sale of periodicals ".

The resolution comes into force on the day of its official publication.

On the placement of non-stationary shopping facilities located in the city of Moscow on land plots, in buildings, structures and structures that are in state ownership

In accordance with the Federal Law of December 28, 2009 No. N 381-FZ"On the basics of state regulation of trading activities in the Russian Federation", by the decree of the Government of the Russian Federation of September 29, 2010 No. N 772"On approval of the Rules for the inclusion of non-stationary shopping facilities located on land plots, in buildings, structures and structures owned by the state, in the layout of non-stationary shopping facilities" The Moscow Government decides:

1. To approve:

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

1.3. A typical form of an agreement for the placement of a non-stationary trade facility ().

2. To entrust the prefectures of the administrative districts of the city of Moscow with the functions of state customers for the improvement and equipment of the locations of non-stationary trade objects in accordance with the approved placement schemes at the expense and within 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.

4. To establish that the normative legal acts of the city of Moscow governing the procedure for the placement of non-stationary shopping facilities are applied in the part that does not contradict this resolution.

5. To amend the Decree of the Moscow Government dated December 16, 2008 No. N 1139-PP"On approval of the Regulation on the location and installation of facilities that are not capital construction objects on the territory of the city of Moscow" (as amended by resolutions of the Moscow Government dated May 26, 2009 N 499-PP, dated June 23, 2009 N 588-PP, dated 9 March 2010 N 203-PP, dated July 27, 2010 N 629-PP):

5.1. Paragraph 1 of Section II to the resolution shall be declared invalidated.

5.2. In clause 15 of Section III to the resolution, the words "Small retail kiosks, stopping pavilions, OTM," shall be excluded.

5.3. Clauses 16, 17, 18 of Section III to the resolution shall be declared invalidated.

5.4. Paragraph 4 of Section IV to the resolution shall be declared invalidated.

6. To declare invalid:

6.1. Clauses 1-14 of the Decree of the Moscow Government dated April 25, 2006 N 274-PP "On streamlining the placement of small-scale retail network objects in the city of Moscow."

6.4. Clause 9 of the Decree of the Moscow Government dated October 7, 2008 N 920-PP "On further measures to implement the Moscow Government decree of November 29, 2005 N 965-PP".

6.5. Resolution of the Moscow Government dated March 3, 2009 N 153-PP "On Amending the Resolution of the Moscow Government dated April 25, 2006 N 274-PP".

6.6. Clauses 1, 3 of the Resolution of the Moscow Government dated March 9, 2010 N 203-PP "On amendments and invalidation of certain provisions of the resolutions of the Moscow Government."

6.7. Clause 8.1 of the Decree of the Moscow Government dated November 17, 2010 No. N 1021-PP"On the temporary procedure for the placement of non-stationary objects of small-scale retail network 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 Sharonov A.V.

Mayor of Moscow

S.S. Sobyanin

Annex 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 that are in state ownership

I. General Provisions

1. This procedure has been developed in accordance with Article 10 of the Federal Law of December 28, 2009 No. N 381-FZ"On the fundamentals of state regulation of trading activities in the Russian Federation", by the decree of the Government of the Russian Federation of September 29, 2010 N 772"On approval of the Rules for the inclusion of non-stationary shopping facilities located on land plots, in buildings, structures and structures owned by the state in the layout of non-stationary shopping facilities" and establishes a procedure for the development and approval by the executive authorities of the city of Moscow of a layout of non-stationary shopping facilities on land plots, in buildings, structures, structures that are in state ownership (hereinafter - the layout of non-stationary shopping facilities).

2. The placement of non-stationary shopping facilities in the city of Moscow on land plots, in buildings, structures, structures owned by the state is carried out in accordance with the layout of non-stationary shopping facilities, taking into account the need to ensure sustainable development of territories, including the elimination of the negative impact of facilities on pedestrian and transport infrastructure, and the achievement of 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 shopping facilities is carried out:

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

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

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 they are connected or not connected to the engineering and technical support networks:

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

2) kiosk - a temporary structure equipped with trade equipment that does not have a trading floor and premises for storing goods, designed for one workstation of the seller, in the area of which a commodity stock 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 breakdown - a specially equipped temporary structure, which is a platform for the sale of melons;

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

6) seasonal cafes - a specially equipped temporary structure, including at a stationary enterprise, which is a site for a catering establishment for additional catering and (or without) recreation for consumers;

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

5. This procedure does not apply to the temporary placement of non-stationary shopping facilities during sports, entertainment, cultural and other events, the placement of peddlers of sellers who carry out portable trade by hand using special equipment, which are regulated by separate legal acts of the city of Moscow.

II. Requirements for the development of a layout for non-stationary shopping facilities

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

9. The placement period is set in the layout of non-stationary shopping facilities for each location of the non-stationary shopping facility, taking into account the following features in relation to the placement of certain types of non-stationary shopping facilities:

1) for the locations of mobile structures 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 the Christmas tree bazaars, the placement period is set from 20 to 31 December;

3) for the places of placement of melons and gourds, the placement period is set from August 1 to November 1;

10. It is not allowed to include the following locations in the layouts of non-stationary trade objects:

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

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

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

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

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

4) unhindered passage of fire and medical vehicles, vehicles of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters to existing buildings, structures and structures.

13. Moskomarkhitektura, based on the proposals of the prefectures of the administrative districts of the city of Moscow, develops a draft scheme for the placement of non-stationary shopping facilities in the context of administrative districts / districts of the city of Moscow, and, if necessary, finalizing the draft scheme, makes the necessary changes to the specified project.

III. Requirements for the approval of layouts for non-stationary shopping facilities

15 ... After receiving the draft scheme for the placement of non-stationary shopping facilities, the prefecture of the administrative district of the city of Moscow shall post it on its official website in the Internet information and telecommunications network within 3 working days (indicating the address and 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 and Transport Infrastructure of the City of Moscow;

2) Department of Nature Management and Environmental Protection of the city of Moscow (in the case of placing 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 the case of placing objects within the boundaries of territories and zones of protection of cultural heritage objects).

16. The term for approval of the draft scheme for the placement of non-stationary trade objects is no more than 14 calendar days from the date of receipt by the organizations specified in this Procedure.

In case of failure to provide information as agreed within the target dates, the project of the layout of non-stationary shopping facilities is considered agreed by default.

17. Simultaneously with the submission of the draft scheme for the placement of non-stationary shopping facilities for approval by the organization specified in this Procedure, the prefecture of the administrative district of the city of Moscow shall send the draft scheme for the placement of non-stationary shopping facilities to the municipal assemblies of intracity municipalities.

18. The term for approval of the draft scheme for the placement of non-stationary shopping facilities by 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 municipal entity.

19. The decision to approve the draft layout of non-stationary shopping facilities is approved by the decision (legal act) of the municipal meeting of the intracity municipal formation.

In the presence of unaccounted for comments of the coordinating organizations and comments received from citizens and organizations within the time period established on the official website in the information and telecommunication network "Internet", a list of disagreements with the justification of the decision is attached to the draft layout of non-stationary shopping facilities.

23. To include non-stationary shopping facilities in the layout of non-stationary shopping facilities (making changes to the layout of non-stationary shopping facilities), the prefecture of the administrative district of the city of Moscow shall send 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 of 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 / district;

b) the purpose of using non-stationary shopping facilities included in the placement scheme - specialization of non-stationary shopping facilities;

c) types of non-stationary shopping facilities planned to be included in the placement scheme;

d) the planned terms (period) of the placement of non-stationary trade objects.

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 shopping facility and the need in connection with this to amend the layout of non-stationary shopping facilities, the prefecture of the administrative district of the city of Moscow submits proposals for moving the non-stationary shopping facility from its location to compensation location.

25. The Interdepartmental Commission on the Consumer Market under the Government of Moscow on behalf of the Government of Moscow or the federal executive body exercising the powers of the owner of the property shall consider the application of the prefecture of the administrative district of the city of Moscow within 30 working days and decide to approve the inclusion of non-stationary shopping facilities (amendments ) to the layout or to refuse such approval.

27. Schemes for the placement of non-stationary shopping facilities and the 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 prefectures of the administrative districts of the city of Moscow in the information and telecommunication the Internet within 3 working days after their approval.

Appendix 2 Order
organizing and holding an auction for the right to conclude an agreement for the placement of a non-stationary shopping facility and conclude an agreement for the placement of a non-stationary shopping facility

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

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

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

7. "Auction step" is set in the range from one percent to five percent of the initial price of the auction item.

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

9. The amount of the deposit for participation in the auction may not exceed 20 percent of the initial price of the subject of the auction.

10. The organizer of the auction at least thirty calendar days before the date of the auction must place the notice of the auction and the auction documentation, including the draft agreement for the placement of a non-stationary trade facility, on the official website of the Tender Committee and the prefecture of the administrative district of the city of Moscow - the organizer of the auction.

11 ... An auction notice must contain information:

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

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

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

location and size of the area of the location of the non-stationary shopping facility,

type of non-stationary shopping facility,

specialization,

placement period,