Each of us tries to somehow spin in this life. It's no secret that today it's quite difficult for some to find Good work with a decent salary. Sometimes an unstable economic situation forces us to turn to those categories of cases that were once completely alien to us.

Most people work in a variety of enterprises on the basis of an employment agreement that directly establishes the rights and obligations of the parties. But, some of us categorically do not want to depend on someone else. This is where self-employment can help.

Having chosen the legal form, you can go directly to the definition of the activity itself. Today, the variety of works is so wide that each of us can focus on what the soul lies in. But, it is worth noting that certain types of activities require special licenses and patents. In addition, the very legal consolidation is also a special procedure that each participant in commercial relations must comply with.

One of the most common types of employment in own business becomes trade. Each of us knows how many different points exist today where you can buy certain goods. Competition in such a market is very high, but justified: the more people who sell products, the higher its quality.

Where should you apply? What documents need to be submitted? Who is in charge of trade registration? How to arrange everything correctly? We will answer all these questions in our article. Therefore, if you are faced with the need to open a trade or you are simply interested in such information, then be sure to read the material provided.

The concept of registering a trade permit

Before proceeding directly to the procedure itself, we suggest that you familiarize yourself with what constitutes a trade permit. Concepts of this kind are designated from a legal point of view and, as a rule, are fixed in state acts.

The term can be considered in two aspects:

• directly the process of legally securing the status of a subject of trade for a certain representative commercial activities, which is a list of steps necessary to achieve the goal - obtaining permission to sell certain goods;
• the very result of a process that entitles an entity to trade in a particular area economic activity obtained by the method provided for by regulatory legal acts.

That is, the first concept characterizes the procedure for registering activities, and the second - already final result. In the article, we paid attention to the very procedure for carrying out actions, since without its correct execution, there is no question of any permission.

How to get a trading permit

The first step will be the choice of the form of implementation of such work. In this case, a person needs to decide who he will be in the commercial market: an individual entrepreneur or a legal entity. In this case, it is worth considering several nuances.

First of all, if you are planning an activity that is associated with a certain risk (huge competition, a special procedure for securing a commercial status, etc.), then it is worth considering that the two forms listed above play a role in such a case. So, when incurring losses if you are registered as an individual entrepreneur, you should understand that you will need to answer to creditors with all your property. If the trade was carried out by a limited liability company, then the loss will relate exclusively to the deposits of such a company. None of the representatives of the founders of the organization will be liable with their own property.

In addition, it is worth noting that there are certain activities that only organizations are allowed to carry out. For example, if an entrepreneur decides to distribute alcoholic products.

Also of great importance is the payment of taxes, since in trade it differs depending on organizational form. For example, if an individual entrepreneur is listed as one that conducts activities in trade, but does not actually carry out it, contributions to the Pension Insurance Fund will still need to be paid. Another procedure is provided for legal entities. Organizations make such payments only in the case when they carried out activities in the field of trade. Otherwise, they are exempt from taxation.

Another nuance in the tax system is that there is a list of certain payments that are made depending on the type of organizational form. Thus, the property that is used in trading activities, is taxed for legal entities, but not for individual entrepreneurs.

The difference also lies in what can be done with the profits that individuals make as a result of trading. Thus, for each organization, legislation provides for a special procedure for conducting cash registers. After the working day, all income in without fail should be handed over to bank branches. That is, the participants in the society do not have the right to take the money and dispose of it. There is a special procedure for this. There are no such restrictions for an individual entrepreneur. He has the right to take the money at any time and do whatever he wants with it.

In addition, it is worth noting that organizations have a special period during which they can dispose of their income. The legislation states that they can carry out such actions once every three months, that is, quarterly. As mentioned above, there are no rules for a private businessman in this regard.

Also, another difference is accounting in the field of accounting. Thus, all legal entities must enter into special books income and expenditure transactions in the field of trade. In addition, they periodically need to submit such reports to the relevant authorities. Individual entrepreneurs are not required to maintain such documentation. The same rule applies to submission.

In addition, it is worth noting the difference in fines. So, for violation of the rules of conducting trade, organizations pay fines that are much higher than those intended for individual entrepreneurs.

Where to get a trade permit

Having decided on the form, you can proceed directly to registration. The first task is to check whether the selected activity is subject to licensing. So, speaking in general, in most cases it is necessary to obtain additional permission if it is planned to sell alcohol and tobacco products. In such situations, every entrepreneur and organization will need to obtain a license.

If the activity does not require special permission, then you need to follow this order:

• filing a special application with the Rospotrebnadzor body;
• obtaining permission from the local authority regarding territorial placement;
• drawing up a control plan for production;
• conclusion of the sanitary epidemiological station;
• opinion on the fire safety of the place of sale of goods.

In the event that an entrepreneur requires a special permit for full-fledged trade, then in addition to the above documents, he will also need to have a license. To do this, each economic entity must apply to local authorities with a relevant application.

Since each of the steps has its own characteristics, we suggest that you familiarize yourself with some of them in more detail.

Filing with a special application to the Rospotrebnadzor body to obtain a trade permit

The first and one of the most important steps in obtaining a trade permit will be to apply to Rospotrebnadzor. It is this state type organization that provides documentation, which becomes the basis for conducting activities in the field of sales of goods.

Anyone who wants to start trading should come to the branch that serves the location of the activity. At the same time, it matters in what form the activity itself is carried out. If this is an individual entrepreneur, then you need to find an instance that serves the region at the place of registration individual. In the event that the business is conducted by an organization, then it is necessary to proceed from its location indicated in the registration documentation.

It is worth noting that when applying, you need to have a special application. In addition, it is not drawn up in a voluntary form, but has a state standard. That is, you do not need to invent a bicycle, but you just need to find a special form to fill out. You can take such a form directly at the territorial office of Rospotrebnadzor. To do this, you just need to contact a special employee who manages such cases. In addition, today all state bodies have electronic support. This means that each of us can go to the official website of a particular authority and download everything you need.

But, it is worth considering that sometimes it is quite difficult to find exactly what you need on such resources. Often this is due to ignorance of the name of the document itself. Therefore, we suggest you download the form to fill out:

Once you receive the form, it must be filled out correctly. Like any other documents of this kind, this form has certain recommendations for filling out. The easiest way is if you downloaded the file, immediately and indicate all the information on the computer. In this case, you do not need to change the fonts themselves and their sizes, because they are installed automatically. After the data is entered, the document is printed and signed by the entrepreneur himself or an authorized person of the organization.

You can also fill out the document manually after printing it. But, at the same time, it is allowed to use ink of three colors: black, blue and purple. Also, writing is very important. In this case, block type should be used and all entries should be in capital letters. In documents of this kind, corrections and strikethroughs are not allowed. If you make a mistake when entering data, then you need to rewrite everything.

If we talk about the information that is entered into the form, then it includes:

• designation of the name of the entrepreneur or the name legal entity;
• date of registration with the tax authorities;
• identification code;

In addition, it will be necessary to indicate clearly the types of activities that will be carried out. In our case, we are talking about trade. The class of goods and the need for licensing are indicated.

After preparatory stage passed, you must contact the appropriate authority. For this in working time you need to take the form to Rospotrebnadzor and give it to the appropriate registrar. In addition, it is mandatory to have a document with you that confirms your identity. If a person represents someone's interests, it is also necessary to submit a power of attorney, which confirms the right to such actions.

After accepting the application, the authorized body reviews the form and makes a decision on the case. In case of a positive response, the entrepreneur is provided with a document that confirms his right to trade. You can get it both in the department itself and by mail, indicating this option when submitting.

Obtaining a trade permit from the local authority regarding the territorial distribution

Another important component will be the permission of local authorities. If the previous option was provided in order to directly fix the type of trade itself, then such a measure is taken in order to indicate the territorial location of the object where the sale of goods will take place.

In this case, each entrepreneur needs to apply to the executive body of his locality. The principle of territoriality is exactly the same here. In addition to the application itself, everyone must confirm their right to use one or another outlet.

To do this, you need to have certain confirmations. They can be the right of ownership or a lease agreement. So, many entrepreneurs today cannot afford to buy a certain outlet. Therefore, they use it by concluding a special agreement with the owner.

The principle of submitting the application itself and obtaining a document with permission is exactly the same as in the previous section.

Conclusion on the fire safety of the place of sale of goods

Each of us knows how important safety is today. The modern world has many dangerous factors. Fires are becoming a fairly common occurrence in retail outlets. Therefore, the state introduced a special check of this kind in order to prevent the possibility of fire as a result of technical malfunctions and non-compliance with certain rules.

Each entrepreneur who has decided on the point of carrying out his activities must pass a fire safety inspection without fail. To do this, he needs to contact a specialized body that serves the location of the outlet.

Based on the application, specialists conduct an inspection of the premises in which it is planned to carry out trade. They consider all the nuances that can become the basis for a fire. Therefore, before their arrival, you need to take care of the condition of your premises. First of all, you need to check the wiring, purchase a fire extinguisher, etc.

If the fire inspection does not find any violations, the entrepreneur is provided with a special document that confirms the satisfactory condition of the outlet, which becomes an addition to the possibility of carrying out activities in the field of sale of goods.

Conclusion of the sanitary and epidemiological station on obtaining a trade permit

Another important factor is the availability of special permission from the sanitary and epidemiological station. Without such a document, no entrepreneur has the right to trade in goods. This measure is introduced in order to ensure the safety of consumers and to check the storage conditions of the goods.

In order to obtain such a document, you need to contact the sanitary and epidemiological station according to the same territorial principle. Based on the application, special workers will be sent to the outlet, who will conduct the entire examination.

It is worth noting that, first of all, such bodies pay attention to the presence of a variety of living creatures in the room where the goods are sold. Today, many entrepreneurs rent the basements of old houses, where cockroaches and even rats are permanent residents. Therefore, before the arrival of such specialists, it is worth taking care of the absence of a variety of living creatures.

Obtaining a trade permit from the sanitary and epidemiological station occurs after verification. If the authority does not find any violations, then a document is provided that indicates the possibility of trading in a certain type of goods.

Obtaining a retail license

Today, a huge number of people are wondering how to properly organize the sale of goods at retail. In this situation, the entire scheme that was described earlier is preserved.

That is, first of all, a person needs to decide directly on the very type of organizational - legal form. Further, it all depends on the goods that will be sold. If they require licensing, then you need to obtain such permission.

How to get a street vending permit

Another most frequently asked question is the street trade registration procedure. Each of us has seen at least once tents that are placed right on the walkway. That is, here we are not talking about specialized buildings, but about individual objects.

First of all, it is worth noting that trade in such places is regulated by local regulations. That is, it is not the state that considers such an issue, but directly the authorities of a certain territory. Therefore, you need to find out all the information on this occasion in your separate region.

The main point of the permit for the right to trade on the street is the location of the outlet. Today this issue is the most problematic. Each entrepreneur must approve the location of the object of commercial activity. As a rule, local authorities establish territories intended for doing business of this kind.

If we talk about the registration procedure itself, then it is almost the same. The only exception is the moment of obtaining permission to occupy a certain territory.

Trade Permitimplies that the activities for the sale of goods are coordinated with the authorities state power. But obtaining this permission is not always necessary. When it is required and where to apply for it - that's what will be discussed in the article.

Notice of commencement of activity

To start a business in the trading field, it is not always necessary to obtain a trade permit from the state. Only certain types activities are subject to licensing and are specified in the law. But in some cases, it is still necessary to notify the relevant government agency of your discovery. Such a requirement is set out in the law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of state control(Supervision) and Municipal Supervision” dated December 26, 2008 No. 294-FZ.

This normative act contains a list of activities in relation to which the notification procedure in trade is applied. But there is also a Decree of the Government of the Russian Federation “On the notification procedure for the start of certain types of entrepreneurial activity” dated July 16, 2009 No. 584, where the list of activities is specified in more detail. As a result, it looks like this:

Persons who decide to conduct one of these types of activities do not need to issue a trade permit, but simply notify the relevant government agency.

Notice procedure

The procedure for submitting a notification to the authorized body is fixed in Decree of the Government of the Russian Federation No. 584. According to it, the applicant must provide 2 completed copies of the notification to the authorized body. Such a body in Moscow is the district council of the city or the prefecture of the administrative district, it all depends on where the applicant is registered. The notification form is given in the same resolution.

The notification can be submitted in person, sent by mail or via the Internet in the form of an electronic document.

Two copies are served in order to immediately return one to the applicant with a mark of delivery. When submitting an electronic document, the applicant is sent a confirmation of delivery also in in electronic format.

The notice itself contains the following information:

• name of the legal entity or full name of the entrepreneur;
• OGRN;
• legal address and actual address of the object of trade;
• type of activity and the list of works and services within the framework of a separate type of activity.

Note: No documents are required to be attached to the notification. This procedure is much easier to obtain a trade permit.

All information from the notification serves to form the Trade Register, which is maintained in accordance with the order of the Ministry of Industry and Trade dated June 16, 2010 No. 602.

What awaits the seller who has not submitted a notification

Everyone has long understood that the lack of a trade permit (if it is required without fail) entails the imposition of fines. But the notification procedure is not taken so seriously, although it also provides for its own responsibility.

Don't know your rights?

The Code of Administrative Offenses of the Russian Federation considers it a misdemeanor to violate the rules for notification of the commencement of activities. And the responsibility is spelled out in Art. 19.7.5-1. There are two options here:

• The merchant did not file a notice at all, which threatens with a fine of 10,000 to 20,000 rubles.
• The notification was filed, but contained inaccurate data. Here they can already be fined 20,000-30,000 rubles.

In order to avoid problems and unnecessary costs, the established procedure for starting activities should be followed.

Permission to open a non-stationary retail facility

A non-stationary trade object is an object that is not firmly tied to the ground, for example, a kiosk, a vending machine. And such objects are placed only in designated places, approved by a specially designed layout. Each of the objects must comply with typical architectural solutions.

The location of non-stationary facilities in Moscow, when it comes to their location on state-owned land, is the responsibility of the Department of Trade and Services of the City of Moscow.

To start trading in such a non-stationary facility, you do not need to issue a trade permit, it requires the conclusion of an agreement for the implementation of trading activities or for the placement of a non-stationary trade facility. Such an agreement will be concluded with the winner of the auction, as the rules for the competitive selection of the seller apply here.

To participate in the auction, a legal entity or individual entrepreneur must submit an application, the form of which is established by the organizer of the auction, and at the same time have the money in the account necessary to pay the deposit for participation in the auction.

License to sell alcohol

If in the course of trading activity it is supposed to sell alcohol, then you will have to obtain an appropriate license, since retail alcohol-containing products require a special trade permit. This formulation of the question is in line with the norms of the Law “On state regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” dated November 22, 1995 No. 171-FZ.

To obtain a license to sell alcohol at retail in Moscow, you need to apply to the Department of Trade and Services of this city. The application itself is filled out in the prescribed form, and the following is attached to it:

• Constituent documents. If there are no notarized copies, then you can submit simple copies, but have the originals with you.
• Receipt for payment of state duty.
• Documents showing that authorized capital company is not less than 1,000,000 rubles.

The following documents can be obtained by the department independently within the framework of an interdepartmental facility, and only when this is not obtained, they must be conveyed by the applicant:

• Certificate of state registration of a legal entity.
• A document confirming tax registration.
• Documents from which it could be determined that the applicant has rights to premises for opening commercial facilities and for storing alcoholic beverages.

Trade Permit alcoholic products is issued on a paid basis, for example, a license for a period of one year costs 65,000 rubles.

Permission for the organization of the retail market

Another form of trading can be called the organization of the retail market, which is regulated by the law "On retail markets and on amendments to the Labor Code of the Russian Federation" dated December 30, 2006 No. 271-FZ. According to this regulatory act, it is possible to obtain permission to organize a market by submitting an application, which must indicate:

• The name of the legal entity, its address and the location of the facility where the market is planned to be located.
• TIN of the applicant.
• Organized market type.

The list of attached documents consists of the following items:

• Constituent documents.
• Extract from the Unified State Register of Legal Entities.
• A document confirming the existence of the right to the object where the market will be located.

If the intended location of the market meets the market organization plan and the applicant has fulfilled all the requirements for the execution and submission of the corresponding application, then he has every chance of obtaining a trade permit.

A trade permit is required only in certain cases, for example, when it is planned to sell alcohol. For the most part, entrepreneurs are only required to notify the relevant government agency about the start of their activities. But do not forget that if you do not need to issue a permit for trade, then it will not be controlled. Authorized bodies develop an audit plan to check whether the requirements put forward to the order of organization and conduct of trade are observed.

Where do you need to start in order to engage in trading activities legally? What is the best way to register? Do I need to obtain a trade permit and how should I do it? Are there any differences in obtaining documents when trading different goods? The article answers these and other questions.

Business form

Decide on the form of doing business. You can become an individual entrepreneur (IP) or establish trade organization having the rights of a legal entity. For doing business, these forms have positive and negative sides. The package of documents required to obtain a trade permit depends on the type of business chosen.

Whether it is necessary to obtain additional documents depends largely on the choice of the form of activity and the range of goods. So, it is easier for individual entrepreneurs to conduct financial statements, they do not need to adhere to the procedure for conducting cash transactions, the entrepreneur has the right to keep all the proceeds for himself. But you should not rejoice too much, since individual entrepreneurs are prohibited from trading in alcoholic beverages, and restrictions are also applied to them.

A legal entity is obliged to hand over the proceeds from trade to a banking institution. The advantage is that a legal entity can obtain a trade permit for the sale of almost any product. The main thing is that the goods are not banned for circulation in the country.

Package of documents

To obtain a trade permit (certificate of registration in Commercial register), you must submit the following documents:

• legal entities provide constituent documents; IP - an extract from the Unified State Register of Legal Entities or a certificate of registration of IP;
• certificate of registration with the Federal Tax Service;
• information about the head and chief accountant, Bank details(provided by legal entities);
• a lease agreement for premises and documents on the ownership of the premises in which trade will be carried out;
• Sanitary passport of the premises where trade will be carried out;
• conclusions of the state fire supervision and sanitary and epidemiological service;
• an agreement with a municipal or other service engaged in garbage collection;
• list of products for trade.

It is important to know that obtaining a permit to trade in certain types of products (for example, alcohol) is accompanied by attaching the corresponding license to the specified list of documents.

For those who decided to engage in trading activities, the main requirement (and, perhaps, the only one) was to obtain state registration in the prescribed manner as a legal entity or individual entrepreneur.

State registration was necessary condition for sellers who intend to engage in trading, i.e. entrepreneurial activity regardless of their organizational and legal form. On July 1, 2002, the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” dated August 8, 2001 No. 129-FZ came into force.

According to the provisions of this law, state registration is carried out within a period of not more than five working days from the date of submission of documents to the registration authority.

State registration of a legal entity is carried out at the location of the permanent executive body indicated by the founders in the application for state registration, in the absence of such an executive body - at the location of another body or person entitled to act on behalf of the legal entity without a power of attorney. State registration of an individual entrepreneur is carried out at the place of his residence.

On April 1, 2007, the Federal Law of December 30, 2006 No. 271-FZ “On Retail Markets and on Amendments to Labor Code Russian Federation” (hereinafter referred to as the Law on Retail Markets), which revised the requirements for the organization of the retail market by legal entities and individual entrepreneurs.

It should be noted that some provisions of this Federal Law came into force earlier than April 1, 2007, namely from January 15, 2007 - this is part 7 of Art. 15, part 6 of Art. 22, and article 25. All these provisions apply to foreign citizens registered as individual entrepreneurs, and foreign workers. In particular, part 7 of Art. 15 limited provision trading places taking into account the allowable share of foreign workers used in the markets, to foreign citizens who are individual entrepreneurs, as well as to persons attracting foreign workers as sellers. Part 6 Art. 22 provides that a reduction in the allowable proportion of foreign workers used in the markets is grounds for terminating employment contract concluded with a foreign worker, or early termination of a civil law contract concluded with him. And Article 25 amends Art. 83 of the Labor Code of the Russian Federation, according to which the total number of foreign workers must be brought into line with the permissible share of such workers, therefore, with foreign workers subject to dismissal, the employment contract must be terminated no later than the deadline set by the Government (Decree of the Government of the Russian Federation of November 15, 2006 No. 683) for employers to bring the total number of employees who are foreign citizens or stateless persons into line with the allowable proportion of such employees. Termination of an employment contract must take place in compliance with the rules for terminating an employment contract due to a reduction in the number or staff of employees.

In accordance with Art. 24 of the Law on Retail Markets, the organization of the retail market, the organization and implementation of activities for the sale of goods (performance of work, provision of services) on the retail market shall be brought into line with the provisions of this Federal Law no later than August 1, 2007.

It should be noted that from January 1, 2010, the equipment and construction of markets, with the exception of agricultural markets and agricultural cooperative markets, is carried out by market management companies, subject to the obligatory observance of the basic requirements provided for in Article 11 of the Retail Markets Law. Subjects of the Russian Federation have the right to shorten the specified period. Also, from January 1, 2010, to organize activities for the sale of goods (performance of work, provision of services) in the markets, with the exception of agricultural markets and agricultural cooperative markets, market management companies have the right to use exclusively capital buildings, structures, structures. The use of temporary structures for these purposes is prohibited. With regard to agricultural markets and agricultural cooperative markets, the above requirements apply to them from 1 January 2012.

In accordance with federal law"On retail markets and on amendments to the Labor Code of the Russian Federation" the market can be organized by a legal entity that is registered in established by law of the Russian Federation in accordance with the procedure and to which the object or objects of real estate located in the territory within which the organization of the market is supposed to belong, on the basis of permissions, issued in accordance with the procedure established by the Government of the Russian Federation by an authority local government.

Moreover, the place of organization of the retail market is chosen in accordance with the plan for the organization of markets on the territory of the subject of the Russian Federation, which is approved by the state authority of the subject of the Russian Federation. This plan must comply with architectural, urban planning and building codes and regulations, planning and improvement projects of the territory of the subject of the Russian Federation and the territory municipality.

This permit for the right to organize a market is issued on the basis of an application (Decree of the Government of the Russian Federation dated March 10, 2007 No. 148 “On Approval of the Rules for Issuing Permits for the Right to Organize a Retail Market” ) submitted by this legal entity to the relevant local self-government body of the municipality. This application must indicate:

Full and (if available) abbreviated name (including company name), organizational and legal form of the legal entity, its location, location of the object or objects of real estate located in the territory within which it is planned to organize a retail market, state registration number records of the creation of a legal entity and data of a document confirming the fact of entering information about a legal entity in the Unified State Register of Legal Entities;

Identification number of the taxpayer and data of the document on the registration of the legal entity with the tax authority;

The type of market to be organized.

Attached to this application are:

Copies constituent documents(originals of constituent documents in case the copies are not notarized);

Extract from the United state register legal entities or its notarized copy;

A notarized copy of the certificate of registration of a legal entity with a tax authority;

A notarized copy of a document confirming the right to an object or objects of real estate located in the territory within which the market is supposed to be organized.

Consideration of an application for a permit is carried out within a period not exceeding thirty calendar days from the date of receipt of the application. But if the term of this permit is over and an application for its extension is submitted, then the period for consideration of this application cannot exceed fifteen calendar days from the date of receipt of the application. During the period of consideration of the application of a legal entity for the right to obtain a permit to organize a retail market, the local government body makes a decision to grant such a permit or to refuse to grant it, which is formalized by the relevant legal act.

On the day of receipt of the application and the documents attached to it, the authorized body checks the correctness of filling out the application and the availability of the documents attached to it, registers them and within the working day following the day of receipt of the documents, hands over to the applicant a notification of acceptance of the application for consideration.

In the event that the said application is not drawn up in accordance with certain requirements, and the documents attached to it do not contain Required documents, the applicant is given a notice of the need to eliminate violations in the preparation of the application and the submission of missing documents.

After the decision to permit (or refuse) the organization of the retail market, the local government body, no later than 3 days from the date of the adoption of the said decision, sends to the applicant (legal entity) a notice of the issuance of the above mentioned permit with the application of the issued permit, which indicates:

The name of the local government that issued the permit;

Full and (if available) abbreviated name, including company name, and organizational and legal form of the legal entity, its location, location of the object or real estate objects where the market is supposed to be organized;

Market type;

The duration of the permit;

Taxpayer identification number;

Permit number;

The date on which the decision to grant the permit was made.

At the same time, the forms of these permits and notifications are approved by the authority executive power the subject of the Russian Federation, on the territory of which the organization of the retail market is supposed.

The permit is issued for a period not exceeding five years. If a legal entity has an object or objects of real estate where the market is supposed to be organized, it is owned on a leasehold basis, the validity period of such a permit is determined taking into account the validity period of the lease agreement.

In accordance with Art. 7 of the Law on Retail Markets, an applicant may be denied a permit on the following grounds:

Lack of the right to an object or objects of real estate located within the territory where a retail market is supposed to be organized in accordance with a plan approved by the executive authority of a constituent entity of the Russian Federation, which provides for the organization of retail markets on the territory of a constituent entity of the Russian Federation;

Inconsistency of the location of the object or objects of real estate owned by the applicant, as well as the type of market that is supposed to be organized, with the specified plan;

Submission of an application for a permit in violation of the established requirements and (or) submission of documents attached to the application containing false information.

As already mentioned, the period of validity of the permit after its expiration can be extended at the request of the legal entity. But it can be re-registered only in case of reorganization of the legal entity in the form of transformation, change of its name or type of market.

Objects of property (goods) are sold only in strictly designated places for trade (trading places). Market of goods and services (consumer market)- this is an abstract concept, which means the sphere of exchange of goods or groups of goods and services between commodity owners, service providers and buyers, which has developed on the basis of the division of labor. commodity market is the market individual goods or commodity groups, similar in terms of production or consumer characteristics and which is an element of the domestic market for goods and services. Within the framework of Russian legislation, it was established that enterprises and citizens carry out trade (including from their hands, stalls and cars) in places designated by the executive authorities of the constituent entities of the Russian Federation, with the exception of the carriageway of streets, metro stations, airports, passenger ships and trains, stations, territories adjacent to the buildings of state authorities and administration, preschool and school institutions. Trading enterprises and manufacturers, regardless of their form of ownership, engaged in trade from stalls and vehicles, are required to have a sign indicating the location, profile and forms of organization of their activities. These sellers are responsible for the quality of the goods sold in accordance with applicable law.

The embodiment of the commodity market is commercial network- a set of trade enterprises located within a specific territory or under common management.

Stationary trade network located in buildings and structures specially equipped and intended for trading. The stationary trading network is formed by building systems having a closed volume, firmly connected by a foundation with a land plot and connected to utilities.

Non-stationary trading network operates on the principles of delivery and delivery trade.

Depending on the range of goods sold, enterprises are classified retail Views (e.g. department store, supermarket, Sporting goods store, Grocery store, etc.).

Depending on the retail space and forms of shopping service to customers Retailers are classified by type (for example, a supermarket with a self-service system for the population or a traditional store).

For reference economic activity retail trade enterprises use shops, pavilions, booths and tents.

Score- this is a specially equipped stationary building (or part of it) intended for the sale of goods and the provision of services to customers and provided with trading, utility, administrative and amenity premises, as well as premises for receiving, storing and preparing goods for sale.

There are department stores, specialized stores, stores with a combined, as well as with a mixed assortment of goods.

1. Department store - a retail outlet that sells a universal range of food and (or) non-food products (for example, a supermarket).

2. Specialized store - a retail enterprise that sells one group of goods or part of it (for example, the "Sports Goods" store).

3. Shop with a combined assortment of goods - a retail enterprise that sells several groups of goods related by a common demand and satisfying individual needs (for example, the Household Appliances store).

4. Shop with a mixed assortment of goods - a retailer that sells certain types of food and non-food products (for example, a store sells bakery and dairy products, as well as other food products for general consumer purposes, as well as various cleaning products, other household chemicals) .

A special place (and way) of trading is fair- an independent market event, accessible to all producers-sellers and buyers, organized in a specified place and on set time for the purpose of concluding sales contracts and forming regional, interregional and interstate economic ties. The fair may be held for the purpose of advertising and the simultaneous sale of goods, or only for the purpose of their sale. Presented at the fair as foodstuffs certain types (bakery, sausages, wine and vodka products, etc.), and non-grocery goods(for example, books, plastic windows, metal doors, etc.).

Mobile means of delivery and peddling trade include vending machines, mobile shops, auto stores, carts, trays, baskets and other special devices.

Pavilion- This is a specially equipped building that has a trading floor and premises for storing inventory, designed for one or more jobs.

Kiosk– equipped commercial equipment building without trading floor and premises for storage of goods, designed for one workplace seller, on whose area the inventory is stored.

Tent (stall)- an easily erected collapsible structure, equipped with a counter, without a trading floor and premises for storing goods, designed for one or more seller's workplaces, on the area of ​​\u200b\u200bwhich there is a commodity stock for one day of trading.

In recent years, the consumer market in the Russian Federation has been actively developing, but the state of the markets in specific regions of the Russian Federation is still unsatisfactory. In this regard, the representative authorities of the constituent entities of the Russian Federation adopt numerous normative acts regulating the procedure for trade in the relevant territory, including those related to the creation of shopping malls.

Under shopping complex is understood as a set of trading enterprises that sell a universal range of goods and provide a wide range of services, as well as centralizing the functions of economic services for trading activities.

Housekeeping functions:

1) engineering support of the building (electric lighting, heat and water supply, sewerage, communication facilities);

2) repair of buildings, structures and equipment;

3) garbage collection;

4) protection of trade facilities;

5) catering for employees, etc.

In practice, the most frequent embodiment of a shopping complex is huge covered market place- this is a building located in a specially designated area, closed, all the services of which (trade, administrative, utility, technical, etc.) are under one roof. At the same time, all market buildings are connected to the mains of water supply, sewerage, heating, electricity, etc. Trading rows located under awnings covered markets do not apply. Moreover, such trading places at the present time, by decision of the executive authorities of local self-government, can also be located outside the premises of the markets.

Other subjects of trading activities that have much in common with the shopping complex are shopping center and trading house.

Shopping center- a set of commercial enterprises (or service enterprises) that sell a universal range of goods and services located in a certain territory, planned, built and managed as a whole and providing parking for cars within its territory.

Trading house- it's multidisciplinary commercial enterprise, integrated into the production, financial and foreign economic spheres.

All of the above buildings and structures specially equipped and intended for trading are subject to certain requirements.

For example, in accordance with the Decree of the Main State sanitary doctor RF dated September 7, 2001 No. 23 “On the Enactment of Sanitary Rules” approved the “Sanitary and Epidemiological Requirements for Trade Organizations and the Turnover of Food Raw Materials and Food Products”.

In accordance with Section II of this normative act Requirements for the location of trade organizations include the following:

1) in the design and construction of new, reconstruction existing organizations trade must be guided by the specified sanitary rules, building codes, technological design standards;

2) trade organizations can be located both in a separate building and in attached, built-in, built-in and attached to residential buildings and buildings for other purposes, as well as located on the territory of industrial and other facilities to serve the employees of these organizations. The activities of trade organizations should not worsen the living conditions, recreation, treatment, work of people in residential buildings and buildings for other purposes. When placing trade organizations in the zone industrial enterprises and other objects, they should not have a harmful effect on the organization of trade. It is not allowed to place specialized fish and vegetable shops, as well as shops with an area of ​​​​more than 1000 square meters. m;

3) loading of products into retail premises should be provided from the ends of residential buildings that do not have windows, from underground tunnels in the presence of special loading premises;

4) when placing in organizations of trade organizations Catering, shops for the production of semi-finished products and culinary products and other food products, as well as other organizations not related to the sale of food products, the requirements of the current sanitary and epidemiological rules and hygienic standards for these organizations must be observed;

5) the territory of the commodity market is delimited into functional zones: trade, administrative and warehouse, utility, parking for vehicles. Sheds for storage of containers and areas for collecting garbage and food waste are arranged in the economic zone. Separate containers with lids (or specially closed structures) are provided for collecting garbage and food waste. Garbage and food waste collection sites are located at a distance of at least 25 m from the trade organization. The removal of containers and garbage cans is carried out by special transport. The territory of the organization of trade and the perimeter adjacent to it is landscaped and kept clean. When placing a trade organization in a separate building, it is recommended to provide a site for temporary parking of personnel and visitors on the side of the carriageway, which is not located in the courtyards of residential buildings. On the territory of the organization, a device for storm sewers with an appropriate slope should be provided, as well as the installation of watering taps for cleaning the territory;

6) a non-stationary trade network is located in places equipped with toilets.

The Federal Law "On Retail Markets and on Amendments to the Labor Code of the Russian Federation" (Articles 11, 12, 13) approved the requirements:

To the planning, redevelopment and development of the market,

Reconstruction and modernization of buildings, structures, structures and premises located in them;

According to these requirements, the planning, redevelopment and development of the market, reconstruction and modernization of buildings, structures, structures and the premises located in them are carried out by the market management company, subject to architectural, urban planning and building codes and regulations, the basic requirements established by the state authority of the constituent entity of the Russian Federation and which include:

1) marginal (minimum and (or) maximum) market area;

2) characteristics of buildings, structures, structures located on the market and the premises located in them, as well as the minimum distances between them;

3) characteristics and maximum (minimum and (or) maximum) area of ​​trading places, storage, utility and other premises.

The equipment and maintenance of the market must also be carried out by the market management company, whose responsibilities include:

1) equip trading places in accordance with the scheme of their placement, administrative and utility rooms and public places;

2) organize a parking lot separate from trading places for vehicles of persons with whom contracts have been concluded on the provision of trading places, sellers and buyers;

3) equip places for placing fire extinguishing equipment and alerting citizens about cases of emergency or emergency situations;

4) to equip a place accessible for viewing, on which are placed:

a) information containing a scheme for placing trading places on the market;

b) evacuation scheme in case of emergency or emergencies;

c) information about the rules for attracting labor activity in the Russian Federation of foreign citizens and stateless persons (including foreign workers) and on liability for violation of these rules;

d) a list of certain categories of citizens who are granted the right to extraordinary services in the market;

e) information on the procedure and conditions for the provision of trading places, including the amount of the fee for providing a trading place;

f) information on the availability of free trading places and their appointment, as well as on the timing of the termination of contracts for the provision of trading places;

g) the number or telephone numbers of the head of the market management company;

h) information provided for by the legislation of the Russian Federation on the protection of consumer rights;

i) providing communication with the relevant control and supervisory authorities, as well as with the relevant state authorities of the constituent entities of the Russian Federation, local governments, telephone numbers (telephone numbers " hotline”) for applications from persons with whom contracts have been concluded for the provision of trading places, sellers and buyers.

5) must ensure:

a) timely cleaning and improvement measures;

c) compliance with the requirements of the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population, the legislation of the Russian Federation on fire safety.

Also, this law establishes that in the case of carrying out activities for the sale of food products of animal and (or) plant origin, a laboratory for veterinary and sanitary examination must be placed and equipped on the market, and in the case of carrying out activities for the sale of goods (performance of work, provision of services) with using measuring instruments (scales, weights, measuring containers, meters, and others) on the market in an accessible place, measuring instruments must be installed in accordance with the metrological rules and norms in order to verify by buyers the correctness of the price, measure, weight of the purchased goods (works, services).