I often refer to Alexander Elder. And not by accident. His approach to trading and risk management became so familiar to me that it formed the basis of my system.

You can learn more about Elder's trading rules from his books (in particular, "How to play and win on the stock exchange", "Trading with Dr. Elder: Encyclopedia of stock trading"), here I will talk about the five that I follow and apply.

1. Rule of three "M": Mentality, Method, Money

At the heart of trading success, according to A. Elder, there are three "M": Mentality (Mentality), Method (Method), Money (Money). Mentality is the psychology of trading; Method is an approach to market analysis and trading decision making; Money is risk management. They are like the legs of a tripod stool - a guarantee of stable work in the market (it is impossible to remove one and sit down).

Trading psychology (Mentality, the first “M”) Elder puts in the first place, because it is most often overlooked. Novice traders, he writes, especially techies, tend to underestimate the importance of psychology. They are always surprised when methods that looked so good in testing do not work in real trading conditions. Gradually, a simple truth is revealed to them: when passions run high, rational thinking fades into the background. To manage yourself, Elder advises to draw up a plan before the opening of the exchange (and in no case change it while working on the market) and keep a detailed diary.

The second and third "M", reflecting Elder's approach to making trading decisions (Method) and risk management (Money) are discussed below in paragraphs 2. Triple Screen Rule and 3. Two Percent Rule.

2. Rule of three screens

Alexander Elder's approach to market analysis and trading decision making (Method) is based on the triple screen (three screens) system that he developed back in the 1980s and continues to use to this day. This system involves evaluating the market in several time periods (time scales, time frames), namely, on three screens (charts).

When choosing charts for a triple screen system, Elder suggests using a factor of 5, that is, each time frame should be 5 times younger. For example, if your primary schedule is daily, then your system might look like a combination of daily, weekly (5 working days), and four-hour (24:5) schedules. Following this system:

• on a weekly chart, you study the history of an asset and make strategic decisions (to what extent the asset is overvalued / undervalued, what is the dynamics of its movement and whether it is worth opening a position);
• the daily chart is used to implement the strategic decisions you made on the older (weekly) time frame (determining the profit target and where to place a protective stop order);
• the intraday (four-hour) chart allows you to more accurately determine the moment to enter the asset.

Thus, the first thing you need to do when using a triple screen system is to choose a time scale that is convenient for you. And having made a choice, go to a time scale an order of magnitude higher, and make strategic decisions on it. And return to the main and smaller time frames to determine the place to enter the asset and exit it.

3. Two Percent Rule

Managing your money is just as important as managing yourself and analyzing the market. Elder's two percent rule helps keep risk under control. It says: in each individual transaction, you cannot risk more than 2% of the trading account (deposit). Here's how to apply it. First, you need to determine the price of entry into the transaction and the level of the stop order. Knowing these parameters of the transaction, it is easy to understand the level of risk and calculate how many shares can be bought or sold short.

For example, if your deposit is $100,000, then, according to the two percent rule, the maximum possible level of your risk per trade should not exceed $2,000 (2% of the account). Let's say you buy a stock for $12 (entry price = $12) and place a stop order at $10. Then your risk on this trade will be $2 per share ($12 - $10 = $2). So for a $2,000 risk tolerance, you can buy no more than 1,000 shares ($2,000 : $2 = 1,000). 2% (or $2000) is your buying limit and should never be exceeded.

4. Six Percent Rule

To control the trading account, Elder recommends following the six percent rule and not risking more than 6% of its amount per month. So, with a deposit of $100,000 and a risk of $1,000 per trade, you can hold no more than six open trades at the same time. If two trades, for example, turn out to be unprofitable, that is, you lose 2% of the allowed 6%, then until the end of this month you can have no more than four open trades. This rule does not prevent you from building up trades when things are going well, but it helps to limit losses and protect capital.

Following the six percent rule requires internal discipline, because before you trade, you must find out if you have a risk margin on the account. And only if you answer “yes”, you can proceed to risk assessment according to the two percent rule. Whether the 6% rule allows you to trade and how many shares you can buy (sell short) based on the 2% rule are tricky questions, but that's where Elder recommends starting.

5. Rule “5 rounds in a clip”

When choosing technical analysis tools, Elder is guided by the worldly wisdom "the less, the better." Despite the great variety of technical indicators and oscillators available in the standard trading platform, he himself uses only five. This is due to the fact that the calculation of all indicators is based on the opening and closing prices, the maximum and minimum prices, and the trading volume.

So, with the right approach to working in the market, five tools should be enough. This is how the principle of five rounds in a clip appeared, by analogy with the number of rounds in a rifle magazine. The Elder Five looks like this: these are two exponential moving averages (short-term and long-term), an envelope,

Rule number 1: "The right approach to the client is the first step to selling."

How to:

10 seconds after the client entered, approach him at a distance of 2-3 steps and greet him (“Hello”, “Good afternoon”, etc.). Ideal if the greeting and the first appeal will arouse the interest of the client.

This can be achieved by provoking questions: “Good afternoon. Would you like to purchase…?” or clarifying questions: “Good afternoon. Are you for ... or for ....?” We speak the first phrases to the face of the client, eye contact is important.

Main mistakes:

• Wait for the client to show interest in you (this is a function of the vending machine, not the seller)
• Greeting in the back to the client (this is not decent and scares away)
• A welcome cry through the entire salon (reminiscent of a bazaar)
• Greeting from the reception (obstacle prevents contact)

Rule number 2: "Find out what you need, then offer"

How to:

Ask two or three clarifying questions, understand what the client is interested in, and only after that make a few suggestions. If the proposals did not interest the client, it is necessary to ask a few more clarifying questions and, based on the information received, make more proposals.

Main mistakes:

• Wait for the client to choose the product himself (the seller's task is to help the client and promote the company's most competitive commercial offers)
• Immediately after the greeting, offer all the goods in a row (without information about what the client needs, it is difficult to make an offer that is interesting for him)
• Ask a couple of questions, and so do not clarify the need of the client, present him the entire product

Rule number 3: "In addition to the properties of the product, pronounce its benefits"

How to:

When making an offer to the client and naming the properties of the proposed product or service, say the benefits that this property will bring. To convince, we give examples from life, demonstrate the product, that is, we give time to become its owner.

Main mistakes:

• Name many properties without benefits (the characteristics of the device have little to do with the daily life of a person)

Rule number 4: "Use promotions and special offers"

How to:

During the entire dialogue, use at least two promotions to motivate the client to buy here and now. Promotions should be offered at the greeting, during the presentation of the product, just before the end of the contact. Offer a share with a short and simple appeal or question, reflecting the main benefit of the action.

After the client has become interested in a special offer, pronounce the mechanics of the promotion and all the conditions.

Main mistakes:

• Communicating with a client without offering shares (this is the most stupid thing possible, shares are the main tool of the seller)
• Immediately pronounce all the conditions and nuances of the action (the client needs to be interested by saying about the main "raisin", then having interested the person, tell the details)
• A lot of unnecessary words, the more words, the less they understand you.

33. Goods prior to their submission to the trading floor or other place of sale must be freed from containers, wrapping and binding materials, metal clips. Contaminated surfaces or parts of the product must be removed. The seller is also obliged to check the quality of the goods (by external signs), the availability of the necessary documentation and information on them, to carry out the rejection and sorting of the goods.

Food products of non-industrial manufacture, sold in food markets, are subject to sale after a veterinary and sanitary examination with the issuance of a veterinary certificate (certificate) of the established form in accordance with the established procedure, which must be presented to the buyer at his request.

Organizations engaged in the retail sale of alcoholic products, prior to the supply of alcoholic products to the trading floor, verify the authenticity of federal special stamps and excise stamps visually, as well as using access to information resources of the Federal Service for Regulation of the Alcohol Market.

Information about changes:

The rules were supplemented by clause 33.1 from July 1, 2019 - Decree of the Government of Russia of January 28, 2019 N 50

33.1. In the trading floor or other place of sale, the placement (layout) of dairy, dairy compound and milk-containing products must be carried out in a way that allows you to visually separate these products from other food products, and be accompanied by the informational inscription "Products without milk fat substitute".

34. In the case of pre-sale packing and packaging of loose goods produced by the seller, the volume of packed goods with short shelf life must not exceed the volume of their sale during one trading day.

The packaged goods shall be marked with their name, weight, price per kilogram, cost of plumb line, date of packaging, expiration date, number or surname of the weigher.

When selling food products packaged and packaged by the manufacturer with an indication of the weight on the package, their additional weighting is not performed.

Bulk and unpackaged food products are not subject to sale, with the exception of certain types of goods, the list of which is approved in accordance with the procedure established by federal law.

35. Bulk food products are transferred to the buyer in a packaged form without charging an additional fee for packaging.

For packaging, materials are used that meet the mandatory requirements established by law.

36. The price of food products sold by weight is determined by net weight.

37. At the request of the buyer, gastronomic products may be sold to him in sliced ​​form.

Bread and bakery products weighing 0.4 kg or more (except for products in the manufacturer's packaging) can be cut into 2 or 4 equal parts and sold without weighing.

Bread and bakery products are sold in small retail outlets only in packaged form.

38. Food outlets may sell related non-food items and provide catering services. At the same time, trade in related products and the provision of public catering services should not lead to a deterioration in the quality and safety of food products and the conditions for their sale established by the legislation of the Russian Federation on technical regulation.

III. Features of the sale of textile, knitwear, clothing and fur goods and footwear

39. Textile goods (fabrics and non-woven materials and products made from them), knitwear, garments (clothing, underwear, hats), fur products and footwear must undergo pre-sale preparation before being submitted to the trading floor, which includes: unpacking, sorting and inspection of the goods; checking the quality of the goods (by external signs) and the availability of the necessary information about the product and its manufacturer; if necessary, cleaning and ironing products and their minor repairs.

40. Goods offered for sale must be grouped by types, models, sizes, heights and displayed on the trading floor. Taking into account the peculiarities of trade, samples of goods offered for sale may be exhibited on the trading floor, for which the buyer is given the opportunity to choose and purchase the goods he needs.

Knitwear, clothing, fur goods and footwear for men, women and children should be placed separately on the trading floor.

Fabrics are grouped according to the type and type of fiber from which they are made, fur goods - according to the type of fur.

Each fabric sample must also be accompanied by information about the percentage of fibers from which it is made, and fur products - information about the type of fur.

54. Prior to submission to the trading floor, perfumery and cosmetic products are unpacked and inspected, the quality (by external signs) of each unit of the product and the availability of the necessary information about it is checked.

55. The buyer should be given the opportunity to get acquainted with the smell of perfumes, colognes, toilet water using litmus papers soaked in fragrant liquid, snuff samples provided by the manufacturers of goods, as well as other properties and characteristics of the goods offered for sale.

56. When transferring goods in a package with cellophane wrapping or branded tape, the buyer should be asked to check the contents of the package by removing the cellophane or branded tape. The aerosol packaging of the product is checked by the person carrying out the sale for the functioning of the packaging in the presence of the buyer.

VI. Features of the sale of cars, motorcycles, trailers and numbered units

57. Automobiles, motorcycles and other types of motor vehicles, trailers and numbered units for them must undergo pre-sale preparation, the types and volumes of which are determined by the product manufacturers. In the service book for the goods or another document replacing it, the seller is obliged to make a note about such preparation.

58. When demonstrating the goods offered for sale, the buyer shall have free access to them.

VII. Features of the sale of jewelry and other products made of precious metals and (or) precious stones

Information about changes:

61. The sale of jewelry and other products made of precious metals produced in the Russian Federation, imported into its territory, subject to branding in the manner established by the legislation of the Russian Federation, is carried out only if these products have imprints of state hallmarks, as well as imprints of personal names (for products domestic production).

It is allowed to sell jewelry and other products made of silver of domestic production weighing up to 3 grams inclusive (excluding inserts) without an imprint of the state hallmark.

Sale of cut diamonds made from natural diamonds and cut emeralds is carried out only if there is a certificate for each such stone or set (lot) of precious stones sold.

Information about changes:

62. Information on jewelry and other products offered for sale made of precious metals and (or) precious stones, cut emeralds and diamonds, in addition to the information specified in paragraphs 11 and these Rules, must contain extracts from regulatory legal acts establishing the procedure for testing, analysis and hallmarking of jewelry and other products made of precious metals and certification of precious stones.

Information about changes:

63. Jewelry and other products made of precious metals and (or) precious stones must undergo pre-sale preparation before being submitted to the trading floor, which includes inspection and sorting of such products, checking for the presence of imprints of the state assay mark and name (for products of domestic production) ), as well as the safety of seals and labels, sorting by size.

Information about changes:

64. Jewelry and other products made of precious metals and (or) precious stones offered for sale must be grouped according to their purpose and have sealed labels indicating the name of the product and its manufacturer, type of precious metal, article number, sample, weight, type and characteristics of the inserts, including the processing method that changed the quality, color and cost characteristics of the gemstone, as well as the price of the product (prices per 1 gram of the product without inserts).

When using as inserts materials of artificial origin with the characteristics (properties) of precious stones, the labels must contain information that this stone is not precious.

Information about changes:

65. Jewelry and other products made of precious metals and (or) precious stones, as well as cut precious stones, must be individually packaged.

Information about changes:

66. When transferring the purchased goods to the buyer, the person carrying out the sale checks for the presence of an imprint of the state hallmark and its quality, the presence of an imprint of the personal name (for domestic products), as well as a certificate for a cut gemstone.

Information about changes:

67. At the request of the buyer, in his presence, the purchased jewelry and other products made of precious metals and (or) precious stones without a label weighing up to 1 kg are weighed on scales with an error in determining the mass of not more than 0.01 g, and weighing from 1 kg to 10 kg - on scales with a determination error of not more than 0.1 g.

Information about changes:

68. In the case when, in order to verify the correctness of the labeling of the product, including the mass, the removal of the label is required, an act is drawn up with the subsequent indication of the number of the act on the duplicate label of the store. The manufacturer's label is saved and attached to the product along with the duplicate.

69. If the cash receipt for the goods does not contain the name of the goods, sample, type and characteristics of the precious stone, article, together with the goods, the buyer is given a sales receipt, which indicates this information, the name of the seller, the date of sale and the price of the goods and the person directly carrying out the sale of goods, the signature is affixed.

VIII. Features of the sale of medicines and medical devices

70. The sale of medicinal products (metered medicinal products, ready for use and intended for the prevention, diagnosis and treatment of human and animal diseases, prevention of pregnancy, increase in animal productivity) is carried out in accordance with the Federal Law "On the Circulation of Medicines" and taking into account the specifics defined by these Rules.

71. Information about medicinal products, in addition to the information specified in paragraphs 11 of Article 46 of the Federal Law "On the Circulation of Medicines", must contain information on the state registration of the medicinal product, indicating the number and date of its state registration (with the exception of medicinal products manufactured by the seller (pharmacy institution) by prescription).

72. Information about medical products (instruments, devices, devices, equipment, materials and other products used for medical purposes separately or in combination with each other, as well as together with other accessories necessary for the use of these products for their intended purpose, including special software , and intended by the manufacturer for the prevention, diagnosis, treatment and medical rehabilitation of diseases, monitoring the state of the human body, conducting medical research, restoring, replacing, changing the anatomical structure or physiological functions of the body, preventing or terminating pregnancy, the functional purpose of which is not realized through pharmacological, immunological , genetic or metabolic effects on the human body) in addition to the information specified in paragraphs 11 and these Rules, must contain information about the number and date of the registration certificate for a medical device issued by Federal Service for Surveillance in Healthcare in accordance with the established procedure, as well as taking into account the characteristics of a particular type of product, information about its purpose, method and conditions of use, action and effect, restrictions (contraindications) for use.

73. The seller must provide the buyer with information about the rules for dispensing medicinal products.

74. The seller is obliged to ensure the sale of medicines of the minimum range necessary for the provision of medical care, the list of which is established by the Ministry of Health of the Russian Federation.

75. Medicinal preparations and medical products must undergo pre-sale preparation before being submitted to the trading floor, which includes unpacking, sorting and inspection of goods; checking the quality of the goods (by external signs) and the availability of the necessary information about the product and its manufacturer (supplier).

Pre-sales preparation of medical devices also includes, if necessary, the removal of factory grease, checking the completeness, assembly and commissioning.

76. The sale of medicines and medical devices is carried out on the basis of the prescriptions of doctors presented by the buyers, issued in the prescribed manner, as well as without prescriptions in accordance with the instructions for the use of medicines and medical devices.

IX. Features of selling animals and plants

78. Information about animals and plants offered for sale, in addition to the information specified in paragraph 11 of these Rules, must contain their species name, information about the features of keeping and breeding.

The seller must also provide information about:

date and number of the technical certificate (for goods for which mandatory requirements have been established to confirm their suitability for use in construction);

storage conditions (for goods for which mandatory requirements for storage conditions are established).

82. Household chemical goods, prior to their supply to the trading floor (placement at the point of sale), must undergo pre-sale preparation, which includes the release of shipping containers, sorting of goods, checking the integrity of the package (including the functioning of the aerosol package) and the quality of the goods (by external signs ), the availability of the necessary information about the product and its manufacturer, instructions for the use of goods, the correctness of prices.

83. Household chemical products offered for sale should be grouped by type depending on the purpose of the products in order to ensure the convenience of their selection.

84. When transferring household chemicals in aerosol packaging to the buyer, the functioning of the packaging in the sales area shall not be checked.

XI. Features of the sale of pesticides and agrochemicals

86. Information on pesticides and agrochemicals, in addition to the information specified in paragraphs 11 and these Rules, as well as provided for in Article 17 of the Federal Law "On the Safe Handling of Pesticides and Agrochemicals", must contain information about the state registration number of the pesticide or agrochemical, its hazard class, concentration of the active substance, net weight or volume, date of manufacture, first aid in case of poisoning.

At the request of the buyer, the seller is obliged to familiarize him with a copy of the certificate of state registration of the pesticide or agrochemical.

87. Pesticides and agrochemicals must undergo pre-sale preparation before they are submitted to the trading floor, which includes unpacking and checking the quality of the packaging; sorting; checking the availability of the necessary information, instructions for use, the correctness of prices.

88. On the trading floor, pesticides and agrochemicals should be grouped according to their purpose (insecticides for plant protection, insecticides for animal protection, fungicides, herbicides, rodenticides, mineral fertilizers, organic fertilizers, soil, ameliorants, feed additives).

The seller is obliged to ensure compliance with mandatory safety requirements for the storage, placement on the trading floor and sale of pesticides and agrochemicals.

89. Sale of pesticides and agrochemicals is carried out only in the manufacturer's packaging.

XII. Features of the sale of copies of audiovisual works and phonograms, programs for electronic computers and databases

90. It is not allowed to sell copies of audiovisual works, phonograms, programs for electronic computers and databases in retail trade using stalls and tents.

When selling copies of audiovisual works, phonograms, programs for electronic computers and databases, the seller is obliged to provide the buyer, in addition to the information specified in paragraph 11 of these Rules, the following information about the product offered for sale, the presence of which on each copy (packaging) is mandatory:

name, location of the manufacturer of a copy of an audiovisual work, phonogram, program for electronic computers and databases, as well as the number of a license to carry out activities for the production of copies of audiovisual works, programs for electronic computers, databases and phonograms on any type of media (except for cases when the specified activity is independently carried out by persons who have the rights to use the specified objects of copyright and related rights by virtue of a federal law or an agreement);

technical characteristics of the media, as well as recordings of an audiovisual work, phonograms, programs for electronic computers and databases;

registration number of the program for electronic computers or database, if they have been registered.

With regard to copies of films, the seller must also provide the buyer with the following information:

number and date of the rental certificate issued in accordance with the procedure established by the legislation of the Russian Federation;

the name of the film, the country and studio where the film was shot, the year of its release;

basic filmographic data (genre, annotation, information about the scriptwriter, director, composer, leading actors, etc.);

movie length (in minutes);

91. Copies of audiovisual works, phonograms, programs for electronic computers and databases must undergo pre-sale preparation, including inspection and verification of the integrity of the packaging of each unit of goods, as well as the availability of the necessary information about the product and its manufacturer, the absence of which prevents the seller from fully complying with the requirements provided for in paragraph 90 of these Rules.

92. When transferring the paid goods to the buyer, the seller checks the integrity of its packaging, and, at the request of the buyer, provides him with the opportunity to familiarize himself with fragments of an audiovisual work, phonogram, program for electronic computers and a database. Trading floors must be technically equipped in order to provide the buyer with the opportunity to check the quality of purchased copies of audiovisual works, phonograms, programs for electronic computers and databases.

93. Sale of copies of audiovisual works, phonograms, programs for electronic computers and databases is carried out only in the manufacturer's packaging.

XIII. Features of the sale of weapons and ammunition for it

94. Sale of civilian weapons intended for use by citizens in self-defense, for sports and hunting, the main parts (barrel, bolt, drum, frame, receiver) of civilian and service (if their buyers are citizens awarded with service weapons) firearms (hereinafter referred to as weapons), as well as cartridges for civilian weapons, is carried out in accordance with the Federal Law "On Weapons", the Rules for the Circulation of Civil and Service Weapons and Cartridges for It on the Territory of the Russian Federation, approved by the Decree of the Government of the Russian Federation of July 21, 1998 No. N 814, as well as the features defined by these Rules.

95. Each unit of weapons offered for sale (with the exception of mechanical dispensers, aerosols and other devices filled with tear or irritant substances) must have an individual number, weapons manufactured since January 1, 1994, in addition, a brand, and each primary packaging of cartridges - sign of conformity in accordance with the legislation of the Russian Federation on technical regulation.

96. Information about weapons, in addition to the information specified in paragraphs 11 and these Rules, should, taking into account the characteristics of a particular weapon, contain information about the content of precious metals and precious stones in artistically designed models of weapons; order of return to the seller for destruction of technically defective mechanical sprayers, aerosol and other devices, cartridges filled with tear or irritant substances, or specified goods, the expiration date or shelf life of which has expired.

97. Pre-sale preparation of weapons and ammunition may include unpacking, depreservation, cleaning and lubrication of weapons; opening hermetic packages of cartridges; external examination of weapons and cartridges, checking the presence of the manufacturer’s mark and individual number on the weapon and their compliance with established samples and passport data; verification of the availability of information on the conduct, in accordance with the established procedure, of the control shooting of firearms with a rifled barrel, on the type, sample and mass of precious metals, the type, quantity and characteristics of inserts made of precious stones used in artistically designed weapons; checking the completeness, technical condition of the weapon, the availability of the necessary information about the product and its manufacturer, the correctness of the price; if necessary, assembly and adjustment of weapons.

98. Weapons and ammunition offered for sale must be placed on the trading floor, have labels indicating the name, brand, model, price of the product, as well as brief annotations containing its main technical characteristics.

99. At the request of the buyer, he must be familiarized with the mechanism of the mechanism of the weapon, which must be demonstrated in an assembled and technically sound condition.

100. The sale of weapons and ammunition is carried out upon presentation by the buyer of the following documents:

passport or other document proving the identity of the buyer;

a license to purchase a certain type and type of weapon;

a license or permit for the storage, storage and carrying of weapons (for the purchase of main and spare parts and ammunition for weapons owned by the buyer);

a document certifying the right of the buyer to hunt, and a permit to store and carry weapons used for hunting (for the acquisition of hunting edged weapons).

101. Together with the goods, the buyer is given a sales receipt signed by the person directly carrying out the sale, which indicates the name of the goods and the seller, brand, type, individual weapon number, date of sale and price of the goods, information about precious metals and precious stones used in artistic issued weapons, information on the control shots of firearms with a rifled barrel (in the absence of such information in the weapon passport); a set of accessories and documents installed by the manufacturer, as well as a license (permit) of the buyer filled in by the seller to acquire (carry, carry and store) weapons or a document certifying the buyer's right to hunt.

102. Upon receipt of the goods, the buyer checks the correctness of the seller filling out the license (permit) of the buyer for the acquisition (carrying, carrying and storing) weapons or a document certifying the buyer's right to hunt (in relation to hunting cold bladed weapons), signs the license, as well as in the book seller's account.

103. The buyer, when replacing weapons, cartridges of inadequate quality, or in case of their return upon termination of the contract, is obliged to present to the seller a document proving his identity, as well as a license (permission) to acquire (carry, carry and store) weapons, the owner of which he is, or a document certifying his right to hunt.

The replacement of weapons, cartridges of inadequate quality is carried out with models corresponding to the type and type specified in the license (permit) of the buyer for the acquisition (carrying, carrying and storing) of weapons, the owner of which he is, or in a document certifying his right to hunt.

The replacement of weapons, cartridges of inadequate quality or their return upon termination of the contract is formalized by an act in the prescribed manner.

XIV. Features of the sale of building materials and products

104. Timber and sawn timber (round timber, beams, boards, business slabs, etc.), products made of wood and wood materials (wooden parts, door and window blocks, kits for building garden houses, outbuildings, etc.), construction materials (brick, cement, crushed stone, sand, foundation and sidewalk blocks, reinforced concrete pillars, roofing, hydro- and heat-insulating materials, glass, etc.), metal products (pipes, fasteners, rolled profile materials, wire, metal mesh, etc. ), tools (hand tools for working metal, wood, measuring tools, for painting, etc.), building products (sanitary equipment, locks and hardware, wallpaper, linoleum, artificial finishing materials, etc.) must pass a pre-sale preparation, which includes inspection of the goods, their sorting and sorting, checking the completeness, the availability of the necessary information about the product and its manufacturer.

105. Building materials and products are placed separately by size, brand, grade and other characteristics that determine their scope and consumer properties.

106. The selection by the buyer of building materials and products can be carried out both on the trading floor and directly at the places of their storage.

107. Information about building materials and products offered for sale, in addition to the information specified in paragraphs 11 and these Rules, must contain, taking into account the characteristics of a particular product, information about the material, finish, brand, type, size, grade and other key indicators that characterize this product .

When selling building materials in a certain completeness (garden houses, outbuildings, etc.), the consumer must be provided with information containing information about the name and number of products included in the kit, the degree and methods of their processing (presence and method of impregnation, humidity and drying method and etc.).

108. Sheet glass is sold in whole sheets or cut into sizes specified by the buyer.

Remains of glass up to 20 centimeters wide inclusive are paid by the buyer and are given to him along with the main purchase.

109. Bulk fasteners, sold by weight, are sold at a specially equipped point of issue of goods equipped with weight measuring instruments.

110. The seller is obliged to provide the buyer with the opportunity to check the correctness of the weight, measure and grade of the purchased goods. For this purpose, at a place accessible to the buyer, information is posted indicating the coefficients for converting round timber and sawn timber into dense cubic mass, cubic capacity of sawn timber, and the rules for their measurement. At the request of the buyer, the seller is obliged to familiarize him with the procedure for measuring building materials and products established by the standards.

111. Together with the goods, the manufacturer's documentation related to the goods is transferred to the buyer. If the cash receipt does not contain the name of the product, the main indicators characterizing this product, and the quantity of the product, the buyer is also given a sales receipt, which indicates this information, the name of the seller, the date of sale and the price of the product, and the person directly selling the product is signed.

112. When transferring building materials and products in a certain completeness, the person carrying out the transfer checks, in the presence of the buyer, the presence of the products included in the kit, as well as the availability of documentation attached to this product, including an inventory of the building materials and products included in the kit, instructions for assembly.

113. The seller must provide conditions for the removal of timber and building materials by the buyer's transport.

XV. Features of selling furniture

114. Information about furniture in addition to the information specified in paragraphs 11

about the functional purpose;

about the materials from which the furniture is made and which are used in its decoration;

on the methods, terms, conditions of delivery and transfer of goods to the buyer.

115. Samples of furniture offered for sale must be displayed on the trading floor in such a way as to provide free access for buyers to view them.

116. The seller is obliged to carry out pre-sale preparation of furniture, including checking the completeness, availability of parts necessary for assembly, furniture assembly schemes (if the furniture is collapsible), as well as checking the availability of all items included in the set (sets) of furniture.

XVI. Features of the sale of liquefied petroleum gas

119. Cylinders filled with liquefied hydrocarbon gas (hereinafter referred to as gas) that have passed a technical examination and are in good condition are subject to sale.

120. Information about gas and gas cylinders, in addition to the information specified in paragraphs 11 and these Rules, must contain information:

about the brand of gas and its physical and chemical parameters;

on the technical condition of the cylinder (number of the cylinder, the mass of the empty cylinder, the date of its manufacture and the date of the next technical examination, working and test pressure, capacity), which are indicated on the surface of the cylinder or a plate attached to it.

121. Cylinders filled with gas must undergo pre-sale preparation, which includes inspection of the cylinder, checking its technical condition for tightness and mechanical damage (by external signs), checking the level of filling with gas by weighing or another method that ensures the specified control, as well as availability of necessary information about the product.

122. The buyer has the right to demand a control weighing of the gas cylinder.

123. The seller is obliged to familiarize the buyer, who independently transports the purchased gas cylinder, with the safety rules for its transportation, as well as when replacing an empty cylinder.

124. Together with the cylinder filled with gas, the buyer is given a sales receipt, which indicates the name of the seller, the number of the cylinder, the mass of gas in the cylinder, the price of the goods, the date of sale, and also the signature of the person directly carrying out the sale.

Simultaneously with the goods, the text of the rules for the safe use of gas in everyday life is transferred to the buyer.

XVII. Features of the sale of non-periodicals

125. Information about non-periodical publications offered for sale (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media), in addition to the information specified in paragraph 11 of these Rules, must contain:

output information in accordance with the requirements of standards;

information on the procedure for making a preliminary order for the purchase of non-periodical publications, if such a form of trade is used by the seller.

At the request of the buyer, the seller provides reference and bibliographic information at his disposal about the issued non-periodicals.

126. Non-periodical publications, prior to being placed at points of sale, must undergo pre-sale preparation, which includes inspection of the goods in order to check for external signs of the absence of defects (printing defects, damage) and the availability of the necessary information about the publication, as well as completeness with the required appendices and dust jacket. For publications reproduced on technical media, the integrity of the packaging of each unit of goods and the presence of the publisher's (manufacturer's) trademark are additionally checked.

127. Non-periodical publications available for sale are exhibited on the trading floor or entered into catalogs of publications available.

Instead of price tags drawn up in accordance with the requirements of paragraph 19 of these Rules, it is allowed to indicate the price on each copy of the publication put up for sale.

The buyer must be given the opportunity to freely familiarize himself with the content of non-periodical publications offered for sale and check the quality of the goods paid for. For this purpose, when selling publications reproduced on technical media, the seller must have the appropriate audio, video or computer equipment.

128. The sale by subscription of a multi-volume non-periodical publication published in separate volumes is carried out on the basis of a written contract, which must include the trade name (name), location (legal address) of the seller, surname, name, patronymic and place of residence of the buyer, name of the multi-volume publication, number of volumes included in the publication, price of the publication, deadline for the transfer of the publication as a whole, payment procedure, procedure for notifying the buyer about the volumes that have gone on sale, the deadline for receiving the next volume after notification. A condition on a deposit may be included in the contract.

XVIII. Features of the sale of non-food products that were in use

129. Information about used goods, in addition to the information specified in paragraph 11 of these Rules, must contain information about the condition of the goods, the shortcomings in it, the sanitary and anti-epidemic measures taken in relation to the goods, the technical characteristics (for technically complex goods), the purpose of the goods and the possibility of using it for its intended purpose or for other purposes.

Information characterizing the condition of a used product, including its shortcomings, is indicated on the product label.

If a used product is offered for sale, in respect of which information must be provided on confirmation of its compliance with the established requirements, expiration date or service life, but such information is not available, the seller, when selling the specified product, is obliged to inform the buyer that the conformity of the product the established requirements must be confirmed, it must have an expiration date or service life, but there is no information about this.

130. Used medical products, medicines, personal hygiene items, perfumes and cosmetics, household chemicals, underwear, sewing and knitwear, hosiery, disposable tableware are not subject to sale.

131. Used goods must undergo pre-sale preparation, which includes inspection of goods, sorting them by type and degree of loss of consumer properties, checking quality (by external signs), product performance, completeness, as well as the availability of necessary documentation.

If used goods are offered for sale, in respect of which, in accordance with sanitary rules, sanitary and anti-epidemic measures (cleaning, washing, disinfection, disinsection) must be carried out, but there are no documents confirming their implementation, the seller is obliged to carry out these measures in the process of pre-sale preparation of goods.

132. Used goods offered for sale should be grouped by type.

133. When transferring technically sophisticated used household goods, the buyer is simultaneously transferred (if the seller has it) the relevant technical documents (technical passport or other document replacing it, operating instructions), as well as a warranty card for the goods confirming the right of the buyer for the remaining warranty period.

134. The buyer, to whom a used product of inadequate quality was sold, if its shortcomings were not specified by the seller, has the right, at his choice, to present the requirements provided for in paragraph 27 of these Rules.

The claims specified in paragraphs two and five of paragraph 27 of these Rules may be presented by the buyer, unless otherwise follows from the nature of the goods or the nature of the obligation.

1. Automobiles, motorcycles and other types of motor vehicles, trailers and numbered units for them, except for goods intended for use by the disabled, pleasure craft and watercraft

3. Electrical household appliances used as toiletry items and for medical purposes (electric shavers, electric hair dryers, electric hair curlers, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets, electric brush hair dryers, electric curlers, electric toothbrushes, electric hair clippers and other devices that come into contact with the mucous membranes and skin)

4. Electrical appliances used for thermal processing of food and food preparation (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters and other goods)

5. Civil weapons, the main parts of civil and service firearms.

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non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration
(approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55)

With changes and additions from:

1. Products for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, appliances and equipment, oral hygiene products, spectacle lenses, child care items, medicines)

2. Personal hygiene items (toothbrushes, combs, hair clips, hair curlers, wigs, hairpieces and other similar products)

3. Perfumes and cosmetics

4. Textile goods (cotton, linen, silk, woolen and synthetic fabrics, goods from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); building and finishing materials (linoleum, film, carpets, etc.) and other goods sold per meter

6. Products and materials made entirely or partially of polymeric materials and in contact with food (tableware and tableware and kitchen utensils, containers and packaging materials for storage and transportation of food products, including for single use)

11. Technically sophisticated household goods for which warranty periods are established (household metal-cutting and woodworking machines; electrical household machines and devices; household radio-electronic equipment; household computing and duplicating equipment; photographic and film equipment; telephone sets and facsimile equipment; electric musical instruments; toys electronic; household gas equipment and devices; wrist and pocket watches (mechanical, electronic-mechanical and electronic, with two or more functions)

12. Civil weapons, main parts of civil and service firearms, cartridges for them

13. Animals and plants

14. Non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media)

Trade is the most important branch of the economy. The turnover of goods, carried out both within the state and on the international market, is the main component of the state economy. And yet, trade is not an economically sustainable industry. Given the rapidly changing economic environment in the country, the trade law requires regular updates.

Federal Law No. 381-FZ “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” was adopted by the State Duma on December 18 and approved by the Federation Council on December 25, 2009. The law in question came into force on December 28 of the same year.

The current regulation consists of 5 chapters and 22 articles. Like other federal laws of the Russian Federation, FZ-381 regularly undergoes a series of necessary amendments. Last amendments to the actual document introduced July 3, 2016. Changes introduced in this way to the Federal Law on Trade, with January 1, 2017 years entered into force.

The provisions of the normative act under consideration govern the financial, economic, legal and social relations arising in the field of trade. This Federal Law establishes the basis for the federal regulation of trading activities on the territory of the Russian Federation.

This Federal Law on Trade has the following objectives:

• Ensuring the synthesis of subjects of the economic space of the Russian Federation by establishing a set of rules in the field of trade;
• Promoting the expansion of economic ties to meet the needs of economic sectors;
• Guarantee of observance of the legal rights of participants in trading activities;
• Separation of powers of state and regional authorities in relation to trade.

The standards established by the valid law on trade do not apply to relationships formed as a result of:

• Foreign trade;
• Trading organizations;
• Sales of products in retail markets;
• Acquisition and sale of shares, real estate, heat and electricity.

In addition, we suggest studying the norms of Federal Law 208 on joint-stock companies. Last revision

Basic concepts

The list of basic terminology used in this Federal Law on Trade includes the following concepts:

• Trading activity (trade)- the type of activity consisting in the purchase and sale of goods;
• Wholesale- buying or selling goods in bulk;
• Retail- sale or purchase of goods in a single copy or in small lots for personal purposes;
• Trade facility- a place intended for the demonstration and sale of products sold;
• Stationary trade facility- TO, located in the building;
• Non-stationary trade facility- mobile or mobile TO;
• Commercial network- a complex of two or more TOs belonging to a certain subject or subjects, in accordance with the provisions of the Federal Law "On Protection of Competition";
• Foodstuffs- food, alcohol and drinks;
• Services for the promotion of goods- services in the field of advertising in order to promote a particular product in the market conditions.

A complete list of the terminology used in Federal Law 381 is provided in Art. 2 of this Federal Law.

In order to study in detail the provisions of the law under consideration, it is necessary to familiarize yourself with its text. The current text of the Federal Law "On the basics of state regulation of trading activities in the Russian Federation" N 381-FZ latest version can be downloaded

Amendments to the law on trade

The last significant amendments to the Federal Law on Trade were made on July 3, 2016. The Federal Law “On Amendments to the Federal Law “On the Basics of State Regulation of Trading Activities in the Russian Federation” and the Code of the Russian Federation on Administrative Offenses” N 273-FZ became the amending document.

According to the current amendments, the text article 9, paragraph 4 states that an economic entity may be credited with a monetary reward for carrying out the necessary operations to provide food products. The amount of remuneration is determined and agreed upon by the trading parties.

The amendments made to article 13 of the current Federal Law, the prohibitions imposed on the host subject are clarified. An economic enterprise supplying food products is not authorized to:

• Violate the provisions of the current regulatory act "On Protection of Competition";
• It is unlawful to overestimate or underestimate prices;
• Prohibit the counterparty from cooperating with other suppliers;
• Block other suppliers from entering the market.

Deferment of payment under the law on trade

According to the amendments made to part 7 of the article under consideration, its text decides that the term of payment for food products is determined as follows:

• Goods with a short shelf life (up to 10 days) paid no later than 8 working days from the date of their delivery;
• Food with an average shelf life (from 10 to 30 days) paid within 25 calendar days;
• Products with an expiration date exceeds 30 days, must be paid within 40 calendar days from the date of receipt.

In comparison with the indicators of last year, the maximum installment terms for already delivered goods are reduced by 5-10 calendar days.

The main criterion for the installment plan is the period of acceptable storage of the supplied products. Thus, the relationship between the supplier and the recipient becomes more transparent, which makes it possible to improve the quality of the trading process itself.

Outbound trade

Outbound trade is an activity strictly regulated by this regulatory act. First of all, the mobile structure on which the goods are located should not interfere with vehicular traffic and pose a danger to the health and lives of buyers.

The seller-realizer must have a certificate of conformity or a declaration allowing him to engage in trading activities. In most cases, all the necessary documentation is provided to the distributor by the supplier of goods or the owner of the mobile shop.

The mobile structure must comply with technical and sanitary standards. In case of violations, the person carrying out activities in the area in question will be called to account in accordance with the provisions of the valid law.

Any human activity is directed, regulated and controlled by the state. Especially, trade, because there is not a single area of ​​social life in which it would not be present. It satisfies all human needs, from food to housing.

Trade serves not only to meet the consumer demand of the population, but also to replenish the country's budget. Therefore, the state strictly monitors that the legislation regulating this type of activity is not violated.

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They govern the legal relationships that arise in the sales process.. Determination of the order of work, schedule, forms of trade, both enterprises and the responsibility of self-government bodies, local executive authorities. Decisions related to the organization of trade, they take on their own.

Determined that the seller himself determines the range of goods or services. How exactly sales will be carried out belongs to his competence, that is, the seller chooses the form himself. Whether he will trade remotely or at a stationary point, or will be engaged in traveling trade, it depends only on his decision.

The rules, in addition to rights, also establish his duties. They include:

1. State registration;
2. Licensing. But if the law so requires;
3. Providing information to both regulatory authorities and visitors, if they request it.

Information about registration is provided, including the details of the registrar, about the license, its term, when and by whom it was issued. This rule is always valid, regardless of the existing form. At least at a stationary point, at least on the road, but information is provided without fail.

Information support of products

It means not only a price tag with the specified name and cost, but complete and detailed information.

The seller must inform the buyer who produced the goods, including the name of the organization, location.

Besides, where and who repairs, maintains the products offered, its standards, where and how claims are accepted.

Mandatory Information

Each buyer must be informed of certain information regarding the products presented.

• Consumer properties;
• Terms of use;
• Security conditions;
• Service life and shelf life of the product or products;
• Guarantee period;
• Purchase conditions.

Additional product information

For some groups of goods or products additional requirements for the information provided:

1. When selling perfumes or cosmetics, the seller informs about the composition, effect, and necessarily about the action.
2. Precious stones, like precious metals, must have imprints of manufacturers (the rule for Russian goods).
3. Precious stones (meaning faceted) are sold only if there is a certificate.

For both precious metals and precious stones, information is provided:

• About samples;
• About certification;
• About the standards existing on them;
• About how Russian hallmarks (issued by the Assay Office) look like.

The Rules state that services related to the goods purchased by the visitor are provided only with the consent of the buyer.

It is noted that the loading of products with large dimensions is carried out by the seller in the buyer's transport free of charge.

Features of the implementation of certain categories of goods

However not all categories of goods can be exchanged. Cannot be exchanged:

• Products containing precious metals;
• Household chemicals;
• Items intended for personal hygiene;
• Perfumes, cosmetics;
• Textile linen (measured).

The Rules describe the features of sales of several product groups, primarily food, then:

• Household (complex),
• Fur products, textile, clothing, as well as shoes,
• cosmetics and perfumery,
• Cars, motorcycles, trailers,
• Jewelry, precious metals, precious stones,
• Medicines, medical equipment,
• Trade in animals and plants
• Household chemicals, agrochemicals, primarily pesticides,
• Phonograms, as well as audiovisual works,
• Computer programs, databases,
• Weapons and ammunition,
• building materials,
• furniture,
• Gaza,
• non-periodical publications,
• , boo,
• alcohol.

There is a provision according to which for the period of repair, the buyer can be provided with a similar product for use.

The rules set a list of products to which this rule does not apply. It included:

1. Vehicles, including motorcycles, motor vehicles. However, equipment intended for the disabled may be borrowed until the main vehicle is repaired;
2. Furniture;
3. Electrical appliances, household and medical;
4. Electrical appliances used for cooking;
5. Weapons and their components.

Some types of goods cannot be exchanged

• Books, other printed publications,
• Perfumery. Cosmetics,
• Household chemicals,
• Weapon,
• motor transport,
• medical devices,
• Goods intended for personal hygiene,
• Plants. Animals

Guarantee period

The warranty period is the obligation of the seller, manufacturer. The time during which they are obliged to satisfy the claims of the buyer who bought the worthless item. The term is calculated from the date of purchase. But, if it is impossible to establish the date of acquisition, then from the date of manufacture.

In the case when the warranty period is not established, it is equal to two years from the date of purchase (CC, Art. 477).

The buyer is charged with obligation to comply with the rules of use and operation.

Poor quality product. Implementation

The products sold must meet the requirements for it.

Violation of the rules of sale entails administrative liability.

If the seller sells an unusable product, then he can be held accountable, possibly even criminally prosecuted.

The penalty for the sale of low-quality goods is provided for in the Code of Administrative Offenses. Its size:

1. For individuals - up to 2.5 thousand rubles;
2. Up to 50 thousand - for legal entities.

Violation of the rules for the sale of certain types of goods can manifest itself in various aspects: from damaged products, goods with a factory defect, to a deliberate attempt sell expired goods. It is also a violation to refuse to provide the Book of Complaints and Suggestions.

Enforcement of the regulation

Supervision of the activities of trade enterprises, individual entrepreneurs, compliance with the Rules of interest to us is entrusted to:

1. On the state inspectorate for trade;
2. Ministry of Commerce, foreign economic relations;
3. Antimonopoly Committee;
4. Rospotrebnadzor;
5. executive power(for organs of all levels).

Remote sale. What is prohibited?

Primarily trade in alcohol, products containing it is prohibited. You can not sell rare earth and precious metals, precious stones, strategic materials. Not subject to remote sale:

• Armament;
• poisonous substances;
• Medications. You can sell herbs;
• Weapons, both smooth-bore and rifled, their ammunition;
• drugs;
• Pesticides and chemicals.

Completely with products prohibited for sale remotely can be found in legislative acts:

1. Presidential Decree No. 179 (February 22, 1992).
2. Federal laws: FZ-150 of 1996, FZ-3 of 1998, FZ-41 of 1996
3. in other laws and regulations.

A check is not just a piece of paper. Lawyers advise not to throw away this important document. We recommend watching a video with legal advice: