Decree 1045 on the placement of non-stationary trading facilities. On the placement of non-stationary trading facilities. I. Organization of an auction for the right to conclude an agreement on the placement of a non-stationary trading facility

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

In early May, the Committee for the Management of City Property of St. Petersburg in Resolution No. 1045, which adjusts the placement of consumer market facilities. And on June 4, the document was received by the governor. Recall that in the course of adjustments, the requirements for the placement of kiosks were significantly softened.

So, the number of highways on which to place objects has increased. Also, outlets can now be located near medical organizations and sports facilities. In addition, periodical press kiosks have a particular advantage: they can be installed at any distance from public authorities and educational institutions. The last and most significant change was the permission to place kiosks on the sidewalks while maintaining the passage for pedestrians at least 1.5 meters.


Elena Saltykova, the general director of Pressa LLC, confirms that the amendments to Resolution No. 1045, despite a significant improvement in the situation, still do not solve all the problems: “Of course, the changes are pleasing. This is still an indulgence for both our business and small business in general. Good preferences are given there for periodical press stalls, ”Saltykova explained in a comment to Lenizdat.ru. “But our biggest headache is the requirement for the appearance of the stalls, which again needs to be changed.” And the second is coordination with GUP TEK. This is the main stumbling block associated with networks ( by Decree No. 1045, non-stationary objects should 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 Fuel and Energy Complex will "kill us" anyway. All our kiosks comply with the security zone, we do not stand on the pipes. But, nevertheless, they refuse to coordinate the point. One thing is good: that Elgiz Idrisovich (Chairman of the Committee for the Development of Entrepreneurship and the Consumer Market of St. Petersburg - approx. Lenizdat.ru) announced that the entire address program will be submitted in 1045. "

Elena Saltykova believes that the new revisions to the document partially removed the tension on the market: “Indeed, every address is considered. I don’t know yet how the mechanism for providing alternative addresses will work, but it is clear that the city is working on this, that the dialogue is ongoing. And I really like that those who conduct illegal trade, ignoring the rules and approvals, have become much less. Problems still remain, of course, but the main thing is that we survived in these conditions and achieved changes. Here I want to say a special thank you to the deputies and the media who covered this issue. ”

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


According to Elena Tsereteli, the key point can be considered that today there is a point in the discussion about the need to form new placement schemes that did not take into account previously constructed objects: “We saw a contradiction of the existing documents with the federal law“ On Trade ”, in which it is written that any new layout, address program should include existing, previously constructed facilities in accordance with the rules that were adopted before the adoption of the next regulatory act. We insisted on this point of view, and supported it. As for private things, it seems important to me here that the document found the use of temporary objects as multifunctional. Another point: among the list of social objects, next to which it is impossible to place temporary objects, sports and educational ones are excluded. This is also very important, the list of highways on which temporary objects cannot be installed is reduced. And a very important point was the placement of temporary objects next to social ones. Previously, a distance of 50 meters was established, now it has been reduced to 25. Business has been heard. In fact, such a decision saved 7 thousand city objects. This figure is voiced by the city, the committee. And if these changes were not made, the number of facilities would be halved, so draw conclusions how many jobs people would lose. ”

The importance of changing the resolution is also noted by the head of the Public Reception Office of the Investigative Department of the RF IC Anna Filonenko: “The amended resolution makes some concessions, certain positions have been revised. But the placement scheme, which the prosecutor’s office is not contesting Decree No. 1045, but an order approving the 2010-r scheme. Its essence is that it is impossible to reconsider the validity of the placement of the object, if it is already there, in accordance with federal law. That is, if he is in the law in the address program, got all the approvals and so on, then it’s impossible to say that we have drawn a red line here, and you are standing here, so leave. And the prosecutor's office disputed the fact that those who had a valid contract were not included in the new scheme. In this regard, there was even an instruction from the governor to bring all this into line with federal law. Right now, as I understand it, the prosecutor’s office should check how this promise has been fulfilled. ”


Despite the concessions to entrepreneurs, the amended resolution 1045, according to both representatives of state bodies and private companies, still does not solve the old problem.

Recall that the conflict is between the Public Reception Office of the Investigative Committee and representatives of Smolny. The prosecutor’s office requires corrections precisely in order No. 2010-r, which was supposed to bring the segment of non-stationary trading facilities into line with the changes in legislation prescribed in resolution 1045. It is there that the prosecutor’s office contains violations of the law that kill business kioskers.

In particular, the Investigative Committee believes that the rights of 3,000 representatives of small businesses who had expired and who were not included in the address scheme were violated, despite the fact that their points were indicated in the address program. And this means that they should have been entered into the scheme automatically.

Sophia Sidorova

THE GOVERNMENT OF MOSCOW

RESOLUTION

ABOUT ACCOMMODATION LOCATED

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

AND STATE-OWNED FACILITIES

dated 05/31/2011 N 242-PP)

In accordance with Federal Law of December 28, 2009 N 381-ФЗ "On the Basics of State Regulation of Trade Activities in the 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 trading objects located on land plots, in buildings, structures and structures owned by the state, in the layout of non-stationary trading facilities "The Moscow Government decides:

1. Approve:

1.1. The procedure for developing and approving the layout of non-stationary trading facilities located in 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 on the placement of a non-stationary trading facility (Appendix 2).

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

2. Assign to the prefectures of the administrative districts of the city of Moscow the functions of state customers to ensure the improvement and equipping of the locations of non-stationary trading facilities in accordance with the approved allocation 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 Moscow.

3. To the Deputy Mayor of Moscow in the Moscow Government on issues of working with the media, inter-regional cooperation, sports and tourism, advertising, to provide information support for the implementation of measures in accordance with this resolution.

4. To establish that:

4.1. Regulatory legal acts of the city of Moscow, regulating the procedure for the placement of non-stationary trading facilities, are applied in part that does not contradict this resolution.

4.2. Placement of non-stationary trading facilities within the boundaries of specially protected natural territories is carried out by the Department of Nature Management and Environmental Protection of the city of Moscow in coordination with the prefectures of the administrative districts of the city of Moscow.

4.3. An auction for the right to conclude an agreement on the location of a non-stationary trading facility within the boundaries of specially protected natural territories 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 features established by legal acts of the city of Moscow for specially protected natural territories.

4.4. An approximate form of an agreement on the location of a non-stationary trading facility within the boundaries of specially protected natural territories is developed and approved by the Department of Nature Management and Environmental Protection of the city of Moscow.

(Clause 4 as amended by Resolution of the Government of Moscow of 05.31.2011 No. 242-PP)

5. To amend the Government of Moscow dated December 16, 2008 N 1139-ПП “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 the decrees of the Government of Moscow of May 26, 2009 N 499-PP, dated June 23, 2009 N 588-ПП, dated March 9, 2010 N 203-ПП, dated July 27, 2010 N 629-ПП):

5.1. Clause 1 of section II of annex 1 to the decision shall be declared null and void.

5.2. In paragraph 15 of Section III of Appendix 1 to the Resolution, the words "Kiosks of small retail trade, stop pavilions, OTM," shall be deleted.

5.3. Clauses 16, 17, 18 of section III of annex 1 to the decision shall be declared null and void.

5.4. Clause 4 of Section IV of Annex 1 to the decision shall be declared null and void.

6. To recognize as invalid:

6.1. Clauses 1-14 of the Decree of the Government of Moscow of April 25, 2006 N 274-PP "On streamlining the location of small retail facilities in the city of Moscow".

6.2. Clauses 1.1-1.3 of the Resolution of the Government of Moscow of October 31, 2006 N 861-PP "On Amendments and Additions to the Decisions 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 Resolution of the Government of Moscow of May 27, 2008 N 444-PP "On Amendments and Additions to the Decisions of the Government of Moscow of 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 Decree of the Government of Moscow of October 7, 2008 N 920-PP "On Further Measures for the Implementation of Decree of the Government of Moscow of November 29, 2005 N 965-PP".

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

6.6. Paragraphs 1, 3 of the Resolution of the Government of Moscow of March 9, 2010 N 203-PP "On Amendments and Recognition of Certain Provisions of Decisions of the Government of Moscow" as invalid.

6.7. Clause 8.1 of 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 retail network in the territory of the city of Moscow in 2011".

7. The control over the implementation of this resolution shall be assigned to the Deputy Mayor of Moscow in the Government of Moscow on issues of economic policy, Sharonov A.V.

Moscow Mayor

S.S. Sobyanin

Annex 1

to the decree of the Government

DEVELOPMENT AND APPROVAL OF THE PLAN OF THE PLACEMENT OF NON-STATIONARY

SHOPPING FACILITIES LOCATED IN THE CITY OF MOSCOW

ON LAND PLOTS, IN BUILDINGS, BUILDINGS AND CONSTRUCTIONS,

IN STATE PROPERTY

(as amended by the decree of the Government of Moscow

dated 05/31/2011 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-ФЗ "On the Basics of State Regulation of Trade Activities in the Russian Federation", Decree of the Government of the Russian Federation of September 29, 2010 N 772 "On approval of the Inclusion Rules non-stationary trading facilities located on land plots, in buildings, structures and structures owned by the state, in the layout of non-stationary trading facilities "and establishes the procedure for boots and approval by the executive authorities of the city of Moscow of the layout of non-stationary trading facilities on land, with the exception of land located within the boundaries of specially protected natural areas, in buildings, structures, structures owned by the state (hereinafter - the layout of non-stationary trading facilities) .

2. Placement of non-stationary trading facilities in Moscow on land plots, in buildings, structures, structures owned by the state, is carried out in accordance with the layout of non-stationary trading facilities, taking into account the need to ensure sustainable development of territories, including eliminating the negative impact of objects on pedestrian and transport infrastructure, and the achievement of the standards established by the Moscow Government for minimum provision of the population with the area of \u200b\u200btrade such as are for the city of Moscow.

3. Placement of non-stationary trading objects is carried out:

1) for non-stationary trading objects on land plots owned by the city of Moscow or state property for which it is not delimited - on the basis of an agreement on the placement of a non-stationary trading object in accordance with this resolution.

An economic entity having a valid land lease agreement in a place established by the layout of non-stationary trading facilities has the right to draw up an agreement for the placement of a non-stationary trading facility in accordance with Appendix 3 to this resolution. The price of the contract for the placement of a non-stationary trading facility is determined in accordance with the methodology approved by the Moscow Government (paragraph 8 of Appendix 2 to this resolution);

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

4. Non-stationary trading facilities include trading facilities, which are temporary structures or temporary structures that are not firmly connected to the land plot, regardless of the connection or non-connection to the engineering and technical support networks:

1) pavilion - a temporary structure having a trading floor and premises for storing inventory, designed for one or more jobs;

2) a kiosk - a temporary building equipped with commercial equipment that does not have a trading floor and premises for storing goods, designed for one workplace of the seller, on the area of \u200b\u200bwhich the stock of goods is stored;

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

4) melon collapse - a specially equipped temporary structure, which is a platform for the sale of melon;

5) Christmas tree market - 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 a stationary enterprise, which is a platform for a public catering facility for additional catering and (or without) rest of consumers;

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

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

(as amended by the decree of the Government of Moscow of 05.31.2011 N 242-PP)

II. Layout Design Requirements

non-stationary trading objects

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

7. The layout of non-stationary trading facilities should provide for the placement of at least sixty percent of non-stationary trading facilities used by small or medium-sized enterprises engaged in trading activities of the total number of non-stationary trading 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 amount are goods (services) of one group. The implementation of other additional groups of goods (services) is carried out in accordance with the established nomenclature.

The specialization of the non-stationary trading facility is indicated in the name of the non-stationary trading facility: “Milk”, “Bread”, “Grocery”, “Gastronomy”, “Confectionery”, “Fish”, “Vegetables and fruits”, “Printing”, “Flowers”, "Tickets", "Theater tickets", "Ice cream", "Kvass", "Cafe", "Shoe repair", "Shoe shine", "Inquiries", "Hire", "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, which 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 trading facilities, the minimum assortment list and the nomenclature of additional groups of goods in accordance with the specialization are approved by order of the Department of Trade and Services of Moscow.

9. The placement period is set in the layout of non-stationary shopping facilities for each location of a 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 locations of mobile facilities 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 places of melon collapse placement, the placement period is set from August 1 to November 1;

4) for other non-stationary trading facilities, with the exception of those provided for by 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 placements in the layout schemes of non-stationary trading objects:

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

2) in the arches of buildings, on lawns, flower beds, platforms (children's, leisure, 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 car overpasses, as well as in the 5-meter security zone from the entrances (exits) to the 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 subject to the free width of the passage along the sidewalk (including in the presence of lighting poles and other supports, tree trunks) in the main course of the pedestrian traffic not less than 3 meters, and in the transverse direction from the extreme element of the object to the edge of the carriageway not less than 1.5 meters.

12. When determining the location and size of the location of a non-stationary trading facility in the layout of non-stationary shopping facilities, the prefectures of the administrative districts of Moscow provide improvement and equipment for the locations of non-stationary shopping facilities, including:

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

2) the ability to connect non-stationary trading facilities to the networks of engineering and technical support;

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

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

13. The Moskomarchitecture, on the proposals of the prefectures of the administrative districts of Moscow, is developing a draft scheme for the placement of non-stationary trading 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. Approval Requirements

non-stationary trading objects

14. After developing a draft scheme for the placement of non-stationary trading facilities by administrative districts / districts of the city of Moscow, the Moscow City Architecture Committee within 5 working days sends the draft scheme for the placement of non-stationary trading facilities to the prefecture of the administrative district of Moscow.

15. After receiving the draft scheme for the placement of non-stationary trading facilities, the prefecture of the administrative district of Moscow up to 3 business days places it on its official website in the information and telecommunication network Internet (with an 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) The Department of Nature Management and Environmental Protection of the city of Moscow (in the case of placement of objects in natural and green areas);

(as amended by the decree of the Government of Moscow of 05.31.2011 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 zones of protection of cultural heritage objects).

16. The term for approval of the draft scheme for the placement of non-stationary trading facilities is not more than 14 calendar days from the date of receipt by the organization, indicated in paragraph 15 of this Procedure.

In case of failure to provide information on agreement within the target date, the draft scheme for the placement of non-stationary trading objects is considered to be agreed upon by default.

17. Simultaneously with the submission of the draft scheme for the location of non-stationary shopping facilities for approval to the organizations specified in clause 15 of this Procedure, the prefecture of the administrative district of Moscow shall forward the draft scheme for the placement of non-stationary shopping facilities to municipal Meetings of intracity municipal entities.

18. The term for approval of the draft scheme for the placement of non-stationary trading facilities by the municipal assemblies of intracity municipalities is not more than 21 calendar days from the moment they are received by the municipal assembly of the intracity municipality.

19. The decision on the approval of the draft scheme for the placement of non-stationary trading facilities is approved by the decision (legal act) of the municipal Assembly of the intracity municipality.

20. After receiving all the approval visas, the prefect of the administrative district of the city of Moscow sends the draft layout scheme for non-stationary retail facilities to the Interdepartmental Commission on Consumer Market Issues under the Government of Moscow within 3 business days.

If there are unaccounted for comments of the coordinating organizations and comments received from citizens and organizations within the time period specified on the official website for the information and telecommunication network Internet, a disagreement sheet is attached to the draft scheme for the placement of non-stationary trading objects with the justification for the decision made.

21. The Interdepartmental Commission on Consumer Market Issues under the Government of Moscow, within 30 working days, considers the draft scheme for the placement of non-stationary trading facilities and makes a decision on whether it needs to be approved or finalized.

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

23. To include non-stationary trading facilities in the layout of non-stationary trading facilities (making changes to the layout of non-stationary trading facilities), the prefecture of the administrative district of the city of Moscow shall send to the Moscow Government or the federal executive body exercising the authority of the property owner a request 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 \u200b\u200btrade facilities in the territory of the administrative district / district;

b) the purpose of the use of non-stationary trading facilities included in the allocation scheme is the specialization of non-stationary trading facilities;

c) types of non-stationary trading facilities planned for inclusion in the placement scheme;

d) the planned dates (period) for the placement of non-stationary trading facilities.

24. In the event of a change in the urban planning situation before the expiration of the placement period specified in the layout of the non-stationary shopping facility and the need to make changes to the layout of the non-stationary shopping facilities, the prefecture of the administrative district of Moscow submits proposals for moving the non-stationary shopping facility from its location to compensation Placement

25. The Interdepartmental Commission on Consumer Market Issues 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, considers the application of the prefecture of the administrative district of Moscow within 30 working days and makes a decision on the approval of the inclusion of non-stationary shopping facilities (making changes ) to the placement scheme or to refuse such approval.

26. The decision of the Interdepartmental Commission on Consumer Market Issues under the Government of Moscow or the federal executive body exercising the authority of the property owner to agree on the inclusion of non-stationary trading facilities (amendments) to the placement scheme shall be sent in writing to the prefecture of the administrative district of Moscow and before 3 working days is approved by order of the prefect of the administrative district of Moscow.

27. The layout of non-stationary trading facilities and their amendments are subject to publication in the manner established for the official publication of orders of prefects of the administrative districts of Moscow, as well as posting on the official websites of the Department of Trade and Services of Moscow and the prefectures of administrative districts of Moscow in the information and telecommunication Internet within 3 working days after their approval.

Appendix 2

to the decree of the Government

ORGANIZATIONS AND HOLDING THE AUCTION FOR THE RIGHT OF CONCLUSION

AGREEMENT FOR PLACING A NON-STATIONARY COMMERCIAL OBJECT

AND CONCLUSIONS OF THE NON-STATIONARY AGREEMENT AGREEMENT

SHOPPING OBJECT

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

for placement of non-stationary trading facility

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

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

3. For the purposes of this resolution, an open auction means tenders, the winner of which is the person who has offered the highest price for the right to conclude an agreement on the placement of a non-stationary trading facility (hereinafter - 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 organizer of the auction.

6. The auction organizer 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, sets the time, place and procedure for the auction, the form and deadline for submitting applications for participation in the auction, the procedure for making and returning the deposit, the amount of increase The initial price of the subject of the auction ("auction step").

7. The "auction step" is set between one percent and five percent of the starting price of the subject of the auction.

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 cannot be more than 20 percent of the initial price of the subject of the auction.

10. The auction organizer at least thirty calendar days prior to the day of the auction must post the notice of the auction and auction documentation, including the draft contract for the placement of a non-stationary trading 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 organizer of the auction, which made the decision to hold the auction, about the details of this decision;

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

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

location and size of the location of the non-stationary trading facility;

type of non-stationary trading facility;

specialization;

placement period;

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

4) on the initial price of the subject of the auction, as well as on the time and procedure for making the final price of the subject of the auction, which should provide for the introduction of its uniform parts and time intervals throughout the placement of the non-stationary trading facility;

5) about the "auction step";

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

7) on the size of the deposit, on the procedure for making it by the auction participants and return to them, on the details of the account 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 should contain the following information:

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

2) typical architectural solutions of non-stationary trading objects;

3) requirements for the content, composition, design and application form 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) the place, day and time of acceptance of applications for participation in the auction;

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

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

13. The auction organizer has the right to refuse to hold the auction no later than three calendar days before the day of the auction. A 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 is obliged to notify the auction participants of its refusal to conduct the auction within three business days from the date of the announcement of the refusal to conduct the auction and to return the deposits made to the auction participants within three business days.

II. Auction for the right to conclude an agreement

for placement of non-stationary trading facility

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

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

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

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

18. The acceptance of documents is terminated no earlier than one day before the day of the auction.

19. One applicant is entitled 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 its acceptance period, is returned on the day of its receipt to the applicant.

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 specified in clause 16 of this Procedure or to provide false information;

2) non-receipt of the deposit to the account indicated in the notice of the auction, until the day of acceptance of documents for participation in the auction.

22. Refusal of admission to participation in tenders on grounds other than those specified in clause 21 of this Procedure is not allowed.

23. The auction organizer maintains a protocol for accepting applications for participation in the auction, which should 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 the refusal. The protocol for accepting bids shall be signed by the organizer of the auction within one day from the day the deadline for accepting bids. The applicant becomes an auction participant from the moment the auction organizer signs the application acceptance protocol.

24. Applicants recognized as bidders 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 execution of this decision by the protocol for accepting applications for participation in the auction.

25. The organizer of the auction is obliged to return the deposit made to the applicant who is not allowed to participate in the auction, within three working days from the date of execution 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 bids, notifying the auction organizer in writing. The auction organizer must return the deposit to the applicant within three business days from the date of registration of the withdrawal of the application. In case of withdrawal of the bid by the applicant later than the day of the deadline for accepting bids, the deposit is returned in the manner established for the bidders.

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

28. The results of the auction are recorded in the 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 made in two copies, one of which is transferred to the winner of the auction, and the second remains with the organizer of the auction. The protocol on the results of the auction shall be kept by the auction organizer for at least three years.

The protocol also indicates:

1) subject of auction;

2) auction winner;

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

29. When observing applications for participation in an auction and holding an auction, public observers are entitled to attend. Individual observers cannot be individuals:

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

2) on which auction participants are capable of influencing (including those who are participants (shareholders) of these organizations, members of their governing bodies, creditors of 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 obligated to return the deposits 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 on the placement of a non-stationary trading object, to which a typical architectural solution of a non-stationary trading object is applied in accordance with the conditions of the auction and a situational plan for placing the non-stationary trading object within the boundaries of the in accordance with the layout of non-stationary trading facilities.

32. An auction shall be deemed invalid if:

1) less than two bidders 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 for all participants who submitted applications for participation in the auction.

If after three times the initial price of the subject of the auction has been announced, none of the participants has declared 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. In the event that the auction is declared invalid due to the reason specified in subparagraph 1 of paragraph 32 of this Procedure, the sole participant is entitled, and the organizer of the auction is obliged to conclude an agreement on the placement of a non-stationary trading facility at the initial auction price.

34. The auction organizer, in cases where the auction was declared invalid or if an agreement was not concluded to place a non-stationary trading facility with a single auction participant, is entitled to announce a second auction. In this case, the conditions 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 results of the auction on the official websites of the Tender Committee and the prefecture of the administrative district of Moscow - the organizer of the auction.

36. The auction documentation 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

trading facility and the procedure for its conclusion,

changes and terminations

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

1) the grounds for concluding an agreement on the placement of a non-stationary trading 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 price of the auction, for which the winner of the auction (the only bidder) acquired the right to conclude an agreement on the placement of a non-stationary trading facility, as well as the procedure and terms for making it;

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

5) the term of the contract;

6) responsibility of the parties.

38. The auction organizer prepares a contract 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 contract for the placement of a non-stationary trading facility must comply with the conditions specified in the notice of the auction.

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

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

1) termination of trading activities by an economic entity 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 activity of an individual being an economic entity as an individual entrepreneur;

4) by a court decision in case of violation by the business entity of the essential terms of the contract for the placement of a non-stationary trading facility;

5) by agreement of the parties to the contract.

40. The contract for the placement of a non-stationary trading facility is amended if the non-stationary trading facility is moved from the place of its placement to a compensation location in the established manner.

41. The contract for the placement of a non-stationary trading facility is subject to storage by the auction organizer for the duration of its validity.

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

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

The regulation for the issuance by the prefectures of the administrative districts of the city of Moscow of a certificate of placement is approved by a resolution of the Moscow Government.

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

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

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

  the deadline is to ensure the rules for the development and approval of a scheme for the placement of non-stationary trading objects on land owned by St. Petersburg or state property for which it is not differentiated (hereinafter - educational institutions, medical organizations, sports facilities, and in the case of registration of rights by the said organizations to land the plots on which these buildings are located are closer than 50 meters from the borders of the land plots, with the exception of objects used for the implementation of the period eskoy printed products;

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

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

in the arches of buildings, on lawns, flower beds, landscaped playgrounds, recreation areas, sports, sidewalks less than three meters wide, as well as other sidewalks if it is impossible to provide a passage condition of at least 2.5 meters wide for pedestrians and pavement harvesting equipment;

on the territory of gardens, parks, squares - objects of cultural heritage, with the exception of objects used to sell sightseeing tickets, flowers, dairy products, confectionery and bakery products in the manufacturer's packaging, public catering facilities without the sale of alcoholic beverages, objects selling newspaper and magazine products , religious products, sports equipment rental facilities;

in the protection zone of electric and heat networks, under railway overpasses, overpasses, bridges;

within the red lines of the main highways of St. Petersburg, indicated 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 owned by 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 the rent for land owned by St. Petersburg ", with the exception of objects used for the sale of travel, lottery and sightseeing tickets, periodicals, printed matter, flowers, as well as ice cream and soft drinks sold from mobile shopping facilities from April 1 to November 1;

within visibility triangles 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-quarter driveways and car parking areas.


2. The procedure for the development and approval of the allocation scheme


2.1. The allocation plan is developed by the Committee for Economic Development, Industrial Policy and Trade (hereinafter - KERPPT) on the basis of proposals from the executive bodies of state power of St. Petersburg, local authorities of intracity municipalities of St. Petersburg, citizens and legal entities on land plots located in the territories of St. Petersburg (hereinafter referred to as proposals), the collection of which is carried out by the administrations of the districts of St. Petersburg in whose territory land plots are located sections (hereinafter referred to as district administrations) by receiving, 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" (hereinafter - RGIS).

2.2. In order to organize the preparation and collection of proposals by the administration of the districts no later than 1 month before the date specified in clause 2.4 of this Procedure, they inform the executive authorities of St. Petersburg, local authorities of intracity municipalities of St. Petersburg, citizens and legal entities about collection of offers.

Information is provided by the district administrations by posting on information boards at the location of the district administrations, on the official websites of the district administrations, and if they are absent, on the official website of the St. Petersburg Government information on the acceptance of proposals, address, mode of operation, and contact telephone numbers of the district administrations.

2.3. Proposals are formed taking into account the conformity of the purpose of use and types of retail facilities planned for inclusion in the allocation scheme, planned dates for the placement of retail facilities, requirements for land plots, including the purpose of their use, and commercial facilities placed on land, established by a resolution of the Government of St. Petersburg from 12.30.2010 N 1830 "On the Procedure for interaction of executive bodies of state power of St. Petersburg with the provision of land for purposes not related to construction work, standards and actual indicators of the minimum population provision with the area of \u200b\u200btrade objects in the territory of the St. Petersburg region and are sent to the district administrations with the cadastral number of the land plot for the commercial object, and in case of its absence - with the application of an arbitrary border scheme drawn up in arbitrary form land plot.

3.2. Amendments to the placement scheme are carried out by KERPTT on the basis of proposals, appeals of the KGA, Constitutional Court, KGIOP, KEIO, KB, KZRiZ, KUGI, Press Committee, district administrations on the exclusion of trade objects from the placement scheme on the grounds specified in clause 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 KERPTT on approval of the allocation scheme, as well as the order of KERPTT on making changes to the placement scheme shall be published in the manner established for the official publication of regulatory legal acts of the executive bodies of state power of St. Petersburg, and placed on the official website of KERPTT in the Internet "

Document Overview

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

The procedure for developing and approving a scheme for the placement of non-stationary trading objects on land owned by St. Petersburg or state property for which is not delimited has been approved.

The allocation 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 authorities of intracity municipalities, citizens and legal entities on land plots located in the territories of St. Petersburg districts, which are collected by the administrations of St. Petersburg districts in the territory of which the land plots are located, by receiving, placing and analyzing information, reduced and spatial data included in the regional information system containing information about real estate and land management "Geographic Information System of St. Petersburg."

The procedures for updating and making changes to the allocation scheme, publishing the allocation scheme and changes to it are established.

Changes were made to the powers of the Committee for Economic Development, Industrial Policy and Trade, the Administration of the St. Petersburg Region, the Committee for Land 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 Monuments of History and Culture, the Committee on press and media relations, the Construction Committee, the City Property Management Committee, regarding the layout of non-stationary ary shopping facilities on land.

From the date of entry into force of the decision to approve the layout of non-stationary trading facilities, the resolution "On measures to implement the Law of St. Petersburg" On the provision of land for the placement of temporary (non-capital) objects of the consumer market "and the amendments to it, the resolution" On streamlining the distribution of retail facilities used to sell periodicals. "

The decision comes into force from the day of official publication.

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

In accordance with the Federal Law of December 28, 2009 N 381-FZ   “On the Basics of State Regulation of Trade Activities in the 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 trading facilities located on land plots, in buildings, structures and structures owned by the state, in the allocation scheme of non-stationary trading facilities" The Moscow Government decides:

1. Approve:

1.1. The procedure for developing and approving the layout of non-stationary trading 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 holding an auction for the right to conclude an agreement on the placement of a non-stationary trading object and concluding an agreement on the placement of a non-stationary trading object ().

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

2. Assign to the prefectures of the administrative districts of the city of Moscow the functions of state customers to ensure the improvement and equipping of the locations of non-stationary trading facilities in accordance with the approved allocation 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 Moscow.

3. To the Deputy Mayor of Moscow in the Moscow Government on issues of working with the media, inter-regional cooperation, sports and tourism, advertising, to provide information support for the implementation of measures in accordance with this resolution.

4. To establish that the regulatory legal acts of the city of Moscow governing the placement of non-stationary trading objects are applied in so far as they do not contradict this resolution.

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 on the territory of the city of Moscow of objects that are not objects of capital construction” (as amended by the decrees of the Government of Moscow of May 26, 2009 N 499-PP, of June 23, 2009 N 588-PP, of 9 March 2010 N 203-PP, dated July 27, 2010 N 629-PP):

5.1. Clause 1 of section II to the decision shall be declared invalid.

5.2. In paragraph 15 of section III of the resolution, the words "Kiosks of small retail trade, stopping pavilions, OTM," shall be deleted.

5.3. Clauses 16, 17, 18 of section III to the resolution shall be declared null and void.

5.4. Clause 4 of Section IV of the Decree is declared invalid.

6. To recognize as invalid:

6.1. Clauses 1-14 of the Decree of the Government of Moscow of April 25, 2006 N 274-PP "On streamlining the location of small retail facilities in the city of Moscow".

6.2. Clauses 1.1-1.3 of the Resolution of the Government of Moscow of October 31, 2006 N 861-PP "On Amendments and Additions to the Decisions 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 Resolution of the Government of Moscow of May 27, 2008 N 444-PP "On Amendments and Additions to the Decisions of the Government of Moscow of 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 Decree of the Government of Moscow of October 7, 2008 N 920-PP "On Further Measures for the Implementation of Decree of the Government of Moscow of November 29, 2005 N 965-PP".

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

6.6. Paragraphs 1, 3 of the Resolution of the Government of Moscow of March 9, 2010 N 203-PP "On Amendments and the Recognition of Certain Provisions of Decisions of the Government of Moscow" as invalid.

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 retail network in the territory of the city of Moscow in 2011."

7. The control over the implementation of this resolution shall be assigned to the Deputy Mayor of Moscow in the Government of Moscow on issues of economic policy, Sharonov A.V.

Moscow Mayor

S.S. Sobyanin

  Annex 1

Order
  development and approval of the layout of non-stationary trading facilities located in the city of Moscow on land, in buildings, structures and structures owned by the state

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 fundamentals of state regulation of trade in the Russian Federation", by the decree of the Government of the Russian Federation of September 29, 2010 N 772   “On the approval of the Rules for the inclusion of non-stationary trading facilities located on land plots, in buildings, structures and structures owned by the state, in the allocation scheme of non-stationary trading 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 trading facilities on land plots, in buildings, structures, structures owned by the state (hereinafter - the non-stationary trading layout objects).

2. Placement of non-stationary trading facilities in Moscow on land plots, in buildings, structures, structures owned by the state, is carried out in accordance with the layout of non-stationary trading facilities, taking into account the need to ensure sustainable development of territories, including eliminating the negative impact of objects on pedestrian and transport infrastructure, and the achievement of the standards established by the Moscow Government for minimum provision of the population with the area of \u200b\u200btrade such as are for the city of Moscow.

3. Placement of non-stationary trading objects is carried out:

1) for non-stationary trading objects on land plots owned by the city of Moscow or state property for which it is not delimited - on the basis of an agreement on the placement of a non-stationary trading object in accordance with this resolution.

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

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

4. Non-stationary trading facilities include trading facilities, which are temporary structures or temporary structures that are not firmly connected to the land plot, regardless of the connection or non-connection to the engineering and technical support networks:

1) pavilion - a temporary structure having a trading floor and premises for storing inventory, designed for one or more jobs;

2) a kiosk - a temporary building equipped with commercial equipment that does not have a trading floor and premises for storing goods, designed for one workplace of the seller, on the area of \u200b\u200bwhich the stock of goods is stored;

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

4) melon collapse - a specially equipped temporary structure, which is a platform for the sale of melon;

5) Christmas tree market - 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 a stationary enterprise, which is a platform for a public catering facility for additional catering and (or without) rest of consumers;

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

5. This procedure does not apply to the temporary placement of non-stationary trading facilities during sporting events, cultural events and other events, the placement of peddlers of sellers who carry out hand-held trading using special equipment, which are regulated by individual legal acts of the city of Moscow.

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

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

7. The layout of non-stationary trading facilities should provide for the placement of at least sixty percent of non-stationary trading facilities used by small or medium-sized enterprises engaged in trading activities of the total number of non-stationary trading 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 amount are goods (services) of one group. The implementation of other additional groups of goods (services) is carried out in accordance with the established nomenclature.

The specialization of the non-stationary trading facility is indicated in the name of the non-stationary trading facility: “Milk”, “Bread”, “Grocery”, “Gastronomy”, “Confectionery”, “Fish”, “Vegetables and fruits”, “Printing”, “Flowers”, "Tickets", "Theater tickets", "Ice cream", "Kvass", "Cafe", "Shoe repair", "Shoe shine", "Inquiries", "Hire", "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, which 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 trading facilities, the minimum assortment list and the nomenclature of additional groups of goods in accordance with the specialization are approved by order of the Department of Trade and Services of Moscow.

9. The placement period is set in the layout of non-stationary shopping facilities for each location of a 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 locations of mobile facilities 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 locations of Christmas tree markets, the placement period is set from December 20 to December 31;

3) for places of melon collapse placement, the placement period is set from August 1 to November 1;

4) for other non-stationary trading facilities, with the exception of those provided for by 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 placements in the layout schemes of non-stationary trading objects:

1) in the 25-meter zone from the perimeter of technical structures and the 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, information services;

2) in the arches of buildings, on lawns, flower beds, platforms (children's, leisure, 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 car overpasses, as well as in the 5-meter security zone from the entrances (exits) to the 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 subject to the free width of the passage along the sidewalk (including in the presence of lighting poles and other supports, tree trunks) in the main course of the pedestrian traffic not less than 3 meters, and in the transverse direction from the extreme element of the object to the edge of the carriageway not less than 1.5 meters.

12. When determining the location and size of the location of a non-stationary trading facility in the layout of non-stationary shopping facilities, the prefectures of the administrative districts of Moscow provide improvement and equipment for the locations of non-stationary shopping facilities, including:

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

2) the ability to connect non-stationary trading facilities to the networks of engineering and technical support;

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

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

13. The Moskomarchitecture, on the proposals of the prefectures of the administrative districts of Moscow, is developing a draft scheme for the placement of non-stationary trading facilities in the context of administrative districts / districts of Moscow, and, if necessary, finalizing the draft scheme, makes the necessary changes to the specified project.

III. Requirements for the approval of location schemes for non-stationary trading facilities

14. After developing a draft scheme for the placement of non-stationary trading facilities by administrative districts / districts of the city of Moscow, the Moscow City Architecture Committee within 5 working days sends the draft scheme for the placement of non-stationary trading facilities to the prefecture of the administrative district of Moscow.

15 . After receiving the draft layout scheme for non-stationary trading facilities, the prefecture of the administrative district of Moscow up to 3 business days places it on its official website in the information and telecommunication network "Internet" (with an address and deadline 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) the Department of Nature Management and Environmental Protection of the city of Moscow (in the case of placement of objects on 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 zones of protection of cultural heritage objects).

16. The term for approval of the draft scheme for the placement of non-stationary trading facilities is not more than 14 calendar days from the date of receipt by the organizations specified in this Procedure.

In case of failure to submit information by agreement within the target date, the draft layout of the location of non-stationary trading facilities is considered to be agreed upon by default.

17. Simultaneously with the submission of the draft scheme for the location of non-stationary shopping facilities for approval to the organizations specified in this Procedure, the prefecture of the administrative district of Moscow sends the draft scheme for the placement of non-stationary shopping facilities to municipal assemblies of intracity municipalities.

18. The term for approval of the draft scheme for the placement of non-stationary trading facilities by municipal assemblies of intracity municipalities is not more than 21 calendar days from the moment they are received by the municipal assembly of intracity municipality.

19. The decision on the approval of the draft scheme for the placement of non-stationary trading facilities is approved by the decision (legal act) of the municipal assembly of the intracity municipality.

20. After receiving all the approval visas, the prefect of the administrative district of the city of Moscow sends the draft layout scheme for non-stationary retail facilities to the Interdepartmental Commission on Consumer Market Issues under the Government of Moscow within 3 business days.

If there are unaccounted for comments of the coordinating organizations and comments received from citizens and organizations within the deadline set on the official website of the Internet information and telecommunication network, a list of disagreements is attached to the draft scheme for the placement of non-stationary trading objects with the justification for the decision made.

21. The Interdepartmental Commission on Consumer Market Issues under the Government of Moscow, within 30 working days, considers the draft scheme for the placement of non-stationary trading facilities and makes a decision on whether it needs to be approved or finalized.

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

23. To include non-stationary trading facilities in the layout of non-stationary trading facilities (making changes to the layout of non-stationary trading facilities), the prefecture of the administrative district of the city of Moscow shall send to the Moscow Government or the federal executive body exercising the authority of the property owner a request 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 \u200b\u200btrade facilities in the territory of the administrative district / district;

b) the purpose of the use of non-stationary trading facilities included in the placement scheme is the specialization of non-stationary trading facilities;

c) types of non-stationary trading facilities planned for inclusion in the placement scheme;

d) the planned dates (period) for the placement of non-stationary trading facilities.

24. In the event of a change in the urban planning situation before the expiration of the placement period specified in the location scheme of the non-stationary shopping facility and the need to make changes to the placement of non-stationary shopping facilities, the prefecture of the administrative district of Moscow presents proposals for moving the non-stationary shopping facility from its location to compensatory placement.

25. The Interdepartmental Commission on Consumer Market Issues 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, consider the application of the prefecture of the administrative district of Moscow within 30 working days and decide on the approval of the inclusion of non-stationary trading objects (amendments ) to the placement scheme or to refuse such approval.

26. The decision of the Interdepartmental Commission on Consumer Market Issues under the Government of Moscow or the federal executive body exercising the authority of the property owner to agree on the inclusion of non-stationary trading facilities (amendments) to the placement scheme shall be sent in writing to the prefecture of the administrative district of Moscow and before 3 working days is approved by order of the prefect of the administrative district of Moscow.

27. The layout of non-stationary trading facilities and their amendments are subject to publication in the manner established for the official publication of orders of prefects of the administrative districts of Moscow, as well as posting on the official websites of the Department of Trade and Services of Moscow and the prefectures of administrative districts of Moscow in the information and telecommunication the Internet in up to 3 business days after their approval.

  Appendix 2

Order
  organization and holding of an auction for the right to conclude an agreement on the placement of a non-stationary trading facility and concluding an agreement on the placement of a non-stationary trading facility

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

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

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

3. For the purposes of this resolution, an open auction means tenders, the winner of which is the person who has offered the highest price for the right to conclude an agreement on the placement of a non-stationary trading facility (hereinafter - 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 organizer of the auction.

6. The auction organizer 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, sets the time, place and procedure for the auction, the form and deadline for submitting applications for participation in the auction, the procedure for making and returning the deposit, the amount of increase The initial price of the subject of the auction ("auction step").

7. The "auction step" is set between one percent and five percent of the starting price of the subject of the auction.

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 cannot be more than 20 percent of the initial price of the subject of the auction.

10. The auction organizer at least thirty calendar days prior to the day of the auction must post the notice of the auction and auction documentation, including the draft contract for the placement of a non-stationary trading 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 organizer of the auction, which made the decision to hold the auction, about the details of this decision;

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

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

location and size of the location of the non-stationary trading facility,

type of non-stationary shopping facility,

specialization

placement period

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

4) on the initial price of the subject of the auction, as well as on the time and procedure for making the final price of the subject of the auction, which should provide for the introduction of its uniform parts and time intervals throughout the placement of the non-stationary trading facility;

5) about the "auction step";

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

7) on the size of the deposit, on the procedure for making it by the auction participants and return to them, on the details of the account 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.

2) typical architectural solutions of non-stationary trading objects;

3) requirements for the content, composition, design and application form 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) the place, day and time of acceptance of applications for participation in the auction;

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

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

13. The auction organizer has the right to refuse to hold the auction no later than three calendar days before the day of the auction. A 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 is obliged to notify the auction participants of its refusal to conduct the auction within three business days from the date of the announcement of the refusal to conduct the auction and to return the deposits made to the auction participants within three business days.

II. An auction for the right to conclude an agreement on the placement of a non-stationary trading facility

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

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

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

17. The auction organizer does not have the right to demand the submission of documents other than those specified in this Procedure.

18. The acceptance of documents is terminated no earlier than one day before the day of the auction.

19. One applicant is entitled 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 its acceptance period, is returned on the day of its receipt to the applicant.

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

1) failure to submit certain documents of this Procedure necessary for participation in the auction documents or the provision of false information;

2) non-receipt of the deposit to the account indicated in the notice of the auction, until the day of acceptance of documents for participation in the auction.

22. Refusal of admission to participation in tenders on grounds other than those specified in this Procedure is not allowed.

23. The auction organizer maintains a protocol for 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 the refusal. The protocol for accepting bids shall be signed by the organizer of the auction within one day from the day the deadline for accepting bids. The applicant becomes an auction participant from the moment the auction organizer signs the application acceptance protocol.

24. Applicants recognized as bidders 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 execution of this decision by the protocol for accepting applications for participation in the auction.

25. The organizer of the auction is obliged to return the deposit made to the applicant who is not allowed to participate in the auction, within three working days from the date of execution 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 bids, notifying the auction organizer in writing. The auction organizer must return the deposit to the applicant within three business days from the date of registration of the withdrawal of the application. In case of withdrawal of the bid by the applicant later than the day of the deadline for accepting bids, the deposit is returned in the manner established for the bidders.

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

28. The results of the auction are recorded in the 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 made in two copies, one of which is transferred to the winner of the auction, and the second remains with the organizer of the auction. The protocol on the results of the auction shall be kept by the auction organizer for at least three years.

The protocol also indicates:

1) subject of auction;

2) auction winner;

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

29. When observing applications for participation in an auction and holding an auction, public observers are entitled to attend. Individual observers cannot be individuals:

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

2) on which auction participants are capable of influencing (including those who are participants (shareholders) of these organizations, members of their governing bodies, creditors of 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 obligated to return the deposits 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 on the placement of a non-stationary trading object, to which a typical architectural solution of a non-stationary trading object is applied in accordance with the conditions of the auction and a situational plan for placing the non-stationary trading object within the boundaries of the in accordance with the layout of non-stationary trading facilities.

32. An auction shall be deemed not held if:

1) less than two bidders 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 for all participants who submitted applications for participation in the auction.

If after three times the initial price of the subject of the auction has been announced, none of the participants has declared 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. In the event that the auction is deemed not held due to the reason specified in subparagraph 1 of paragraph 32 of this Procedure, the sole participant is entitled, and the organizer of the auction is obliged to conclude an agreement on the placement of a non-stationary trading facility at the initial auction price.

34. The auction organizer, in cases where the auction was declared invalid or if an agreement was not concluded to place a non-stationary trading facility with a single auction participant, is entitled to announce a second auction. In this case, the conditions 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 results of the auction on the official websites of the Tender Committee and the prefecture of the administrative district of Moscow - the organizer of the auction.

36. The auction documentation 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 trading facility and the procedure for its conclusion, amendment and termination

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

1) the grounds for concluding an agreement on the placement of a non-stationary trading 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 price of the auction, for which the winner of the auction (the only bidder) acquired the right to conclude an agreement on the placement of a non-stationary trading facility, as well as the procedure and terms for making it;

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

5) the term of the contract;

6) responsibility of the parties.

38. The auction organizer prepares a contract 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 contract for the placement of a non-stationary trading facility must comply with the conditions specified in the notice of the auction.

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

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

1) termination of trading activities by an economic entity 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 activity of an individual being an economic entity as an individual entrepreneur;

4) by a court decision in case of violation by the business entity of the essential terms of the contract for the placement of a non-stationary trading facility;

5) by agreement of the parties to the contract.

40. The contract for the placement of a non-stationary trading facility is amended if the non-stationary trading facility is moved from the place of its placement to a compensation location in the established manner.

41. The contract for the placement of a non-stationary trading facility is subject to storage by the auction organizer for the duration of its validity.

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

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

The regulation for the issuance by the prefectures of the administrative districts of the city of Moscow of a certificate of placement is approved by a resolution of the Moscow Government.

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

43. The agreement on the placement of a non-stationary trading facility and the certificate of placement are confirmation of the right to carry out trading activities in the place established by the layout of the placement of non-stationary trading 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 the auction for the right to conclude an agreement on the placement of non-stationary trading objects (full name of the auction and details of the prefecture's decision on the auction) and on the basis of the protocol on the auction results N __________ from __________________ concluded this agreement on the following:

1. The Subject of the Agreement

1.1 . The prefecture provides the Entrepreneur with the right to place a non-stationary trading facility: _________________________________________________________

(type and specialization of the object)

_________________________________________________________________________

(object location)

according to the situational plan for the location of a non-stationary trading facility and a typical architectural solution, which are integral parts of this agreement, and the Entrepreneur undertakes to place and ensure the operation of the object throughout the term of this agreement on the conditions and in the manner provided for in accordance with this agreement, federal law and legislation Moscow city.

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

1.3. The placement period is set from "___" _____________

G. by "___" _____________ _____

2. Payment for the placement of the facility and the procedure for settlements

2.1. The fee for the placement of the object is set in the amount of the final auction price, for which the Entrepreneur has acquired the right to conclude this agreement and is _______________________________________.

2.2. Annually, no later than __________ Entrepreneur pays ______%

auction prices 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 size of the payment for the placement of the object cannot be changed by agreement of the parties.

3. Rights and obligations of the Parties

3.1. The entrepreneur has the right:

3.1.1. Place the object by location in accordance with this agreement.

3.1.2. Use the Object for carrying out trading activities in accordance with the requirements of federal law and the legislation of the city of Moscow.

3.1.3. In case of a change in the urban planning situation and making changes to the layout of non-stationary trading objects in connection with this, move the Object from its location to a compensatory location.

3.2. The entrepreneur is obliged:

3.2.1. Make timely payments for the placement of the Object.

3.2.2. Preserve the type and specialization, location and size of the Object for a specified 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 law and the legislation of the city of Moscow.

3.2.4. Ensure the preservation of the appearance and design of the Object throughout the term of this contract.

3.2.5. Ensure compliance with sanitary norms and rules, garbage and other waste from the use of the facility.

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

3.2.7. Use the Object in ways that should not be harmful to the environment.

3.2.8. Prevent pollution, cluttering the location of the Object.

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

persons.

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

3.2.11. If the Object is structurally combined with other non-stationary trading objects, to ensure the dismantling of the Object without prejudice to other non-stationary trading objects.

3.3. The prefecture has the right to:

3.3.1. At any time during the validity of the contract, verify compliance by the Entrepreneur with the requirements of this contract at the location of the Object.

3.3.2. Demand termination of the contract and compensation for losses if the Entrepreneur does not place the Object in accordance with its type, specialization, placement period, scheme and other conditions of this agreement.

3.3.3. In case of refusal of the Entrepreneur to dismantle and remove the Object upon termination of the contract in the prescribed manner, independently carry out the indicated 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 situation and making changes in the layout of non-stationary trading objects in connection with this, 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 of its signing by the parties until “___” ___________ 20 ___, and in terms of fulfillment of payment obligations - until the moment of fulfillment of such obligations.

4.2. Any of the Parties has the right at any time to withdraw from this agreement, warning the other Party at least 10 days in advance.

5. Responsibility of the parties

5.1. In case of non-fulfillment or improper fulfillment of obligations under this agreement, the Parties shall be liable 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 fine to the Prefecture in the amount of ______% of the amount of debt for each day of delay.

5.3. In case of placement of the Object with violations of its type, specialization, location and period of work, the Entrepreneur shall pay the Prefecture a fine of ______% of the fee under the contract and reimburse all losses caused by this.

6. Modification and termination of the contract

6.1. By agreement of the Parties, this agreement may be amended. At the same time, it is not allowed to change the essential terms of the contract:

1) the grounds for concluding an agreement on the placement of a non-stationary trading 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 price of the auction, for which the winner of the auction (the only bidder) acquired the right to conclude an agreement on the placement of a non-stationary trading facility, as well as the procedure and terms for making it;

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

5) the term of the contract;

6) responsibility of the parties.

6.2. Changes 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 the 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 activity of an individual being an economic entity as an individual entrepreneur;

4) by a court decision in case of violation by the Entrepreneur of the essential terms of the contract for the placement of a non-stationary trading facility;

5) by agreement of the parties to the contract;

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

7. Final Provisions

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

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

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

Appendix 1 - situational plan for the location of a non-stationary trading facility.

Appendix 2 - a typical architectural solution of the object.

8. Details and signatures of the Parties

Entrepreneur Prefecture ___________________

administrative district

moscow city

____________________________________________________________

Signature

 

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