COMMENTARY ON THE LAW ON THE FUNDAMENTALS OF STATE REGULATION OF TRADE ACTIVITIES IN THE RUSSIAN FEDERATION

S.P. GRISHAEV

December 18, 2009 State Duma The Russian Federation adopted Federal Law N 381-FZ “On the Fundamentals of State Regulation trading activities V Russian Federation", which will come into force on February 1, 2010. The adoption of the Law was preceded by many years of discussion and approval of its bill both in the State Duma itself and in the media, as well as a long and bitter struggle between food suppliers and chain traders to adopt the option they needed Characterizing the Law as a whole, it can be noted that it protects the rights of manufacturers (suppliers) of products to a greater extent than trade organizations.
It should be noted that state regulation of trading activities in Russia was carried out earlier. Despite the fact that the purchase and sale agreement is, in essence, one of the most “market”, its state regulation has a long history. Long gone are the days when it was believed that the state should not interfere in civil relations and that the market itself would put everything in its place.
State regulation in trade is currently of particular importance due to numerous abuses in matters of pricing and ensuring the quality and safety of goods, which were noted in Lately. Although the main regulator of trade has always been the laws of supply and demand, in a number of cases state influence on the processes of commodity circulation is necessary. The need for it arises, if only because it is the state that guarantees the protection of competition in trade, takes upon itself the protection of the life and health of citizens purchasing goods, and ensuring other legitimate interests of society. However, state regulation of trade activities used to be mainly associated with the protection of the rights of buyers as consumers of certain goods and as the weaker party to the sales contract.
The following legal acts can be cited as an example. This is primarily the Law of the Russian Federation of February 7, 1992 “On the Protection of Consumer Rights”. This Law regulates, among other things, relations under a retail purchase and sale agreement that are not regulated by the Civil Code of the Russian Federation. As the name itself suggests, its main goal is to protect the rights of consumers, which includes buyers under a retail purchase and sale agreement.
You can also mention the Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation”, which provides for state control (supervision) over compliance with the requirements of technical regulations in relation to products, their storage, transportation, sale and disposal.
Certain attention when government regulation Trading activities were also focused on retail markets. Thus, relations related to the organization of retail markets, the organization and implementation of activities for the sale of goods in retail markets are regulated by Federal Law of December 30, 2006 N 271-FZ “On retail markets and on amendments to the Labor Code of the Russian Federation.”
However, for the first time, in the Law on the Fundamentals of State Regulation of Trade Activities in the Russian Federation, an attempt was made to regulate relations between manufacturers (suppliers) of goods and trade organizations (individual entrepreneurs) carrying out trade activities. Essentially, we are talking about such types of purchase and sale agreement as a supply agreement and a contracting agreement.
In addition, the Law regulates relations arising between bodies state power, local government bodies and business entities in connection with the organization and implementation of trading activities (clause 3 of Article 1 of Law No. 381-FZ).
State regulation provided for by this Law does not apply to all types of trading activities. So, in accordance with paragraph 4 of Art. 1 its provisions do not apply to:
1) foreign trade activities;
2) trading on commodity exchanges;
3) activities for the sale of goods in retail markets;
4) purchase and sale of securities, real estate, products for industrial and technical purposes, including electrical energy(power), thermal energy and power, as well as other types of energy resources.
The existence of such a rule is due to the fact that for each of the above types of trading activities, special legal regulation is provided, which contains elements of state regulation.
In addition, according to paragraph 5 of Art. 1, it does not apply to relations arising between business entities when they trade in goods limited in circulation, since the procedure and conditions for their sale are regulated by federal laws on the circulation of such goods. As an example, we can cite the Federal Law of December 13, 1996 N 150-FZ “On Weapons”, which, according to the preamble, regulates legal relations arising during the circulation of civilian, service, as well as military hand-held small arms and bladed weapons on the territory of the Russian Federation.
Formulated in Art. 1, the goals of the adoption of the Law on the Fundamentals of State Regulation of Trade Activities in the Russian Federation are very vague and can apply to any other legal act in the field of trade activities. So, according to this article, these goals boil down to the following:
1) ensuring the unity of the economic space in the Russian Federation by establishing requirements for the organization and implementation of trading activities;
2) development of trade activities in order to meet the needs of economic sectors for manufactured products, ensure the availability of goods for the population, create a competitive environment, support Russian producers of goods;
3) ensuring compliance with the rights and legitimate interests of legal entities, individual entrepreneurs engaged in trading activities, legal entities, individual entrepreneurs supplying manufactured or purchased goods intended for use in business activities, including for sale or resale, balance sheet economic interests the specified economic entities, as well as ensuring compliance with the rights and legitimate interests of the population;
4) delimitation of powers between federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies in the field of regulation of trade activities.
An analysis of the Law shows that it is primarily aimed at creating transparent conditions for interaction between suppliers and retail chains, and also contains fairly strict rules for antimonopoly regulation of trading activities. In addition, one of the most important goals of the Law is to solve the problem of ensuring a balance of interests of retail chains and supplier enterprises, developing competition and preventing abuse in the retail trade sector.
In Art. 2 of the Law gives the basic concepts that are applied in it. Some of them deserve special attention. Thus, for the first time, a legal definition of wholesale trade is given as a type of trading activity related to the acquisition and sale of goods for use in business (including resale) or for other purposes not related to personal, family, household and other similar use. Although wholesale trade was mentioned earlier in a number of by-laws, for some unknown reason there was no legal definition of it at the legal level.
This article also defines a retail network as a collection of two or more retail facilities that are under common management, or a collection of two or more retail facilities that are used under a single commercial designation or other means of individualization. The importance of this definition is that it directly relates to the issue of determining the threshold of dominance. From February 1, 2010, retail chains whose market share in the constituent entities of the Federation exceeds 25% will not be able to open new stores in these constituent entities, and from July 1, 2010, this condition will also apply to municipal districts and urban districts. Based on the above definition, trading networks (retailers) lose the opportunity to circumvent this prohibition by concluding a commercial concession agreement (franchising).
The essence of this agreement is that one party (the copyright holder) undertakes to provide the other party (the user), for a fee for a period or without specifying a period, the right to use in the user’s business activities a complex of exclusive rights belonging to the copyright holder, including the right to a trademark, service mark, and also rights to other objects of exclusive rights provided for by the contract, in particular to a commercial designation, a production secret (know-how) (clause 1 of Article 1027 of the Civil Code).
The commercial concession agreement is widely used in trading activities. For the copyright holder, this type of relationship is a very convenient way to expand his business, including on an international scale, since he gets rid of the need to open a huge number of branches and create enterprises in territories remote from him. At the same time, enterprises created by users are integrated into the integrated system of the copyright holder, who exercises the necessary control over them.
Previously, retail chains opened new stores, which were formally independent legal entities and, therefore, did not violate antitrust laws. However, having received exclusive rights to a trademark or commercial designation of a retail chain under a commercial concession agreement, the newly opened stores were essentially its structural divisions.
The Law formulates an exhaustive list of methods of state regulation of trade activities. According to paragraph 1 of Art. 4 of the Law, state regulation of trading activities is carried out through:
1) establishing requirements for its organization and implementation;
2) antimonopoly regulation in this area;
3) information support in this area;
4) state control (supervision), municipal control in this area.
Other regulatory methods can only be applied if a special federal law is adopted. At the same time, the Law directly defines the content of all these methods.
The Law distributes the competencies of the Government of the Russian Federation, federal executive authorities, state authorities of the constituent entities of the Russian Federation, and local governments in the field of regulation of trade activities.
In particular, the competence of the Government includes resolving the most general issues (such as ensuring public policy in the field of trading activities, approval of the calculation methodology and the procedure for establishing by the constituent entities of the Russian Federation standards for the minimum provision of the population with the area of ​​​​trade facilities, etc.)
A special role belongs to the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of domestic trade, which, in accordance with paragraph 2 of Art. 5 of the Law exercises the following powers:
1) statement methodological recommendations on the development of regional trade development programs;
2) approval of the form of the trade register, which includes information about business entities engaged in trading activities, business entities supplying goods (except for manufacturers of goods), and the state of trade on the territory of a constituent entity of the Russian Federation, the procedure for its formation and the procedure for providing information contained in the commercial register;
3) participation, together with the authorized federal executive body carrying out the functions of generating official statistical information, in determining the content of statistical reporting forms used in the field of trading activities, the timing of their submission by business entities engaged in trading activities, business entities supplying goods (for excluding product manufacturers).
Perhaps by such a federal executive body we mean the Ministry of Industry and Trade of the Russian Federation, but one cannot fail to pay attention to the fact that in current Regulations about it, approved by Decree of the Government of the Russian Federation of June 5, 2008 N 438, the above functions are not provided. In this regard, it is necessary to either create a new body or expand the functions of this ministry.
In addition to federal, regional and local executive authorities, associations of legal entities (associations and unions) will be involved in the formation and implementation of state policy in the field of trade activities, which, according to paragraph 1 of Art. 121 Civil Code are non-profit organizations. These can be both non-profit organizations that unite business entities engaged in trading activities, and non-profit organizations that unite business entities that supply goods (Article 7). Their participation can only be voluntary and includes the following forms:
1) participation in the development of draft regulatory legal acts of the Russian Federation in the field of trade activities, regional and municipal trade development programs;
2) participation in the analysis of financial, economic, social and other indicators of trade development in the territories of the constituent entities of the Russian Federation, municipalities, in assessing the effectiveness of measures to support it, in preparing a forecast for the development of trade in the territories of the constituent entities of the Russian Federation, municipalities;
3) dissemination of Russian and foreign experience in the field of trading activities;
4) providing the necessary information for the formation and implementation of state policy in the field of trade activities;
5) preparation of proposals for improving trade activities for state authorities and local governments.
The term “economic entity” is used in relation to both suppliers and retail chains. This term, in accordance with the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition,” means an individual entrepreneur, a commercial organization, as well as a non-profit organization carrying out activities that generate income for it.”
One of the most important innovations of the Law is the possibility of introducing state regulation of prices when carrying out trading activities. As a general rule, the execution of a sales contract is paid at the price established by agreement of the parties. In fact, this means that the parties to the purchase and sale agreement can set any contract price, the main thing is that it suits both the seller and the buyer, i.e. in the general case, free prices and tariffs are applied that develop on the goods market under the influence of supply and demand. At the same time, para. 2 p. 1 art. 424 of the Civil Code of the Russian Federation establishes that in cases provided for by law, prices (tariffs, rates, rates, etc.) established or regulated by those authorized to do so are applied government agencies. As is known, state regulation of prices can be carried out by establishing:
- firm (fixed) price;
- maximum price level;
- coefficients to price.
In this case, the establishment of a price ceiling is applied. So, according to paragraph 5 of Art. 8 of the Law in the event that for thirty calendar days in a row on the territory of a separate constituent entity of the Russian Federation or the territories of constituent entities of the Russian Federation there is an increase in retail prices for certain types of socially significant food products essential necessity will be thirty percent or more, the Government of the Russian Federation, in order to stabilize retail prices for these types of goods, has the right to establish maximum permissible retail prices for them in the territory of such a constituent entity of the Russian Federation or the territories of such constituent entities of the Russian Federation for a period of no more than ninety calendar days.
The list of certain types of socially significant essential food products and the procedure for establishing maximum permissible retail prices for them are established by the Government of the Russian Federation. Currently, such lists are established only at the level of the constituent entities of the Federation, and it is necessary to adopt a special resolution of the Government of the Russian Federation.
Typically, government price regulation is carried out in the sphere of natural monopolies. Trading activity cannot be considered as a natural monopoly. The adoption of this provision is due to the increasing incidence of price collusion between the largest retail chains. Obviously, antimonopoly legislation could not solve the problem, and in this case government intervention is necessary.
However, it should be noted that such intervention is very limited and is expressed in the establishment of a price ceiling for a not very long period of time.
The law significantly limited the powers of state authorities of the constituent entities of the Russian Federation and local governments in the field of regulation of trade activities. So, according to Art. 15 of the Law prohibits state authorities of the constituent entities of the Russian Federation and local authorities from establishing internal trade rules on the commodity market that differ from federal ones. Also, local authorities will not be able to force retailers and suppliers to repeat (in addition to those carried out in accordance with federal laws) inspection of the quality of goods, to enter into priority agreements for the supply of goods with certain suppliers, and, conversely, it is prohibited to limit the free movement of goods between local markets. Finally, a ban has been introduced on any price regulation, forcing business entities engaged in trading activities, business entities supplying goods, to sell goods at prices determined in the manner established by the executive authorities of the constituent entities of the Russian Federation (except for cases where such authorities in accordance with the established procedure are vested with the right to carry out state regulation of prices for goods) or by local government bodies.
It should be noted that in practice such interference occurred quite often. There were even cases of bans on the export of certain goods produced in a particular region outside its borders.
Clause 12 of Art. is very important. 9 of the Law. According to this clause, the inclusion in the contract for the supply of food products of conditions on the performance by an economic entity engaged in trading activities of certain actions in relation to the supplied food products, on the provision of services for advertising goods, marketing and similar services aimed at promoting food products, as well as the conclusion of a supply contract food products by forcing the conclusion of an agreement for the provision of paid services aimed at promoting food products is not allowed.
Practice shows that the procurer purchasing agricultural products for resale (this role is usually played by a network trade organization) establishes additional paid services for the manufacturer, the purchase of which determines the conclusion of the supply agreement itself (admission to the network). In particular, for introducing a new product into circulation, changing the range of products, expanding the number of stores in which the product is sold, the supplier had to pay a fee to the retail chain. Mandatory payment by the supplier was subject to merchandising (merchandising - preparation for the sale of goods in a retail trade network: design of trade counters, display windows, placement of the goods themselves on the sales floor, presentation of information about the goods) and logistics (organization and regulation of processes for promoting goods from producers to consumers, the functioning of the sphere of circulation of products, goods, services, inventory management, creation of distribution infrastructure) services, etc. services that constitute the essence of the activities of a trade organization. The idea of ​​the Law is that contracts for the supply of goods in accordance with the specified clause should be separated from related contracts.
According to paragraph 1 of Art. 14 of the Law, an economic entity that carries out retail trade food products through the organization of a trading network (with the exception of an agricultural consumer cooperative, a consumer cooperation organization) and the share of which exceeds twenty-five percent of the volume of all food products sold in monetary terms for the previous financial year within the boundaries of a constituent entity of the Russian Federation, including within the boundaries of cities of federal significance Moscow and St. Petersburg, within the boundaries of a municipal district, urban district, do not have the right to acquire or lease within the boundaries of the corresponding administrative-territorial entity additional area of ​​retail facilities for carrying out trading activities for any reason, including as a result of the commissioning of retail facilities, participation in auctions held for the purpose of their acquisition.
Thus, the Law essentially prohibited retail chains with a 25 percent market share from opening new stores in the region. In other words, a market dominance threshold has been introduced. It is expected that limiting the dominance threshold will become a serious tool for containing prices. However, only practice will show whether this will actually happen.
It should be noted that the 25 percent threshold does not comply with antimonopoly legislation. So, according to paragraph 1 of Art. 5 of the Law on the Protection of Competition, a dominant position is recognized as the position of an economic entity (group of persons) or several economic entities (groups of persons) in the market for a certain product, giving such an economic entity (group of persons) or such economic entities (groups of persons) the opportunity to exercise a decisive influence on the general conditions for the circulation of goods on the relevant product market, and (or) eliminate other economic entities from this product market, and (or) impede access to this product market for other economic entities. The position of an economic entity (with the exception of a financial organization) is recognized as dominant:
1) whose share in the market for a certain product exceeds fifty percent, unless, when considering a case of violation of antimonopoly legislation or when exercising state control over economic concentration, it is established that, despite exceeding the specified value, the position of the economic entity in the product market is not dominant ;
2) whose share in the market for a certain product is less than fifty percent, if the dominant position of such an economic entity is established by the antimonopoly authority based on the unchanged or subject to minor changes share of the economic entity in the product market, the relative size of the shares in this product market owned by competitors, the possibility of access new competitors into this product market or based on other criteria characterizing the product market.
In order to stimulate the formation of a market system for the sale of food products on the commodity market of the Russian Federation, the Law provides for rules for concluding and executing contracts for the supply of food products, which, in essence, deviate from the principle of freedom of contract. So, according to paragraph 7 of Art. 9 of the Law, if an agreement for the supply of food products is concluded between an economic entity engaged in trading activities and an economic entity engaged in the supply of food products with the condition of payment for such goods a certain time after their transfer to the economic entity engaged in trading activities, the payment period for such goods to be established by this agreement is determined according to the following rules:
1) food products for which the expiration date is set to less than ten days are subject to payment no later than ten working days from the date of acceptance of such goods by the business entity carrying out trading activities;
2) food products for which the expiration date is set from ten to thirty days inclusive, are subject to payment no later than thirty calendar days from the date of acceptance of such goods by the business entity carrying out trading activities;
3) food products with a shelf life of more than thirty days, as well as alcoholic products produced on the territory of the Russian Federation, are subject to payment no later than forty-five calendar days from the date of acceptance of such goods by the business entity carrying out trading activities.
To streamline the placement of non-stationary retail facilities (tents, stalls, etc.) on state and municipal lands, in stationary buildings owned by state or municipal property, the Law introduced special rules. They are placed in accordance with the layout of non-stationary retail facilities, taking into account the need to ensure sustainable development of the territories and achieve the standards for the minimum provision of the population with the area of ​​retail facilities (Clause 1 of Article 10 of the Law).
If we are talking about retail facilities located on land plots, in buildings, structures, structures that are state-owned, the procedure for inclusion in the placement scheme is established by the Government of the Russian Federation. For this purpose, a special resolution of the Government of the Russian Federation must be adopted. And if we are talking about municipal property, then according to clause 3 of Art. 10 of the Law, the layout of non-stationary retail facilities is developed and approved by the local government body, determined in accordance with the charter of the municipality, in the manner established by the authorized executive body of the constituent entity of the Russian Federation.
At the same time, regardless of whose ownership the land plots, buildings, structures, structures are located, the layout of non-stationary retail facilities should provide for the placement of at least sixty percent of non-stationary retail facilities used by small or medium-sized businesses engaged in trading activities, of the total number non-stationary retail facilities (clause 4 of article 10 of the Law).

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The foundations of state regulation of trade activities in Russia are being consolidated.

The largest food chains are prohibited from purchasing and leasing additional retail space. We are talking about retail chains whose threshold for dominance in the retail market within the boundaries of a region, municipal district or urban district exceeds 25%. At the same time, it is not permitted to purchase or lease additional retail space only within the boundaries of the relevant administrative-territorial entity. The ban does not apply to agricultural consumer cooperatives and consumer cooperative organizations.

A list of conditions has been established that suppliers of food products and their buyers (retail chains) cannot impose on each other. In particular, these are conditions for suppliers to reduce the price of a product to a level that, when establishing a trade markup (margin), will not exceed the minimum selling price of such a product by business entities engaged in similar activities; on payment of a fee for changing the range of goods. Provisions on liability for failure to fulfill obligations to supply goods on terms better than for other economic entities cannot be imposed; on payments by suppliers for access to retail facilities included in the distribution network. Wholesale trade using a commission agreement is prohibited.

A ban on changing persons under a food supply contract by assignment of a claim and liability for non-compliance with this rule are not allowed.

The price of a contract for the supply of food products is allowed to include remunerations (premiums) or discounts paid (provided) to the buyer by the supplier in connection with the purchase of a certain quantity of goods. The amount of such remuneration cannot exceed 10% of the price of the purchased goods. Other types of remuneration cannot be included in the contract price.

Payment deadlines for the supply of certain food products have been established. Thus, for food products with a shelf life of up to 10 days, the payment period is up to 10 working days from the date of acceptance of the goods, for products with a shelf life of up to 30 days - up to 30 calendar days, for other products, including alcohol - up to 45 calendar days.

It is envisaged to create a system of state information support in the field of trade, including the formation of regional trade registers.

The Federal Law comes into force on February 1, 2010. Food supply contracts concluded earlier must be brought into compliance with the new requirements within 180 days from the date of entry into force of the Federal Law.

Adopted by the State Duma on December 18, 2009
Approved by the Federation Council on December 25, 2009

Chapter 1. General provisions

Article 1. Goals and scope of application of this Federal Law

1. This Federal Law defines the basis for state regulation of trading activities in the Russian Federation (hereinafter referred to as trading activities).

2. The objectives of this Federal Law are:

1) ensuring the unity of the economic space in the Russian Federation by establishing requirements for the organization and implementation of trading activities;

2) development of trade activities in order to meet the needs of economic sectors for manufactured products, ensure the availability of goods for the population, create a competitive environment, support Russian producers of goods;

3) ensuring compliance with the rights and legitimate interests of legal entities, individual entrepreneurs engaged in trading activities (hereinafter referred to as business entities engaged in trading activities), legal entities, individual entrepreneurs supplying manufactured or purchased goods intended for use in business activities, in including for sale or resale (hereinafter referred to as business entities supplying goods), balancing the economic interests of these business entities, as well as ensuring compliance with the rights and legitimate interests of the population;

4) delimitation of powers between federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies in the field of regulation of trade activities.

3. This Federal Law regulates the relations that arise between state authorities, local government bodies and business entities in connection with the organization and implementation of trading activities, as well as the relations that arise between business entities when they carry out trading activities.

4. The provisions of this Federal Law do not apply to relations related to the organization and implementation of:

1) foreign trade activities;

2) trading on commodity exchanges;

3) activities for the sale of goods in retail markets;

4) purchase and sale of securities, real estate, products for industrial and technical purposes, including electrical energy (power), thermal energy and power, as well as other types of energy resources.

5. Relations arising between business entities when they trade in goods limited in circulation, the procedure and conditions for their sale are regulated by federal laws on the circulation of such goods.

Article 2. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

2) wholesale trade - a type of trading activity associated with the acquisition and sale of goods for use in business activities (including for resale) or for other purposes not related to personal, family, household and other similar use;

3) retail trade - a type of trading activity associated with the acquisition and sale of goods for use for personal, family, household and other purposes not related to business activities;

4) retail facility - a building or part of a building, a structure or part of a structure, a structure or part of a structure, specially equipped with equipment designed and used for displaying, demonstrating goods, servicing customers and conducting cash settlements with customers when selling goods;

5) stationary retail facility - a retail facility that is a building or part of a building, structure or part of a structure, firmly connected by the foundation of such a building, structure to the ground and connected to utility networks;

6) non-stationary retail facility - a retail facility that is a temporary structure or temporary structure that is not firmly connected to the land plot, regardless of whether it is connected or not connected to engineering support networks, including a mobile structure;

7) area of ​​a retail facility - premises intended for displaying, demonstrating goods, servicing customers and conducting cash settlements with customers when selling goods, and the passage of customers;

8) trading network - a collection of two or more retail facilities that are under common management, or a collection of two or more retail facilities that are used under a single commercial designation or other means of individualization;

9) food products - products in natural or processed form that are in circulation and consumed by humans as food (including food baby food, products dietary nutrition), bottled drinking water, alcoholic products, beer and drinks made on its basis, soft drinks, chewing gum, nutritional supplements and dietary supplements.

Article 3. Legal regulation of relations in the field of trading activities

1. Legal regulation of relations in the field of trading activities is carried out by the Civil Code of the Russian Federation, this Federal Law, Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights”, other federal laws and other regulatory legal acts adopted in accordance with them acts of the Russian Federation, laws of the constituent entities of the Russian Federation, other regulatory legal acts of the constituent entities of the Russian Federation.

2. Relations related to the organization of retail markets, the organization and implementation of activities for the sale of goods in retail markets are regulated by Federal Law of December 30, 2006 N 271-FZ “On retail markets and on amendments to the Labor Code of the Russian Federation.”

3. Local government bodies have the right to issue municipal legal acts on issues related to the creation of conditions for providing residents of the municipality with trade services, in cases and within the limits provided for by this Federal Law, other federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation , laws of the constituent entities of the Russian Federation.

Article 4. Methods of state regulation of trading activities

1. State regulation of trade activities is carried out through:

1) establishing requirements for its organization and implementation;

2) antimonopoly regulation in this area;

3) information support in this area;

4) state control (supervision), municipal control in this area.

2. It is not permitted to use methods of state regulation of trade activities not provided for in Part 1 of this article, except in cases established by federal laws.

Article 5. Powers of the Government of the Russian Federation, federal executive authorities in the field of state regulation of trade activities

1. The Government of the Russian Federation, in accordance with this Federal Law, exercises the following powers in the field of state regulation of trade activities:

1) ensuring the implementation of state policy in the field of trade activities;

2) approval of the calculation methodology and procedure for establishing by the constituent entities of the Russian Federation standards for the minimum provision of the population with the area of ​​​​trade facilities;

3) approval of the methodology for calculating the volume of all food products sold within the boundaries of a constituent entity of the Russian Federation, including within the boundaries of the federal city of Moscow or St. Petersburg, within the boundaries of a municipal district, city district in monetary terms for the financial year and determining the share of the volume of all such sold goods by an economic entity engaged in retail trade in such goods through the organization of a trading network (with the exception of an agricultural consumer cooperative, consumer cooperation organization), within the boundaries of the corresponding administrative-territorial entity in monetary terms for the financial year;

4) other powers provided for by this Federal Law and other federal laws in the field of state regulation of trading activities.

2. The federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade exercises the following powers:

2) approval of the form of the trade register, which includes information on business entities engaged in trading activities, on business entities supplying goods (except for manufacturers of goods), and on the state of trade on the territory of a constituent entity of the Russian Federation (hereinafter referred to as the trade register), the procedure its formation and the procedure for providing information contained in the trade register;

3) participation, together with the authorized federal executive body carrying out the functions of generating official statistical information, in determining the content of statistical reporting forms used in the field of trading activities, the timing of their submission by business entities engaged in trading activities, business entities supplying goods (for excluding manufacturers of goods);

4) other powers provided for by this Federal Law, other federal laws, decrees of the President of the Russian Federation, and decrees of the Government of the Russian Federation.

Article 6. Powers of state authorities of the constituent entities of the Russian Federation, local governments in the field of regulation of trade activities

1. State authorities of the constituent entities of the Russian Federation in the field of state regulation of trade activities exercise the following powers:

1) implementation of state policy in the field of trade activities on the territory of a constituent entity of the Russian Federation;

2) in accordance with this Federal Law, the development and adoption of laws of the constituent entities of the Russian Federation, other regulatory legal acts of the constituent entities of the Russian Federation in the field of state regulation of trade activities;

3) establishing standards for the minimum provision of the population with the area of ​​retail facilities for a constituent entity of the Russian Federation;

4) conducting information and analytical monitoring of the state of the market for a certain product and the implementation of trading activities on the territory of the corresponding constituent entity of the Russian Federation;

5) development and implementation of measures to promote the development of trade activities on the territory of the relevant constituent entity of the Russian Federation;

6) other powers provided for by this Federal Law.

2. Local government bodies in the field of regulation of trade activities create conditions for providing residents of the municipality with trade services. This authority is exercised by local self-government bodies of intra-city municipalities of federal cities of Moscow and St. Petersburg if the creation of such conditions is defined as a matter of local importance by the laws of these constituent entities of the Russian Federation.

Article 7. Participation in the formation and implementation of state policy in the field of trade activities of non-profit organizations uniting business entities engaged in trading activities, and non-profit organizations uniting business entities supplying goods

1. The federal executive body, exercising the functions of developing state policy and legal regulation in the field of domestic trade, in order to coordinate the socially significant interests of business entities engaged in trading activities, business entities supplying goods, attracts on a voluntary basis non-profit organizations, uniting such economic entities to participate in the formation and implementation of state policy in the field of trade activities.

2. Participation in the formation and implementation of state policy in the field of trade activities of non-profit organizations uniting business entities engaged in trading activities, non-profit organizations uniting business entities supplying goods can be carried out in the following forms:

1) participation in the development of draft regulatory legal acts of the Russian Federation in the field of trade activities, regional and municipal trade development programs;

2) participation in the analysis of financial, economic, social and other indicators of trade development in the territories of the constituent entities of the Russian Federation, municipalities, in assessing the effectiveness of measures to support it, in preparing a forecast for the development of trade in the territories of the constituent entities of the Russian Federation, municipalities;

3) dissemination of Russian and foreign experience in the field of trading activities;

4) providing the necessary information for the formation and implementation of state policy in the field of trade activities;

5) preparation of proposals for improving trade activities for state authorities and local governments;

6) other forms of such participation provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

Chapter 2. Requirements for organizing and carrying out trading activities

Article 8. Rights and obligations of business entities engaged in trading activities, business entities supplying goods, when organizing trading activities and its implementation

1. Trading activities are carried out by business entities provided for by this Federal Law and registered in the manner established by the legislation of the Russian Federation, unless otherwise provided by federal laws.

2. Business entities engaged in trading activities, when organizing trading activities and carrying them out, with the exception of cases established by this Federal Law and other federal laws, independently determine:

1) type of trade (wholesale and (or) retail trade);

2) form of trade (in stationary trade facilities, outside stationary trade facilities, including at fairs, exhibitions, delivery trade, peddling trade, distance selling of goods, sale of goods using vending machines and other forms of trade);

3) method of trade (with the use of retail facilities and (or) without the use of retail facilities);

4) specialization of trade (universal trade and (or) specialized trade);

5) the type of retail facility used for trading activities (stationary retail facility and (or) non-stationary retail facility);

6) the grounds for using property when carrying out trading activities (ownership rights and (or) other legal basis);

7) the procedure and conditions for carrying out trading activities, including:

a) the range of goods sold;

b) operating mode;

c) techniques and methods by which the sale of goods is carried out;

d) quantity, types, models of technological equipment, inventory used in carrying out trading activities;

e) methods of communicating information to buyers about the seller, about the goods offered for sale, about the services provided;

8) prices for goods sold;

10) conditions for concluding contracts for the purchase and sale of goods, contracts for the provision of paid services;

11) other procedures and conditions for carrying out trading activities.

3. The procedure and conditions for carrying out trading activities specified in paragraph 7 of part 2 of this article in relation to state or municipal enterprises and trade establishments are established by decision of the relevant state or municipal bodies.

4. If federal laws provide for state regulation of prices for certain types of goods, trade markups (margins) to prices for them (including the establishment of their maximum (maximum and (or) minimum) levels by government bodies), prices for such goods, trade markups (margins) to their prices are established in accordance with the specified federal laws, as well as regulatory legal acts of these government bodies and (or) regulatory legal acts of local government bodies adopted in accordance with them.

5. If for thirty consecutive calendar days on the territory of a separate constituent entity of the Russian Federation or the territories of constituent entities of the Russian Federation, the increase in retail prices for certain types of socially significant food products of essential necessity amounts to thirty percent or more, the Government of the Russian Federation, in order to stabilize retail prices for for these types of goods has the right to establish maximum permissible retail prices for them on the territory of such a constituent entity of the Russian Federation or the territories of such constituent entities of the Russian Federation for a period of no more than ninety calendar days.

6. The list of certain types of socially significant essential food products and the procedure for establishing maximum permissible retail prices for them are established by the Government of the Russian Federation.

Article 9. Rights and obligations of an economic entity engaged in trading activities and an economic entity supplying food products in connection with the conclusion and execution of a contract for the supply of food products

1. An economic entity carrying out trading activities through the organization of a trading network is obliged to provide the economic entity supplying food products with access to information about the conditions for selecting a counterparty for concluding an agreement for the supply of food products and about the essential terms of such an agreement by posting relevant information on its website in information and telecommunications network "Internet" or by providing the requested information free of charge within fourteen days from the date of receipt of the relevant request.

2. An economic entity supplying food products is obliged to provide an economic entity engaged in trading activities through the organization of a trading network with access to information about the conditions for selecting a counterparty for concluding an agreement for the supply of food products and about the essential terms of such an agreement, information about the quality and safety of the goods supplied food products by posting relevant information on its website on the Internet information and telecommunications network or by providing the requested information free of charge within fourteen days from the date of receipt of the relevant request.

3. The price of a contract for the supply of food products concluded between an economic entity supplying food products and an economic entity engaged in trading activities is determined based on the price of food products established by agreement of the parties to the contract for the supply of food products, taking into account those provided for in parts 4 and 5 of Article 8 of this Federal law provisions.

4. An agreement between the parties to a contract for the supply of food products may provide for the inclusion in its price of remuneration paid to an economic entity engaged in trading activities in connection with its acquisition of a certain quantity of food products from an economic entity engaged in the supply of food products. The amount of the specified remuneration is subject to agreement by the parties to this agreement, inclusion in its price and is not taken into account when determining the price of food products. The amount of remuneration cannot exceed ten percent of the price of purchased food products.

5. It is not permitted to pay the remuneration specified in Part 4 of this article in connection with the acquisition by an economic entity engaged in trading activities of certain types of socially significant food products specified in the list established by the Government of the Russian Federation.

6. The inclusion in the price of a contract for the supply of food products of other types of remuneration for the fulfillment by an economic entity engaged in trading activities of the terms of this contract and (or) its change is not allowed.

7. If an agreement for the supply of food products is concluded between an economic entity engaged in trading activities and an economic entity engaged in the supply of food products with the condition of payment for such goods within a certain time after their transfer to the economic entity engaged in trading activities, the payment period for such goods to be established by this agreement is determined according to the following rules:

1) food products for which the expiration date is set to less than ten days are subject to payment no later than ten working days from the date of acceptance of such goods by the business entity carrying out trading activities;

2) food products for which the expiration date is set from ten to thirty days inclusive, are subject to payment no later than thirty calendar days from the date of acceptance of such goods by the business entity carrying out trading activities;

3) food products with a shelf life of more than thirty days, as well as alcoholic products produced on the territory of the Russian Federation, are subject to payment no later than forty-five calendar days from the date of acceptance of such goods by the business entity carrying out trading activities.

8. Payment for food products within the period established by the rules defined in part 7 of this article is subject to the fulfillment by the economic entity supplying food products of the obligation to transfer documents related to the supply of such goods in accordance with federal laws and other regulatory legal acts of the Russian Federation. Federation and an agreement for the supply of food products.

9. If an economic entity supplying food products does not transfer or refuses to transfer to an economic entity engaged in trading activities, documents that it must transfer in accordance with federal laws, other regulatory legal acts of the Russian Federation and the contract for the supply of food products, the terms for payment for food products established by the rules defined in part 7 of this article are increased for the period of provision of the specified documents by the business entity supplying food products, at the request of the business entity carrying out trading activities.

10. In an agreement for the supply of food products, it is not allowed to establish a ban on changing persons in the obligation under such an agreement by assigning a claim, as well as liability for failure to comply with this prohibition by the parties to such an agreement.

11. Services for advertising food products, marketing and similar services aimed at promoting food products may be provided by an economic entity engaged in trading activities on the basis of contracts for the provision of relevant services for a fee.

12. Inclusion in the contract for the supply of food products of conditions on the performance by an economic entity carrying out trading activities in relation to the supplied food products of certain actions, on the provision of services for advertising goods, marketing and similar services aimed at promoting food products, as well as the conclusion of a contract for the supply of food products goods by forcing them to enter into an agreement for the provision of paid services aimed at promoting food products is not allowed.

Article 10. Features of the placement of non-stationary retail facilities

1. The placement of non-stationary retail facilities on land plots, in buildings, structures, structures that are state-owned or municipally owned is carried out in accordance with the layout of non-stationary retail facilities, taking into account the need to ensure sustainable development of territories and achieve standards for the minimum provision of the population with the area of ​​retail facilities .

2. The procedure for including non-stationary retail facilities located on land plots, buildings, structures, and structures in state ownership in the placement scheme specified in Part 1 of this article is established by the Government of the Russian Federation.

3. The layout of non-stationary retail facilities is developed and approved by the local government body, determined in accordance with the charter of the municipal entity, in the manner established by the authorized executive body of the constituent entity of the Russian Federation.

4. The layout of non-stationary retail facilities should provide for the placement of no less than sixty percent of non-stationary retail facilities used by small or medium-sized businesses engaged in trading activities, of the total number of non-stationary retail facilities.

5. The layout of non-stationary retail facilities and changes made to it are subject to publication in the manner established for the official publication of municipal legal acts, as well as posting on the official websites of the executive authority of the constituent entity of the Russian Federation and local government on the Internet.

6. Approval of the layout of non-stationary retail facilities, as well as the introduction of changes to it, cannot serve as a basis for revising the locations of non-stationary retail facilities, the construction, reconstruction or operation of which began before the approval of the specified scheme.

7. The procedure for placing and using non-stationary retail facilities in a stationary retail facility, in another building, structure, structure or land plot that is privately owned is established by the owner of the stationary retail facility, other building, structure, structure or land plot, taking into account the requirements, determined by the legislation of the Russian Federation.

Article 11. Requirements for organizing fairs and selling goods at them

1. Fairs are organized by state authorities, local governments, legal entities, individual entrepreneurs (hereinafter referred to as the fair organizer). The organization of fairs and the sale of goods at them is carried out in the manner established by the regulatory legal acts of the constituent entities of the Russian Federation in whose territories such fairs are organized. If the organizer of the fair is a federal government body, the procedure for organizing the fair and selling goods at it is established by the organizer of the fair, taking into account the provisions of this article.

2. The organizer of the fair develops and approves an action plan for organizing the fair and selling goods at it, and also determines the operating hours of the fair, the procedure for organizing the fair, and the procedure for providing trading places at the fair.

4. Trade places at the fair are provided legal entities, individual entrepreneurs, as well as citizens (including citizens running peasant (farm) households, personal subsidiary plots or engaged in gardening, vegetable farming, livestock farming).

5. The amount of payment for the provision of equipped trading places at the fair, as well as for the provision of services related to ensuring trade (cleaning the territory, conducting veterinary and sanitary examinations and other services), is determined by the fair organizer, taking into account the need to compensate for the costs of organizing the fair and selling goods on her.

6. Requirements for organizing the sale of goods at fairs (including goods subject to sale at fairs of the relevant types and inclusion in the corresponding list) are established by regulatory legal acts of the constituent entities of the Russian Federation, taking into account the requirements established by the legislation of the Russian Federation on the protection of consumer rights, the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological well-being of the population, the legislation of the Russian Federation on fire safety, legislation in the field of protection environment, and other requirements established by federal laws.

Article 12. Agreements between associations, unions, and other non-profit organizations that unite business entities engaged in trading activities, and associations, unions, and other non-profit organizations that unite business entities that supply goods

1. Associations, unions, and other non-profit organizations that unite business entities engaged in trading activities have the right to enter into agreements with associations, unions, and other non-profit organizations that unite business entities that supply goods, in order to form the principle of good faith when concluding contracts between them and executing them contracts.

2. The agreements specified in part 1 of this article are concluded in accordance with the requirements of the antimonopoly legislation of the Russian Federation.

Chapter 3. Antimonopoly regulation, state control (supervision), municipal control in the field of trading activities

Article 13. Antimonopoly rules for business entities engaged in trading activities and business entities supplying food products

1. Business entities engaged in trading activities for the sale of food products through the organization of a trading network, and business entities supplying food products to retail chains, are prohibited from:

1) create discriminatory conditions, including:

a) create obstacles to access to the product market or exit from the product market of other economic entities;

b) violate the pricing procedure established by regulatory legal acts;

2) impose conditions on the counterparty:

a) on the prohibition on the conclusion by an economic entity of contracts for the supply of food products with other economic entities engaged in similar activities, as well as with other economic entities on similar or different terms;

b) on liability for failure to fulfill the obligation of a business entity to supply food products on terms that are better than the conditions for other business entities carrying out similar activities;

c) on the provision by an economic entity to the counterparty of information about agreements concluded by this economic entity with other economic entities engaged in similar activities;

d) on the payment by an economic entity supplying food products for the right to supply such goods to an economic entity engaged in trading activities through the organization of a trading network, to operating or opening retail facilities;

e) on payment by an economic entity for changing the range of food products;

f) on the reduction by an economic entity supplying food products of their price to a level that, subject to the establishment of a trade markup (margin) to their price, will not exceed the minimum price of such goods when they are sold by economic entities engaged in similar activities;

g) on ​​compensation by an economic entity supplying food products for losses in connection with loss or damage to such goods after the transfer of ownership of such goods, except for cases where the loss or damage occurred through the fault of the economic entity supplying such goods;

h) on reimbursement by an economic entity of costs not related to the execution of the contract for the supply of food products and the subsequent sale of a specific batch of such goods;

i) on the return to the business entity that supplied food products of such goods that were not sold after a certain period, except for cases where the return of such goods is allowed or provided for by the legislation of the Russian Federation;

j) other conditions, if they contain essential features of the conditions provided for in subparagraphs “a” - “i” of this paragraph;

3) carry out wholesale trade using a commission agreement or a mixed agreement containing elements of a commission agreement.

2. An economic entity has the right to provide evidence that its actions (inaction) specified in Part 1 of this article (except for the actions specified in paragraph 2 of Part 1 of this article) can be considered acceptable in accordance with the requirements of Part 1 of Article 13 of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition” (hereinafter referred to as the Federal Law “On the Protection of Competition”).

Article 14. Restriction on the acquisition, lease by business entities engaged in retail trade in food products through the organization of a retail network, additional area of ​​retail facilities

1. An economic entity that carries out retail trade in food products through the organization of a trading network (with the exception of an agricultural consumer cooperative, a consumer cooperation organization) and whose share exceeds twenty-five percent of the volume of all food products sold in monetary terms for the previous financial year within the borders of a constituent entity of the Russian Federation , including within the boundaries of a federal city of Moscow or St. Petersburg, within the boundaries of a municipal district, urban district, does not have the right to acquire or lease within the boundaries of the corresponding administrative-territorial entity additional area of ​​retail facilities for carrying out trading activities on any grounds, including as a result of the commissioning of retail facilities, participation in auctions held for the purpose of their acquisition.

2. A transaction concluded in violation of the requirements provided for in Part 1 of this article is void. The requirement to apply the consequences of the invalidity of such a transaction may be brought to court by any interested party, including the federal executive body exercising the functions of adopting regulations and monitoring compliance with antimonopoly legislation.

Article 15. Antimonopoly requirements for state authorities of the constituent entities of the Russian Federation, local governments in the field of regulation of trade activities

State authorities of the constituent entities of the Russian Federation, local self-government bodies, other bodies or organizations performing the functions of these bodies are prohibited from adopting acts and (or) carrying out actions (inaction) that lead or may lead to the establishment of rules for carrying out trading activities on the commodity market that differ from similar ones rules established by federal laws and other regulatory legal acts of the Russian Federation, in particular it is prohibited:

1) imposing on business entities engaged in trading activities, business entities supplying goods, the obligation to participate in repeated (additional to those carried out in accordance with federal laws) inspection of the quality and safety of goods, in the regional or municipal system of quality of goods, for except in cases where such responsibility is transferred to government bodies of the constituent entities of the Russian Federation, local government bodies in the prescribed manner;

2) forcing business entities engaged in trading activities, business entities supplying goods, to participate in the passage of control and (or) permitting procedures established by regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts in addition to the procedures provided for by federal laws and being conditions organizing and carrying out trading activities on the territory of a constituent entity of the Russian Federation or municipality (certification of retail facilities, accreditation of business entities, certification of goods, compliance of retail facilities with the requirements of the legislation of the Russian Federation);

3) forcing business entities engaged in trading activities, business entities supplying goods, to sell goods at prices determined in the manner established by the executive authorities of the constituent entities of the Russian Federation (except for cases where such bodies are duly vested with the right to carry out state regulation of prices for goods) or local governments;

4) adoption of other normative legal acts, decisions providing for:

a) establishing prohibitions or introducing restrictions regarding the free movement of goods between constituent entities of the Russian Federation, between municipalities within the borders of a constituent entity of the Russian Federation;

b) introducing restrictions on the sale of certain types of goods in the territories of the constituent entities of the Russian Federation, the territories of municipalities within the borders of the constituent entities of the Russian Federation;

c) forcing business entities engaged in trading activities to conclude, as a matter of priority, contracts for the supply of goods with certain business entities engaged in the supply of goods, and business entities engaged in the supply of goods to conclude, as a matter of priority, contracts for the supply of goods with certain business entities engaged in trading activity;

d) establishing for business entities engaged in trading activities restrictions on the choice of business entities that supply goods, and for business entities that supply goods restrictions on the choice of business entities that carry out trading activities;

e) discrimination against business entities engaged in trading activities, business entities supplying goods, in providing access to transport and infrastructure facilities.

Article 16. State control (supervision) over compliance with the requirements of this Federal Law, municipal control in the field of trading activities

1. State control (supervision) over compliance with the requirements of this Federal Law, municipal control in the field of trading activities are carried out in accordance with the legislation of the Russian Federation.

2. State control (supervision) over compliance with antimonopoly rules and requirements provided for in Articles 13 - 15 of this Federal Law is carried out by the federal executive body exercising the functions of adopting regulatory legal acts and monitoring compliance with antimonopoly legislation, and its territorial bodies with the right to issue relevant regulations in the manner and within the powers established by the antimonopoly legislation of the Russian Federation.

3. The federal executive body, which carries out the functions of adopting normative legal acts and monitoring compliance with antimonopoly legislation, and its territorial bodies, when identifying violations of antimonopoly rules and requirements provided for in Articles 13 - 15 of this Federal Law, take measures in accordance with the Federal Law " On the protection of competition."

Chapter 4. Measures to develop trade activities

Article 17. Activities promoting the development of trade activities

1. When determining the main directions of socio-economic development of the respective territories, government bodies of the constituent entities of the Russian Federation provide for measures to promote the development of trade activities, as well as the development and implementation of regional trade development programs.

2. State authorities of the constituent entities of the Russian Federation, within the limits of their competence, carry out, in accordance with the legislation of the Russian Federation, measures that promote the development of trade activities and, in particular, provide for:

1) stimulation of investment projects aimed at the construction of logistics supply centers that receive and store agricultural products, the formation of consignments of goods for shipment to business entities engaged in wholesale and (or) retail trade in food products;

2) support for agricultural consumer cooperatives, consumer cooperation organizations carrying out trade and purchasing activities in rural areas;

3) stimulating the business activity of business entities engaged in trading activities, and ensuring interaction between business entities engaged in trading activities and business entities supplying goods, by organizing and holding exhibitions in the field of trading activities, fairs.

3. Local government bodies, in order to provide residents of the municipality with trade services:

1) provide for the construction and placement of retail facilities in territorial planning documents, land use and development rules;

2) develop and approve layouts for the placement of non-stationary retail facilities, taking into account the standards for the minimum provision of the population with the area of ​​retail facilities;

3) take measures of economic incentives to support the construction, placement of socially oriented trade infrastructure facilities and ensure accessibility of municipally owned property for economic entities engaged in trading activities;

4) conduct an analysis of financial, economic, social and other indicators of the state of trade in the territories of municipalities and analyze the effectiveness of the application of measures to develop trade activities in these territories.

Article 18. Regional and municipal trade development programs

1. To promote the development of trade, executive authorities of the constituent entities of the Russian Federation and local governments can develop, respectively, regional and municipal programs for the development of trade (hereinafter in this article - trade development programs), taking into account the socio-economic, environmental, cultural and other features of the development of the constituent entities of the Russian Federation Federations, municipalities.

2. Trade development programs are developed in the manner established by the laws of the constituent entities of the Russian Federation, taking into account the requirements of this article.

3. Trade development programs define:

1) goals, objectives and expected results of trade development, taking into account the achievement of established standards for the minimum provision of the population with the area of ​​​​trade facilities;

2) measures aimed at achieving the goals of state policy in the field of trade activities, including measures to provide priority support in the development of trade in goods to Russian manufacturers of goods, small and medium-sized businesses, the formation of a competitive environment, and the development of trade in rural areas;

3) the volume and sources of financing for activities promoting the development of trade activities;

4) main indicators of the effectiveness of the implementation of trade development programs;

5) the procedure for organizing the implementation of trade development programs and the procedure for monitoring their implementation.

4. The main indicators of the effectiveness of the implementation of trade development programs are:

1) achieving the established standards for the minimum provision of the population with the area of ​​retail facilities;

2) increasing the availability of goods for the population;

3) the formation of a trade infrastructure, taking into account the types and types of trade facilities, forms and methods of trade, and the needs of the population.

Article 19. Standards for the minimum provision of population with retail space

1. The goal of developing trade activities is to achieve standards for the minimum provision of the population with the area of ​​retail facilities - the main criteria for assessing the availability of food and non-food products for the population and satisfying the demand for such goods.

2. The standards for the minimum provision of the population with the area of ​​retail facilities for the constituent entities of the Russian Federation, including for their constituent municipalities, are developed by the authorized executive authorities of the constituent entities of the Russian Federation in accordance with the methodology for calculating these standards, approved by the Government of the Russian Federation.

3. Standards for the minimum provision of the population with the area of ​​retail facilities are approved as part of the documents defining the directions of socio-economic development of the constituent entities of the Russian Federation, and are taken into account in territorial planning documents, master plans, regional and municipal trade development programs, and layout schemes for non-stationary retail facilities.

4. The approved standards for the minimum provision of the population with the area of ​​retail facilities cannot serve as a basis for revising the placement of stationary retail facilities, non-stationary retail facilities, the construction or reconstruction of which was started or completed before the approval of these standards.

Article 20. Information support in the field of trading activities

1. In order to improve the efficiency of management in the field of trade activities and promote its development, a system of state information support in the field of trade activities is being created.

2. The creation of a system of state information support in the field of trade activities and ensuring its functioning are carried out by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade, in the manner established by the Government of the Russian Federation.

3. Mandatory posting and at least quarterly updates on the official website of the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade, on the Internet information and telecommunications network and on the official websites of authorized public authorities of the constituent entities of the Russian Federation in the information and telecommunications network "Internet" are subject to:

1) information on decisions made by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade, in the field of trading activities;

2) information on the publication of regulatory legal acts regulating relations in the field of trade activities;

3) information on the average price level for certain types of goods;

4) other information determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade.

4. State authorities of the constituent entities of the Russian Federation form trade registers in accordance with the form of the trade register and the procedure for its formation approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade. The Trade Register includes information about business entities engaged in trading activities, business entities supplying goods (with the exception of manufacturers of goods), and the state of trade in the territory of the corresponding constituent entity of the Russian Federation.

5. It is not allowed to establish a fee for entering into trade registers the information specified in part 4 of this article, to condition the receipt on a paid basis of documents confirming the entry of information into trade registers, to provide for the dependence of the performance of certain actions, making decisions in relation to business entities engaged in trading activities , economic entities supplying goods (except for manufacturers of goods), from the presence in trade registers of information about these economic entities and (or) the trading activities carried out by them. Information contained in trade registers is provided individuals, to legal entities free of charge in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade.

6. Quarterly, no later than the twentieth day of the month following the reporting quarter, the authorized government body of the constituent entity of the Russian Federation, which maintains the relevant trade register, submits the summarized information contained in such a trade register to the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade, and the authorized federal executive body that carries out the functions of generating official statistical information.

Chapter 5. Final provisions

Article 21. Responsibility for violation of this Federal Law

Persons guilty of violating this Federal Law bear civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

Article 22. Final provisions

2. The terms of contracts for the supply of food products concluded before the entry into force of this Federal Law must be brought into compliance with the requirements of this Federal Law within one hundred and eighty days from the date of entry into force of this Federal Law.

3. The provisions of Article 14 of this Federal Law do not apply to transactions related to the acquisition, lease or commissioning of retail facilities and completed before the entry into force of this Federal Law.

4. In relation to municipal districts and urban districts, the restriction provided for in Article 14 of this Federal Law applies from July 1, 2010.

President of Russian Federation
D. Medvedev

1. An economic entity carrying out trading activities through the organization of a trading network is obliged to provide the economic entity supplying food products with access to information about the conditions for selecting a counterparty for concluding an agreement for the supply of food products and about the essential terms of such an agreement by posting relevant information on its website in information and telecommunication network "Internet".

2. An economic entity supplying food products is obliged to provide an economic entity engaged in trading activities through the organization of a trading network with access to information about the conditions for selecting a counterparty for concluding an agreement for the supply of food products and about the essential terms of such an agreement, information about the quality and safety of the goods supplied food products by posting relevant information on its website on the Internet information and telecommunications network.

3. The price of a contract for the supply of food products concluded between an economic entity supplying food products and an economic entity engaged in trading activities is determined based on the price of food products established by agreement of the parties to the contract for the supply of food products, taking into account those provided for in parts 4 and 5 of Article 8 of this Federal law provisions.

4. An agreement between the parties to a contract for the supply of food products may provide for the inclusion in its price of remuneration paid to an economic entity engaged in trading activities in connection with its acquisition of a certain quantity of food products from an economic entity engaged in the supply of food products. The amount of the specified remuneration is subject to agreement by the parties to this agreement, inclusion in its price and is not taken into account when determining the price of food products. The total amount of remuneration paid to an economic entity engaged in trading activities in connection with its acquisition from an economic entity supplying food products of a certain quantity of food products, and fees for the provision of services for the promotion of goods, logistics services, preparation, processing, packaging services of these goods and other similar services cannot exceed five percent of the price of purchased food products. When calculating the specified aggregate amount, the amount of value added tax presented by an economic entity supplying food products for payment to an economic entity engaged in trading activities in connection with the acquisition of these goods is not taken into account, and in relation to excisable food products, the amount of excise tax is also not taken into account. calculated in accordance with the legislation of the Russian Federation on taxes and fees.

5. It is not permitted to pay the remuneration specified in Part 4 of this article in connection with the acquisition by an economic entity engaged in trading activities of certain types of socially significant food products specified in the list established by the Government of the Russian Federation.

6. Payment by business entities that supply food products to business entities that carry out trading activities through the organization of a trading network, other types of remuneration not provided for by this Federal Law, or the execution (implementation) of such an agreement in the relevant part is not allowed.

7. If an agreement for the supply of food products is concluded and executed (implemented) between an economic entity engaged in trading activities and an economic entity engaged in supply of food products with the condition of payment for such goods within a certain time after their transfer to the economic entity engaged in trading activities , the payment period for such goods as established by this agreement is determined according to the following rules:

1) food products for which the expiration date is less than ten days are subject to payment no later than eight working days from the date of actual receipt of such goods by the business entity carrying out trading activities;

2) food products for which the expiration date is set from ten to thirty days inclusive, are subject to payment no later than twenty-five calendar days from the date of actual receipt of such goods by the business entity carrying out trading activities;

3) food products with a shelf life of more than thirty days, as well as alcoholic products produced on the territory of the Russian Federation, are subject to payment no later than forty calendar days from the date of actual receipt of such goods by the business entity carrying out trading activities.

8. The time limits established by part 7 of this article are calculated from the date of actual receipt of food products by the business entity carrying out trading activities. No later than three working days from the date of actual receipt of food products, the business entity supplying food products is obliged to transfer documents related to the supply of such goods in accordance with federal laws, other regulatory legal acts of the Russian Federation and the contract for the supply of food products, and the business entity, those carrying out trading activities are obliged to accept them.

9. Lost power. - Federal Law of July 3, 2016 N 273-FZ.

10. In an agreement for the supply of food products, it is not allowed to establish a ban on changing persons in the obligation under such an agreement by assigning a claim, as well as liability for failure to comply with this prohibition by the parties to such an agreement. Execution (implementation) of the specified agreement in the relevant part is not allowed.

11. Services for the promotion of goods, services for the preparation, processing, packaging of these goods, and other similar services may be provided by an economic entity engaged in trading activities on the basis of contracts for the provision of relevant services for a fee.

12. Inclusion by an economic entity engaged in trading activities and (or) an economic entity engaged in the supply of food products in the contract for the supply of food products of conditions on the performance by the economic entity engaged in trading activities in relation to the supplied food products of actions related to the provision of promotion services goods, services for the preparation, processing, packaging of these goods, other similar services, or the execution (implementation) of such an agreement in the relevant part is not allowed. When concluding and (or) executing (implementing) an agreement for the supply of food products, it is prohibited to force the counterparty to enter into an agreement for the provision of paid services (including with third parties) aimed at providing services for the promotion of goods, services for the preparation, processing, packaging of these goods, other similar services, as well as other contracts.

13. Business entities engaged in trading activities for the sale of food products through the organization of a trading network, and business entities supplying food products to retail chains, are prohibited from:

1) charging or paying a fee for the right to supply food products to operating or opening retail facilities;

2) charging or paying a fee for changing the range of food products;

3) reimbursement of expenses in connection with loss or damage to food products after the transfer of ownership of such goods, except for cases where the loss or damage occurred through the fault of the business entity supplying such goods;

4) reimbursement of expenses not related to the execution of the contract for the supply of food products and the subsequent sale of a specific batch of such goods;

5) reimbursement of expenses associated with the disposal or destruction of unsold food products.

14. The requirements established by this article apply to the actions (inaction) of persons included with an economic entity engaged in trading activities or an economic entity supplying food products in the same group of persons in accordance with the Federal Law “On the Protection of Competition”.

Judicial practice under Article 9 of the Federal Law of December 28, 2009 No. 381-FZ

Decision of August 28, 2019 in case No. A32-16828/2019

Arbitration court Krasnodar region(AS of Krasnodar region)

Or signing the documents necessary for the implementation of the Agreement are vested with the appropriate authority to perform these actions. In accordance with clause 3.5 in accordance with clauses 8, 9 of Art. 9 of Federal Law No. 381-FZ of December 28, 2009, by signing the TORG-12 consignment note, the Buyer confirms that the supplier has fulfilled its obligations to transfer to the Buyer documents related to...

Decision of August 8, 2019 in case No. A43-12223/2019

Arbitration Court of the Nizhny Novgorod Region (AC of the Nizhny Novgorod Region)

Federal Law, municipal control in the field of trading activities is carried out in accordance with the legislation of the Russian Federation. State control (supervision) over compliance with the rules and requirements provided for in Articles 9, 13 - 15 of this Federal Law is carried out by the federal executive body exercising the functions of adopting regulatory legal acts and monitoring compliance with antimonopoly legislation, and its territorial bodies...

Resolution of August 6, 2019 in case No. A41-4849/2018

Arbitration Court of the Moscow District (FAS MO)

Gallery Vin LLC was notified of the assignment. Refusing to satisfy the petition, the court of first instance, guided by the provisions of Art. 48 of the Arbitration Procedure Code of the Russian Federation, proceeded from the fact that clause 9. 6 of the supply agreement, the parties agreed on a prohibition regarding the transfer of the right of claim to third parties in the absence of the written consent of the other party. The appellate court, canceling the ruling of the first court...

Decision of July 18, 2019 in case No. A45-23938/2019

Arbitration court Novosibirsk region(AS of the Novosibirsk region)

3 Chapter 30 of the Civil Code of the Russian Federation. Having heard the explanations of the parties, assessed the arguments and procedural behavior of the persons participating in the case, examined the evidence presented, guided by the provisions of Articles 9, 65, 71, 168 of the Arbitration Procedure Code of the Russian Federation, the court believes that the claims are subject to satisfaction in full, while basing your conclusions are as follows. Every face...

Decision of July 9, 2019 in case No. A56-48936/2019

Arbitration Court of St. Petersburg and Leningrad Region (AC of St. Petersburg and Leningrad Region)

Based on this agreement. According to clause 6.2 of the agreement, the parties agreed, based on the average time for the sale of goods, as well as in accordance with clause 7 of Article 9 of the Federal Law on "12/28/2009 N 381-FZ "On the Fundamentals of State Regulation of Trade Activities in the Russian Federation", that the buyer makes payment in the following order: within...

On the basics of state regulation of trade activities in the Russian Federation

Article 7. Participation in the formation and implementation of state policy in the field of trade activities of non-profit organizations uniting business entities engaged in trading activities, and non-profit organizations uniting business entities supplying goods Article 12. Agreements between associations, unions, and other non-profit organizations that unite business entities engaged in trading activities, and associations, unions, and other non-profit organizations that unite business entities that supply goods

Chapter 1. General provisions

1. This Federal Law defines the basis for state regulation of trading activities in the Russian Federation (hereinafter referred to as trading activities).

2. The objectives of this Federal Law are:

1) ensuring the unity of the economic space in the Russian Federation by establishing requirements for the organization and implementation of trading activities;

2) development of trade activities in order to meet the needs of economic sectors for manufactured products, ensure the availability of goods for the population, create a competitive environment, support Russian producers of goods;

3) ensuring compliance with the rights and legitimate interests of legal entities, individual entrepreneurs engaged in trading activities (hereinafter referred to as business entities engaged in trading activities), legal entities, individual entrepreneurs supplying manufactured or purchased goods intended for use in business activities, in including for sale or resale (hereinafter referred to as business entities supplying goods), balancing the economic interests of these business entities, as well as ensuring compliance with the rights and legitimate interests of the population;

4) delimitation of powers between federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies in the field of regulation of trade activities.

3. This Federal Law regulates the relations that arise between state authorities, local government bodies and business entities in connection with the organization and implementation of trading activities, as well as the relations that arise between business entities when they carry out trading activities.

4. The provisions of this Federal Law do not apply to relations related to the organization and implementation of:

1) foreign trade activities;

2) trading on commodity exchanges;

3) activities for the sale of goods in retail markets;

4) purchase and sale of securities, real estate, products for industrial and technical purposes, including electrical energy (power), thermal energy and power, as well as other types of energy resources.

5. Relations arising between business entities when they trade in goods limited in circulation, the procedure and conditions for their sale are regulated by federal laws on the circulation of such goods.

For the purposes of this Federal Law, the following basic concepts are used:

2) wholesale- type of trading activity associated with the acquisition and sale of goods for use in business activities (including for resale) or for other purposes not related to personal, family, household and other similar use;

3) retail- type of trading activity associated with the acquisition and sale of goods for use for personal, family, household and other purposes not related to business activities;

4) shopping facility- a building or part of a building, a structure or part of a structure, a structure or part of a structure, specially equipped with equipment designed and used for displaying, demonstrating goods, servicing customers and conducting cash settlements with customers when selling goods;

5) stationary retail facility- a retail facility, which is a building or part of a building, a structure or part of a structure, firmly connected by the foundation of such a building, the structure to the ground and connected to utility networks;

6) non-stationary retail facility- a retail facility, which is a temporary structure or temporary structure that is not firmly connected to the land plot, regardless of whether it is connected or not connected to utility networks, including a mobile structure;

7) area of ​​the retail facility- a room intended for displaying, demonstrating goods, servicing customers and conducting cash settlements with customers when selling goods, and the passage of customers;

8) commercial network- a collection of two or more retail facilities that are under common management, or a collection of two or more retail facilities that are used under a single commercial designation or other means of individualization;

9) foodstuffs- products in natural or processed form that are in circulation and consumed by humans (including baby food, diet food), bottled drinking water, alcoholic beverages, beer and drinks made on its basis, soft drinks, chewing gum , food additives and dietary supplements.

1. Legal regulation of relations in the field of trading activities is carried out by the Civil Code of the Russian Federation, this Federal Law, Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights”, other federal laws and other regulatory legal acts adopted in accordance with them acts of the Russian Federation, laws of the constituent entities of the Russian Federation, other regulatory legal acts of the constituent entities of the Russian Federation.

2. Relations related to the organization of retail markets, the organization and implementation of activities for the sale of goods in retail markets are regulated by Federal Law of December 30, 2006 N 271-FZ “On retail markets and on amendments to the Labor Code of the Russian Federation.”

3. Local government bodies have the right to issue municipal legal acts on issues related to the creation of conditions for providing residents of the municipality with trade services, in cases and within the limits provided for by this Federal Law, other federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation , laws of the constituent entities of the Russian Federation.

1. State regulation of trade activities is carried out through:

1) establishing requirements for its organization and implementation;

2) antimonopoly regulation in this area;

3) information support in this area;

4) state control (supervision), municipal control in this area.

2. It is not permitted to use methods of state regulation of trade activities not provided for in Part 1 of this article, except in cases established by federal laws.

1. The Government of the Russian Federation, in accordance with this Federal Law, exercises the following powers in the field of state regulation of trade activities:

1) ensuring the implementation of state policy in the field of trade activities;

2) approval of the calculation methodology and procedure for establishing by the constituent entities of the Russian Federation standards for the minimum provision of the population with the area of ​​​​trade facilities;

3) approval of the methodology for calculating the volume of all food products sold within the boundaries of a constituent entity of the Russian Federation, including within the boundaries of the federal city of Moscow or St. Petersburg, within the boundaries of a municipal district, city district in monetary terms for the financial year and determining the share of the volume of all such goods sold an economic entity engaged in retail trade in such goods through the organization of a trading network (with the exception of an agricultural consumer cooperative, consumer cooperation organization), within the boundaries of the corresponding administrative-territorial entity in monetary terms for the financial year;

4) other powers provided for by this Federal Law and other federal laws in the field of state regulation of trading activities.

2. The federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade exercises the following powers:

2) approval of the form of the trade register, which includes information on business entities engaged in trading activities, on business entities supplying goods (except for manufacturers of goods), and on the state of trade on the territory of a constituent entity of the Russian Federation (hereinafter referred to as the trade register), the procedure its formation and the procedure for providing information contained in the trade register;

3) participation, together with the authorized federal executive body carrying out the functions of generating official statistical information, in determining the content of statistical reporting forms used in the field of trading activities, the timing of their submission by business entities engaged in trading activities, business entities supplying goods (for excluding manufacturers of goods);

4) other powers provided for by this Federal Law, other federal laws, decrees of the President of the Russian Federation, and decrees of the Government of the Russian Federation.

1. State authorities of the constituent entities of the Russian Federation in the field of state regulation of trade activities exercise the following powers:

1) implementation of state policy in the field of trade activities on the territory of a constituent entity of the Russian Federation;

2) in accordance with this Federal Law, the development and adoption of laws of the constituent entities of the Russian Federation, other regulatory legal acts of the constituent entities of the Russian Federation in the field of state regulation of trade activities;

3) establishing standards for the minimum provision of the population with the area of ​​retail facilities for a constituent entity of the Russian Federation;

4) conducting information and analytical monitoring of the state of the market for a certain product and the implementation of trading activities on the territory of the corresponding constituent entity of the Russian Federation;

5) development and implementation of measures to promote the development of trade activities on the territory of the relevant constituent entity of the Russian Federation;

6) other powers provided for by this Federal Law.

2. Local government bodies in the field of regulation of trade activities create conditions for providing residents of the municipality with trade services. This authority is exercised by local self-government bodies of intra-city municipalities of federal cities of Moscow and St. Petersburg if the creation of such conditions is defined as a matter of local importance by the laws of these constituent entities of the Russian Federation.

Article 7. Participation in the formation and implementation of state policy in the field of trade activities of non-profit organizations uniting business entities engaged in trading activities, and non-profit organizations uniting business entities supplying goods

1. The federal executive body, exercising the functions of developing state policy and legal regulation in the field of domestic trade, in order to coordinate the socially significant interests of business entities engaged in trading activities, business entities supplying goods, attracts on a voluntary basis non-profit organizations, uniting such economic entities to participate in the formation and implementation of state policy in the field of trade activities.

2. Participation in the formation and implementation of state policy in the field of trade activities of non-profit organizations uniting business entities engaged in trading activities, non-profit organizations uniting business entities supplying goods can be carried out in the following forms:

1) participation in the development of draft regulatory legal acts of the Russian Federation in the field of trade activities, regional and municipal trade development programs;

2) participation in the analysis of financial, economic, social and other indicators of trade development in the territories of the constituent entities of the Russian Federation, municipalities, in assessing the effectiveness of measures to support it, in preparing a forecast for the development of trade in the territories of the constituent entities of the Russian Federation, municipalities;

3) dissemination of Russian and foreign experience in the field of trading activities;

4) providing the necessary information for the formation and implementation of state policy in the field of trade activities;

5) preparation of proposals for improving trade activities for state authorities and local governments;

6) other forms of such participation provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

Chapter 2. Requirements for organizing and carrying out trading activities

Article 8. Rights and obligations of business entities engaged in trading activities, business entities supplying goods, when organizing trading activities and its implementation

1. Trading activities are carried out by business entities provided for by this Federal Law and registered in the manner established by the legislation of the Russian Federation, unless otherwise provided by federal laws.

2. Business entities engaged in trading activities, when organizing trading activities and carrying them out, with the exception of cases established by this Federal Law and other federal laws, independently determine:

1) type of trade (wholesale and (or) retail trade);

2) form of trade (in stationary trade facilities, outside stationary trade facilities, including at fairs, exhibitions, delivery trade, peddling trade, distance selling of goods, sale of goods using vending machines and other forms of trade);

3) method of trade (with the use of retail facilities and (or) without the use of retail facilities);

4) specialization of trade (universal trade and (or) specialized trade);

5) the type of retail facility used for trading activities (stationary retail facility and (or) non-stationary retail facility);

6) the grounds for using property when carrying out trading activities (ownership rights and (or) other legal basis);

7) the procedure and conditions for carrying out trading activities, including:

a) the range of goods sold;

b) operating mode;

c) techniques and methods by which the sale of goods is carried out;

d) quantity, types, models of technological equipment, inventory used in carrying out trading activities;

e) methods of communicating information to buyers about the seller, about the goods offered for sale, about the services provided;

8) prices for goods sold;

10) conditions for concluding contracts for the purchase and sale of goods, contracts for the provision of paid services;

11) other procedures and conditions for carrying out trading activities.

3. The procedure and conditions for carrying out trading activities specified in paragraph 7 of part 2 of this article in relation to state or municipal enterprises and trade establishments are established by decision of the relevant state or municipal bodies.

4. If federal laws provide for state regulation of prices for certain types of goods, trade markups (margins) to prices for them (including the establishment of their maximum (maximum and (or) minimum) levels by government bodies), prices for such goods, trade markups (margins) to their prices are established in accordance with the specified federal laws, as well as regulatory legal acts of these government bodies and (or) regulatory legal acts of local government bodies adopted in accordance with them.

5. If for thirty consecutive calendar days on the territory of a separate constituent entity of the Russian Federation or the territories of constituent entities of the Russian Federation, the increase in retail prices for certain types of socially significant food products of essential necessity amounts to thirty percent or more, the Government of the Russian Federation, in order to stabilize retail prices for for these types of goods has the right to establish maximum permissible retail prices for them on the territory of such a constituent entity of the Russian Federation or the territories of such constituent entities of the Russian Federation for a period of no more than ninety calendar days.

6. The list of certain types of socially significant essential food products and the procedure for establishing maximum permissible retail prices for them are established by the Government of the Russian Federation.

1. An economic entity carrying out trading activities through the organization of a trading network is obliged to provide the economic entity supplying food products with access to information about the conditions for selecting a counterparty for concluding an agreement for the supply of food products and about the essential terms of such an agreement by posting relevant information on its website in information and telecommunications network "Internet" or by providing the requested information free of charge within fourteen days from the date of receipt of the relevant request.

2. An economic entity supplying food products is obliged to provide an economic entity engaged in trading activities through the organization of a trading network with access to information about the conditions for selecting a counterparty for concluding an agreement for the supply of food products and about the essential terms of such an agreement, information about the quality and safety of the goods supplied food products by posting relevant information on its website on the Internet information and telecommunications network or by providing the requested information free of charge within fourteen days from the date of receipt of the relevant request.

3. The price of a contract for the supply of food products concluded between an economic entity supplying food products and an economic entity engaged in trading activities is determined based on the price of food products established by agreement of the parties to the contract for the supply of food products, taking into account those provided for in parts 4 and 5 of this Federal Law provisions.

4. An agreement between the parties to a contract for the supply of food products may provide for the inclusion in its price of remuneration paid to an economic entity engaged in trading activities in connection with its acquisition of a certain quantity of food products from an economic entity engaged in the supply of food products. The amount of the specified remuneration is subject to agreement by the parties to this agreement, inclusion in its price and is not taken into account when determining the price of food products. The amount of remuneration cannot exceed ten percent of the price of purchased food products.

5. It is not permitted to pay the remuneration specified in Part 4 of this article in connection with the acquisition by an economic entity engaged in trading activities of certain types of socially significant food products specified in the list established by the Government of the Russian Federation.

6. The inclusion in the price of a contract for the supply of food products of other types of remuneration for the fulfillment by an economic entity engaged in trading activities of the terms of this contract and (or) its change is not allowed.

7. If an agreement for the supply of food products is concluded between an economic entity engaged in trading activities and an economic entity engaged in the supply of food products with the condition of payment for such goods within a certain time after their transfer to the economic entity engaged in trading activities, the payment period for such goods to be established by this agreement is determined according to the following rules:

1) food products for which the expiration date is set to less than ten days are subject to payment no later than ten working days from the date of acceptance of such goods by the business entity carrying out trading activities;

2) food products for which the expiration date is set from ten to thirty days inclusive, are subject to payment no later than thirty calendar days from the date of acceptance of such goods by the business entity carrying out trading activities;

3) food products with a shelf life of more than thirty days, as well as alcoholic products produced on the territory of the Russian Federation, are subject to payment no later than forty-five calendar days from the date of acceptance of such goods by the business entity carrying out trading activities.

8. Payment for food products within the period established by the rules defined in part 7 of this article is subject to the fulfillment by the economic entity supplying food products of the obligation to transfer documents related to the supply of such goods in accordance with federal laws and other regulatory legal acts of the Russian Federation. Federation and an agreement for the supply of food products.

9. If an economic entity supplying food products does not transfer or refuses to transfer to an economic entity engaged in trading activities, documents that it must transfer in accordance with federal laws, other regulatory legal acts of the Russian Federation and the contract for the supply of food products, the terms for payment for food products established by the rules defined in part 7 of this article are increased for the period of provision of the specified documents by the business entity supplying food products, at the request of the business entity carrying out trading activities.

10. In an agreement for the supply of food products, it is not allowed to establish a ban on changing persons in the obligation under such an agreement by assigning a claim, as well as liability for failure to comply with this prohibition by the parties to such an agreement.

11. Services for advertising food products, marketing and similar services aimed at promoting food products may be provided by an economic entity engaged in trading activities on the basis of contracts for the provision of relevant services for a fee.

12. Inclusion in the contract for the supply of food products of conditions on the performance by an economic entity carrying out trading activities in relation to the supplied food products of certain actions, on the provision of services for advertising goods, marketing and similar services aimed at promoting food products, as well as the conclusion of a contract for the supply of food products goods by forcing them to enter into an agreement for the provision of paid services aimed at promoting food products is not allowed.

1. The placement of non-stationary retail facilities on land plots, in buildings, structures, structures that are state-owned or municipally owned is carried out in accordance with the layout of non-stationary retail facilities, taking into account the need to ensure sustainable development of territories and achieve standards for the minimum provision of the population with the area of ​​retail facilities .

2. The procedure for including non-stationary retail facilities located on land plots, buildings, structures, and structures in state ownership in the placement scheme specified in Part 1 of this article is established by the Government of the Russian Federation.

3. The layout of non-stationary retail facilities is developed and approved by the local government body, determined in accordance with the charter of the municipal entity, in the manner established by the authorized executive body of the constituent entity of the Russian Federation.

4. The layout of non-stationary retail facilities should provide for the placement of no less than sixty percent of non-stationary retail facilities used by small or medium-sized businesses engaged in trading activities, of the total number of non-stationary retail facilities.

5. The layout of non-stationary retail facilities and changes made to it are subject to publication in the manner established for the official publication of municipal legal acts, as well as posting on the official websites of the executive authority of the constituent entity of the Russian Federation and local government on the Internet.

6. Approval of the layout of non-stationary retail facilities, as well as the introduction of changes to it, cannot serve as a basis for revising the locations of non-stationary retail facilities, the construction, reconstruction or operation of which began before the approval of the specified scheme.

7. The procedure for placing and using non-stationary retail facilities in a stationary retail facility, in another building, structure, structure or land plot that is privately owned is established by the owner of the stationary retail facility, other building, structure, structure or land plot, taking into account the requirements, determined by the legislation of the Russian Federation.

Federal Law of December 23, 2010 Article 11 of this Federal Law has been amended

1. Fairs are organized by state authorities, local governments, legal entities, individual entrepreneurs (hereinafter referred to as the fair organizer). Organization of fairs and sales of goodson them is carried out in the manner established by the regulatory legal acts of the constituent entities of the Russian Federation, in the territories of which such fairs are organized. If the organizer of the fair is a federal government body, the procedure for organizing the fair and selling goodsit is established by the organizer of the fair, taking into account the provisions of this article.

2. The fair organizer develops and approves an action plan for organizing the fair and selling goods(performance of work, provision of services)on it, and also determines the operating mode of the fair, the procedure for organizing the fair, the procedure for providing at the fair.

3. The fair organizer publishes in the media and places on its website on the Internet information and telecommunications network information about the plan of events for organizing the fair and selling goods(performance of work, provision of services) on her.

4. Places for selling goods (performing work, providing services)at the fair are provided to legal entities, individual entrepreneurs, as well as citizens (including citizens running peasant (farm) households, personal subsidiary plots or engaged in gardening, horticulture, livestock farming).

5. The amount of payment for the provision of equippedplaces for selling goods (performing work, providing services)at the fair, as well as for the provision of services related to ensuring trade (cleaning the territory, conducting veterinary and sanitary examinations and other services), is determined by the fair organizer, taking into account the need to compensate for the costs of organizing the fair and selling goods(performance of work, provision of services) on her.

6. Requirements for organizing the sale of goods (including goods subject to sale at fairs of the relevant types and inclusion in the corresponding list) and the performance of work and provision of services at fairs are established by regulatory legal acts of the constituent entities of the Russian Federation, taking into account the requirements established by the legislation of the Russian Federation on the protection consumer rights,legislationof the Russian Federation in the field of ensuring the sanitary and epidemiological well-being of the population,legislationRussian Federation on fire safety,legislationin the field of environmental protection, and other requirements established by federal laws.

1. Associations, unions, and other non-profit organizations that unite business entities engaged in trading activities have the right to enter into agreements with associations, unions, and other non-profit organizations that unite business entities that supply goods, in order to form the principle of good faith when concluding contracts between them and executing them contracts.

2. The agreements specified in part 1 of this article are concluded in accordance with the requirements of the antimonopoly legislation of the Russian Federation.

Chapter 3. Antimonopoly regulation, state control (supervision), municipal control in the field of trading activities

Article 13. Antimonopoly rules for business entities engaged in trading activities and business entities supplying food products

1. Business entities engaged in trading activities for the sale of food products through the organization of a trading network, and business entities supplying food products to retail chains, are prohibited from:

1) create discriminatory conditions, including:

a) create obstacles to access to the product market or exit from the product market of other economic entities;

b) violate the pricing procedure established by regulatory legal acts;

2) impose conditions on the counterparty:

a) on the prohibition on the conclusion by an economic entity of contracts for the supply of food products with other economic entities engaged in similar activities, as well as with other economic entities on similar or different terms;

b) on liability for failure to fulfill the obligation of a business entity to supply food products on terms that are better than the conditions for other business entities carrying out similar activities;

c) on the provision by an economic entity to the counterparty of information about agreements concluded by this economic entity with other economic entities engaged in similar activities;

d) on the payment by an economic entity supplying food products for the right to supply such goods to an economic entity engaged in trading activities through the organization of a trading network, to operating or opening retail facilities;

e) on payment by an economic entity for changing the range of food products;

f) on the reduction by an economic entity supplying food products of their price to a level that, subject to the establishment of a trade markup (margin) to their price, will not exceed the minimum price of such goods when they are sold by economic entities engaged in similar activities;

g) on ​​compensation by an economic entity supplying food products for losses in connection with loss or damage to such goods after the transfer of ownership of such goods, except for cases where the loss or damage occurred through the fault of the economic entity supplying such goods;

h) on reimbursement by an economic entity of costs not related to the execution of the contract for the supply of food products and the subsequent sale of a specific batch of such goods;

i) on the return to the business entity that supplied food products of such goods that were not sold after a certain period, except for cases where the return of such goods is allowed or provided for by the legislation of the Russian Federation;

j) other conditions, if they contain essential features of the conditions provided for in subparagraphs “a” - “i” of this paragraph;

3) carry out wholesale trade using a commission agreement or a mixed agreement containing elements of a commission agreement.

2. An economic entity has the right to provide evidence that its actions (inaction) specified in Part 1 of this article (except for the actions specified in paragraph 2 of Part 1 of this article) can be considered acceptable in accordance with the requirements of Part 1 of Article 13 of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition” (hereinafter referred to as the Federal Law “On the Protection of Competition”).

Article 14. Restriction on the acquisition, lease by business entities engaged in retail trade in food products through the organization of a retail network, additional area of ​​retail facilities

1. An economic entity that carries out retail trade in food products through the organization of a trading network (with the exception of an agricultural consumer cooperative, a consumer cooperation organization) and whose share exceeds twenty-five percent of the volume of all food products sold in monetary terms for the previous financial year within the borders of a constituent entity of the Russian Federation , including within the boundaries of a federal city of Moscow or St. Petersburg, within the boundaries of a municipal district, urban district, does not have the right to acquire or lease within the boundaries of the corresponding administrative-territorial entity additional area of ​​retail facilities for carrying out trading activities on any grounds, including as a result of the commissioning of retail facilities, participation in auctions held for the purpose of their acquisition.

2. A transaction concluded in violation of the requirements provided for in Part 1 of this article is void. The requirement to apply the consequences of the invalidity of such a transaction may be brought to court by any interested party, including the federal executive body exercising the functions of adopting regulations and monitoring compliance with antimonopoly legislation.

Article 15. Antimonopoly requirements for state authorities of the constituent entities of the Russian Federation, local governments in the field of regulation of trade activities

State authorities of the constituent entities of the Russian Federation, local self-government bodies, other bodies or organizations performing the functions of these bodies are prohibited from adopting acts and (or) carrying out actions (inaction) that lead or may lead to the establishment of rules for carrying out trading activities on the commodity market that differ from similar ones rules established by federal laws and other regulatory legal acts of the Russian Federation, in particular it is prohibited:

1) imposing on business entities engaged in trading activities, business entities supplying goods, the obligation to participate in repeated (additional to those carried out in accordance with federal laws) inspection of the quality and safety of goods, in the regional or municipal system of quality of goods, for except in cases where such responsibility is transferred to government bodies of the constituent entities of the Russian Federation, local government bodies in the prescribed manner;

2) forcing business entities engaged in trading activities, business entities supplying goods, to participate in the passage of control and (or) permitting procedures established by regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts in addition to the procedures provided for by federal laws and being conditions organizing and carrying out trade activities on the territory of a constituent entity of the Russian Federation or municipality (certification of retail facilities, accreditation of business entities, certification of goods, compliance of retail facilities with the requirements of the legislation of the Russian Federation);

3) forcing business entities engaged in trading activities, business entities supplying goods, to sell goods at prices determined in the manner established by the executive authorities of the constituent entities of the Russian Federation (except for cases where such bodies are duly vested with the right to carry out state regulation of prices for goods) or local governments;

4) adoption of other normative legal acts, decisions providing for:

a) establishing prohibitions or introducing restrictions regarding the free movement of goods between constituent entities of the Russian Federation, between municipalities within the borders of a constituent entity of the Russian Federation;

b) introducing restrictions on the sale of certain types of goods in the territories of the constituent entities of the Russian Federation, the territories of municipalities within the borders of the constituent entities of the Russian Federation;

c) forcing business entities engaged in trading activities to conclude, as a matter of priority, contracts for the supply of goods with certain business entities engaged in the supply of goods, and business entities engaged in the supply of goods to conclude, as a matter of priority, contracts for the supply of goods with certain business entities engaged in trading activity;

d) establishing for business entities engaged in trading activities restrictions on the choice of business entities that supply goods, and for business entities that supply goods restrictions on the choice of business entities that carry out trading activities;

e) discrimination against business entities engaged in trading activities, business entities supplying goods, in providing access to transport and infrastructure facilities.

1. State control (supervision) over compliance with the requirements of this Federal Law, municipal control in the field of trading activities are carried out in accordance with the legislation of the Russian Federation.

2. State control (supervision) over compliance with antimonopoly rules and requirements provided for by this Federal Law is carried out by the federal executive body exercising the functions of adopting regulatory legal acts and monitoring compliance with antimonopoly legislation, and its territorial bodies with the right to issue relevant instructions in in the manner and within the powers established by the antimonopoly legislation of the Russian Federation.

3. The federal executive body exercising the functions of adopting normative legal acts and monitoring compliance with antimonopoly legislation, and its territorial bodies, when identifying violations of antimonopoly rules and requirements provided for in Articles 13-15 of this Federal Law, take measures in accordance with the Federal Law " On the protection of competition."

Chapter 4. Measures to develop trade activities

1. When determining the main directions of socio-economic development of the respective territories, government bodies of the constituent entities of the Russian Federation provide for measures to promote the development of trade activities, as well as the development and implementation of regional trade development programs.

2. State authorities of the constituent entities of the Russian Federation, within the limits of their competence, carry out, in accordance with the legislation of the Russian Federation, measures that promote the development of trade activities and, in particular, provide for:

1) stimulation of investment projects aimed at the construction of logistics supply centers that receive and store agricultural products, the formation of consignments of goods for shipment to business entities engaged in wholesale and (or) retail trade in food products;

2) support for agricultural consumer cooperatives, consumer cooperation organizations carrying out trade and purchasing activities in rural areas;

3) stimulating the business activity of business entities engaged in trading activities, and ensuring interaction between business entities engaged in trading activities and business entities supplying goods, by organizing and holding exhibitions in the field of trading activities, fairs.

3. Local government bodies, in order to provide residents of the municipality with trade services:

1) provide for the construction and placement of retail facilities in territorial planning documents, land use and development rules;

2) develop and approve layouts for the placement of non-stationary retail facilities, taking into account the standards for the minimum provision of the population with the area of ​​retail facilities;

3) take measures of economic incentives to support the construction, placement of socially oriented trade infrastructure facilities and ensure accessibility of municipally owned property for economic entities engaged in trading activities;

4) conduct an analysis of financial, economic, social and other indicators of the state of trade in the territories of municipalities and analyze the effectiveness of the application of measures to develop trade activities in these territories.

1. To promote the development of trade, executive authorities of the constituent entities of the Russian Federation and local governments can develop, respectively, regional and municipal programs for the development of trade (hereinafter in this article - trade development programs), taking into account the socio-economic, environmental, cultural and other features of the development of the constituent entities of the Russian Federation Federations, municipalities.

2. Trade development programs are developed in the manner established by the laws of the constituent entities of the Russian Federation, taking into account the requirements of this article.

3. Trade development programs define:

1) goals, objectives and expected results of trade development, taking into account the achievement of established standards for the minimum provision of the population with the area of ​​​​trade facilities;

2) measures aimed at achieving the goals of state policy in the field of trade activities, including measures to provide priority support in the development of trade in goods to Russian manufacturers of goods, small and medium-sized businesses, the formation of a competitive environment, and the development of trade in rural areas;

3) the volume and sources of financing for activities promoting the development of trade activities;

4) main indicators of the effectiveness of the implementation of trade development programs;

5) the procedure for organizing the implementation of trade development programs and the procedure for monitoring their implementation.

4. The main indicators of the effectiveness of the implementation of trade development programs are:

1) achieving the established standards for the minimum provision of the population with the area of ​​retail facilities;

2) increasing the availability of goods for the population;

3) the formation of a trade infrastructure, taking into account the types and types of trade facilities, forms and methods of trade, and the needs of the population.

1. The goal of developing trade activities is to achieve standards for the minimum provision of the population with the area of ​​retail facilities - the main criteria for assessing the availability of food and non-food products for the population and satisfying the demand for such goods.

2. The standards for the minimum provision of the population with the area of ​​retail facilities for the constituent entities of the Russian Federation, including for their constituent municipalities, are developed by the authorized executive authorities of the constituent entities of the Russian Federation in accordance with the methodology for calculating these standards, approved by the Government of the Russian Federation.

3. Standards for the minimum provision of the population with the area of ​​retail facilities are approved as part of the documents defining the directions of socio-economic development of the constituent entities of the Russian Federation, and are taken into account in territorial planning documents, master plans, regional and municipal trade development programs, and layout schemes for non-stationary retail facilities.

4. The approved standards for the minimum provision of the population with the area of ​​retail facilities cannot serve as a basis for revising the placement of stationary retail facilities, non-stationary retail facilities, the construction or reconstruction of which was started or completed before the approval of these standards.

1. In order to improve the efficiency of management in the field of trade activities and promote its development, a system of state information support in the field of trade activities is being created.

2. The creation of a system of state information support in the field of trade activities and ensuring its functioning are carried out by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade, in the manner established by the Government of the Russian Federation.

3. Mandatory posting and at least quarterly updates on the official website of the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade, on the Internet information and telecommunications network and on the official websites of authorized public authorities of the constituent entities of the Russian Federation in the information and telecommunications network "Internet" are subject to:

1) information on decisions made by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade, in the field of trading activities;

2) information on the publication of regulatory legal acts regulating relations in the field of trade activities;

3) information on the average price level for certain types of goods;

4) other information determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade.

4. State authorities of the constituent entities of the Russian Federation form trade registers in accordance with the form of the trade register and the procedure for its formation approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade. The Trade Register includes information about business entities engaged in trading activities, business entities supplying goods (with the exception of manufacturers of goods), and the state of trade in the territory of the corresponding constituent entity of the Russian Federation.

5. It is not allowed to establish a fee for entering into trade registers the information specified in part 4 of this article, to condition the receipt on a paid basis of documents confirming the entry of information into trade registers, to provide for the dependence of the performance of certain actions, making decisions in relation to business entities engaged in trading activities , economic entities supplying goods (except for manufacturers of goods), from the presence in trade registers of information about these economic entities and (or) the trading activities carried out by them. Information contained in trade registers is provided to individuals and legal entities free of charge in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade.

6. Quarterly, no later than the twentieth day of the month following the reporting quarter, the authorized government body of the constituent entity of the Russian Federation, which maintains the relevant trade register, submits the summarized information contained in such a trade register to the federal executive body exercising the functions of developing state policy and legal regulation in the field of domestic trade, and the authorized federal executive body that carries out the functions of generating official statistical information.

Chapter 5. Final provisions

Persons guilty of violating this Federal Law bear civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation.

2. The terms of contracts for the supply of food products concluded before the entry into force of this Federal Law must be brought into compliance with the requirements of this Federal Law within one hundred and eighty days from the date of entry into force of this Federal Law.

3. The provisions of this Federal Law do not apply to transactions related to the acquisition, lease or commissioning of retail facilities and completed before the date of entry into force of this Federal Law.

4. In relation to municipal districts and urban districts, the restriction provided for in Article 14 of this Federal Law applies from July 1, 2010.

President of the Russian FederationD. Medvedev

Moscow Kremlin