ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 10, 2007 No. 148

About approval of Rules of issue of permissions to the right of the organization of the retail market

According to the Federal Law "About the Retail Markets and about Introduction of Amendments to the Labor Code of the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of issue of permissions to the right of the organization of the retail market.

2. This resolution becomes effective since April 11, 2007.

Approved by the Order of the Government of the Russian Federation of March 10, 2007 No. 148

Rules of issue of permissions to the right of the organization of the retail market

1. These rules establish procedure for issue to legal entities of permissions to the right of the organization of the retail market (daleerazresheniye).

2. Permission is issued for the term which is not exceeding 5 years.

If the object or real estate objects located in the territory within which it is supposed to organize the retail market belong to the legal entity on the lease right, effective period of permission cannot exceed effective period of the relevant agreement (agreements) of lease.

3. For receipt of permission the legal entity (further - the applicant) directs or represents to relevant organ of local self-government in the territory of which the organization of the retail market is supposed (further - authorized body), the application signed by person representing the interests of the legal entity according to constituent documents of this legal entity or the power of attorney, and certified by seal the legal entity (in the presence of seal) on behalf of which the application is submitted.

According to article 5 of the Federal law "About the Retail Markets and Introduction of Amendments to the Labor Code of the Russian Federation" (further - the Federal Law) shall be specified in the statement:

complete and (if is available) reduced names (including trade name), form of business of the legal entity, the place of its stay, the location of object or the real estate objects located in the territory within which it is supposed to organize the retail market, the state registration number of record about creation of the legal entity and data of the document confirming the fact of entering of information about the legal entity into the Unified State Register of Legal Entities;

identification taxpayer number and data of the document on statement of the legal entity on accounting in tax authority;

type of the market which is supposed to be organized.

Are enclosed to the specified application:

copies of constituent documents (originals of constituent documents if fidelity of copies is not certified notarially);

the extract from the Unified State Register of Legal Entities or its notarially certified copy;

the paragraph the ninth ceased to be valid according to the Order of the Government of the Russian Federation of 07.06.2012 No. 570;

notarially certified copy of the document confirming the right to object or the real estate objects located in the territory within which it is supposed to organize the market.

The documents specified in paragraph seven of this Item are represented by the applicant independently. The documents specified in paragraphs eight and the tenth this Item are requested by the authorized body performing in state bodies, local government bodies and the organizations subordinated to state bodies or local government bodies at which disposal the specified documents are if they were not provided by the applicant independently.

The authorized body has no right to demand from the applicant of submission of other documents.

In day of receipt of the statement and the documents attached to it the authorized body performs correctness of filling of the statement and availability of the documents attached to it, registers them and during the working day following behind day of receipt of documents hands (sends) to the applicant the notification on reception of an application to consideration.

If the specified application is issued not according to requirements of these rules, and as a part of the documents attached to it there are no necessary documents, to the applicant is handed the notification on need of elimination of violations for execution of the statement and (or) submission of missing documents (goes).

If the specified application is issued not according to requirements of these rules, and in appendix to it there are no documents specified in paragraph seven of this Item, to the applicant is handed the notification on need of elimination of violations for execution of the statement and (or) submission of the missing document (goes).

4. In case of consideration of the application about issue of permission the authorized body performs completeness and reliability of the information about the applicant containing in the documents provided according to Item 3 of these rules.

5. The authorized body makes the decision on issue of permission or on refusal in issue of permission in time, not exceeding 30 calendar days from the date of receipt of the statement. The made decision is drawn up by the relevant act of authorized body.

In time no later than 3 days from the date of adoption of the specified decision the authorized body hands (sends) to the applicant the notification on issue of permission with appendix of the drawn-up permission, and in case of refusal in issue of permission - the notification on refusal in issue of permission in which reasons for the reasons of such refusal are given.

Forms specified permissions and notifications affirm executive body of the subject of the Russian Federation in the territory of which the organization of the retail market is supposed.

The duplicate and copies of permission are provided by authorized body to the legal entity who got permission is free within 3 working days according to the written application of the legal entity.

6. According to article 7 of the Federal Law to the applicant it can be refused provision of permission on the following bases:

1) lack of the right to object or the real estate objects located within the territory in which it is supposed to organize the retail market according to the plan approved by executive body of the subject of the Russian Federation providing the organization of the retail markets in the territory of the subject of the Russian Federation;

2) discrepancy of the location of object or the real estate objects belonging to the applicant and also like the market which is supposed to be organized, to the specified plan;

3) filing of application about issue of permission with violation of the established requirements and (or) provision of the documents enclosed to the application, containing false information.

7. Adoption by authorized body of the decision on issue of permission (refusal in issue of permission), renewal, suspension, renewal, prolongation of term of its action and cancellation is performed according to the procedure, established by the Federal Law.

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