Premises for rent from the administration. Lease of municipal non-residential premises

4) the initial (minimum) price of the contract (price of the lot), indicating, if necessary, the initial (minimum) price of the contract (price of the lot) per unit area of ​​state or municipal property, the rights to which are transferred under the contract, in the amount of a monthly or annual payment for the right to own or use of the said property, in the amount of payment for the right to conclude an agreement for the gratuitous use of the said property, except for holding a tender for the right to conclude a lease agreement in respect of heat supply, water supply and (or) sanitation facilities;

5) the term of the contract;

6) the term, place and procedure for the provision of tender documentation, the electronic address of the website on the Internet where the tender documentation is posted, the amount, procedure and terms for paying the fee charged for the provision of tender documentation, if such a fee is established;

10) an indication that only small and medium-sized businesses that have the right to support from state authorities and local governments in accordance with parts 3 and 5 of article 14 of the Federal Law "On the development of small and medium-sized businesses in the Russian Federation" can be participants in the competition ", or organizations that form the infrastructure to support small and medium-sized businesses, in the event of a tender for property provided for by Law N 209-FZ.

32. The organizer of the competition has the right to make a decision to amend the notice of the competition no later than five days before the deadline for filing applications for participation in the competition. Within one day from the date of adoption of the said decision, such changes are posted by the organizer of the competition or a specialized organization on the official website of the auction. At the same time, the deadline for filing applications for participation in the competition should be extended so that from the date of posting on the official website of the auction of the changes made to the notice of the competition until the deadline for filing applications for participation in the competition, it was at least twenty days.

33. The organizer of the competition has the right to refuse to hold the competition no later than five days before the deadline for submitting applications for participation in the competition. A notice of refusal to hold a tender is posted on the official website of the auction within one day from the date of the decision to refuse to hold a tender. Within two working days from the date of adoption of the said decision, the organizer of the competition opens (if the envelope does not indicate the postal address (for a legal entity) or information about the place of residence (for an individual) of the applicant) envelopes with applications for participation in the competition, access is opened to applications submitted in the form of electronic documents for participation in the competition and sends appropriate notifications to all applicants. If a requirement to make a deposit is established, the organizer of the tender returns the funds paid as a deposit to the applicants within five working days from the date of the decision to refuse to hold the tender.

VII. Tender documentation

35. The tender documentation must contain requirements for the technical condition of the state or municipal property, the rights to which are transferred under the contract, which this property must comply with at the time of the expiration of the contract.

36. The tender documentation may contain requirements for the volume, list, quality and timing of the work to be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for the quality, technical characteristics of goods (works, services), delivery (execution, rendering) of which takes place with the use of such property, the requirements for the description by the participants of the tender of the supplied goods, its functional characteristics (consumer properties), as well as its quantitative and qualitative characteristics, the requirements for the description by the participants of the tender of the work performed, the services provided, their quantitative and quality features.

37. It is not allowed to include in the tender documentation (including in the form of requirements for the volume, list, quality and timing of work to be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for quality, technical characteristics , goods (works, services), the supply (performance, rendering) of which takes place using such property) requirements for the tender participant (including requirements for the qualification of the tender participant, including the presence of work experience of the tender participant), as well as requirements for its business reputation, requirements that the participant of the tender has production facilities, technological equipment, labor, financial and other resources.

38. When developing tender documentation, it is prohibited to include in one lot technologically and functionally unrelated state or municipal property, in particular, the inclusion in one lot of state or municipal property intended for power supply, heat supply, gas supply, as well as water supply and sanitation.

39. The period indicated in the tender documentation for which contracts are concluded in respect of property provided for by the Law

40. Competitive documentation, in addition to the information and data contained in the notice of the tender, must contain:

4) the procedure for transferring rights to property created by a tender participant as part of the execution of an agreement concluded as a result of the tender and intended for the supply of goods (performance of work, provision of services), the supply (performance, provision) of which takes place using the property, the rights to which are transferred under an agreement, if the creation and transfer of such property are provided for by the agreement;

5) the procedure, place, start date, date and time of the deadline for filing applications for participation in the competition. In this case, the start date of the deadline for filing applications for participation in the tender is the day following the day of posting the notice of the tender on the official website of the auction. The date and time of the deadline for filing applications for participation in the competition is set in accordance with paragraph 62 of these Rules;

Information about changes:

10) criteria for evaluating applications for participation in the tender, established in accordance with paragraphs 77, 77.1 of these Rules;

12) the requirement to make a deposit, the amount of the deposit, the term and procedure for making the deposit, the details of the account for transferring the deposit in the event that the organizer of the competition establishes a requirement for the need to make a deposit. At the same time, if the organizer of the tender establishes a requirement to make a deposit, and the applicant submits an application for participation in the tender in accordance with the requirements of the tender documentation, the agreement on the deposit between the organizer of the tender and the applicant is considered to be made in writing. Establishing a requirement for the mandatory conclusion of a deposit agreement between the organizer of the tender and the applicant is not allowed;

13) the amount of security for the performance of the contract, the term and procedure for its provision if the organizer of the tender has established a requirement to secure the performance of the contract. The size of the security for the performance of the contract is established by the organizer of the competition. At the same time, the requirement to ensure the performance of the contract during the tender in relation to the property provided for by the Law

14) the period during which the draft contract must be signed, which is at least ten days from the date of posting on the official website of the auction the protocol for evaluating and comparing bids for participation in the competition or the protocol for considering applications for participation in the competition if the competition is declared invalid by the reason for the submission of a single application for participation in the competition or the recognition of only one applicant as a participant in the competition;

15) the date, time, schedule for the inspection of the property, the rights to which are transferred under the contract. Inspection is provided by the organizer of the competition or a specialized organization free of charge. Such an inspection is carried out at least every five working days from the date of placement of the notice of the tender on the official website of the auction, but no later than two working days before the date of opening the envelopes with applications for participation in the tender;

16) an indication that when concluding and executing the contract, changing the terms of the contract specified in paragraph 98 of these Rules, by agreement of the parties and unilaterally, is not allowed;

Information about changes:

2) an offer on the contract price, except for holding a tender for the right to conclude a lease agreement in respect of heat supply, water supply and (or) sanitation facilities;

3) proposals on the conditions for the execution of the contract, which are the criteria for evaluating applications for participation in the tender. In the cases provided for by the tender documentation, also copies of documents confirming the compliance of goods (works, services) with the established requirements, if such requirements are established by the legislation of the Russian Federation;

53. It is not allowed to demand anything else from applicants, with the exception of documents and information provided for by parts "a" - "c", "e" - "g" of subparagraph 1, subparagraphs 2-4 of paragraph 52 of these Rules. It is not allowed to require the applicant to provide original documents.

54. Upon receipt of an application for participation in the competition, filed in the form of an electronic document, the organizer of the competition or a specialized organization must confirm in writing or in the form of an electronic document its receipt within one working day from the date of receipt of such an application.

57. Applicants, the organizer of the competition, the competition commission, a specialized organization are obliged to ensure the confidentiality of the information contained in the applications for participation in the competition until the envelopes with applications for participation in the competition are opened and access to applications submitted in the form of electronic documents for participation in the competition is opened. Persons storing envelopes with applications for participation in the competition and applications for participation in the competition submitted in the form of electronic documents are not entitled to damage such envelopes and applications until they are opened in accordance with paragraphs 61-69 of these Rules.

58. The applicant has the right to change or withdraw the application for participation in the competition at any time until the tender commission opens the envelopes with applications for participation in the competition and opens access to applications submitted in the form of electronic documents for participation in the competition. If the tender documentation established the requirement to make a deposit, the tender organizer is obliged to return the deposit to the applicant who withdrew the application for participation in the tender within five working days from the date of receipt by the tender organizer of the notice of withdrawal of the application for participation in the tender.

59. Each envelope with an application for participation in the competition and each application submitted in the form of an electronic document for participation in the competition, received within the time period specified in the competition documentation, are registered by the organizer of the competition or a specialized organization. At the same time, the refusal to accept and register the envelope with the application for participation in the tender, which does not contain information about the applicant who submitted such an envelope, as well as the requirement to provide such information, including in the form of documents confirming the authority of the person who submitted the envelope with the application to participate in the competition, to carry out such actions on behalf of the applicant, is not allowed. At the request of the applicant, the organizer of the competition or a specialized organization issues a receipt for the receipt of an envelope with such an application, indicating the date and time of its receipt.

60. In the event that at the end of the deadline for submitting applications for participation in the competition, only one application for participation in the competition has been submitted or no application for participation in the competition has been submitted, the competition shall be declared invalid. If the tender documentation provides for two or more lots, the tender shall be declared invalid only in respect of those lots for which only one bid has been submitted or no bid has been submitted.

XI. The procedure for opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition

61. On the day, time and place specified in the notice of the competition, the Competition Commission shall publicly open the envelopes with applications for participation in the competition and open access to applications submitted in the form of electronic documents for participation in the competition. The opening of envelopes with applications for participation in the competition and the opening of access to applications submitted in the form of electronic documents for participation in the competition are carried out simultaneously.

62. On the day of opening the envelopes with applications for participation in the tender immediately before opening the envelopes with applications for participation in the competition or in the case of a tender for several lots, before opening the envelopes with applications for participation in the competition for each lot, but not earlier than the time specified in the notice of the competition, the competition commission is obliged to announce to the persons present at the opening of the envelopes with applications for participation in the competition about the possibility to submit applications for participation in the competition, to change or withdraw the submitted applications for participation in the competition before opening the envelopes with applications for participation in the competition.

63. The tender commission shall open the envelopes with applications for participation in the competition, which were received by the organizer of the competition or a specialized organization before opening the envelopes with applications for participation in the competition. If it is established that one applicant has submitted two or more bids for participation in the tender in respect of the same lot, provided that the bids submitted earlier by this applicant have not been withdrawn, all bids for participation in the competition of such an applicant filed in respect of this lot shall not considered and returned to such applicant.

65. When opening envelopes with applications for participation in the competition, the name (for a legal entity), last name, first name, patronymic (for an individual) and the postal address of each applicant, the envelope with the application for participation in the competition of which is opened or access to the application for participation in the competition submitted in the form of an electronic document is opened, the availability of information and documents provided for by the competition documentation, the conditions for the execution of the contract specified in such an application and being a criterion for evaluating applications for participation in the competition. If at the end of the deadline for filing applications for participation in the competition, only one application has been submitted or not a single application has been submitted, information on the recognition of the competition as invalid shall be entered in the specified protocol.

67. The protocol of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition is kept by the competition commission and signed by all present members of the commission immediately after opening the envelopes. The specified protocol is posted by the organizer of the competition or a specialized organization on the official website of the auction during the day following the day of its signing.

68. The competition commission is obliged to make an audio or video recording of the opening of envelopes with applications for participation in the competition. Any applicant present at the opening of envelopes with applications for participation in the competition has the right to make an audio and/or video recording of the opening of envelopes with applications for participation in the competition.

69. Envelopes with applications for participation in the competition received after the deadline for submitting applications for participation in the competition are opened (if the envelope does not indicate the postal address (for a legal entity) or information about the place of residence (for an individual) of the applicant), access to the applications submitted in the form of electronic documents for participation in the competition is opened, and on the same day such envelopes and such applications are returned to the applicants. If a requirement to make a deposit has been established, the organizer of the tender is obliged to return the deposit to the indicated applicants within five working days from the date of signing the protocol for opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition.

XII. The procedure for considering applications for participation in the competition

72. Based on the results of consideration of applications for participation in the competition, the competition commission makes a decision on the admission of the applicant to participate in the competition and on the recognition of the applicant as a participant in the competition or on the refusal to admit the applicant to participate in the competition in the manner and on the grounds provided for in paragraphs 24-26 of these of the Rules, which is drawn up by the protocol of consideration of applications for participation in the competition. The protocol is kept by the tender committee and signed by all members of the tender committee present at the meeting on the day of the end of consideration of applications. The protocol must contain information about the applicants, the decision to admit the applicant to participate in the competition and to recognize him as a participant in the competition or to refuse admission of the applicant to participate in the competition with the rationale for such a decision and indicating the provisions of these Rules that the applicant does not comply with, the provisions of the competition documentation , which does not comply with his application for participation in the competition, the provisions of such an application that do not meet the requirements of the competition documentation. On the day of the end of consideration of applications for participation in the competition, the specified protocol is posted by the organizer of the competition or a specialized organization on the official website of the auction. Applicants are sent notifications of the decisions made by the tender commission no later than the day following the day of signing the said protocol.

73. If the tender documentation established the requirement to make a deposit, the tender organizer is obliged to return the deposit to the applicant not admitted to participate in the tender within five working days from the date of signing the protocol for consideration of applications.

74. If a decision is made to refuse admission to participation in the competition of all applicants or to admit to participation in the competition and recognize only one applicant as a participant in the competition, the competition shall be declared invalid. If the tender documentation provides for two or more lots, the tender shall be declared invalid only in respect of the lot, the decision to refuse admission to participation in which was made with respect to all applicants, or the decision on admission to participation in which and recognition as a participant in the tender was made with respect to only one applicant. At the same time, the organizer of the tender, if the tender documentation established the requirement to make a deposit, is obliged to return the deposit to the applicants who submitted applications for participation in the tender, within five working days from the date the tender was declared invalid, with the exception of the applicant recognized as a participant in the tender.

XIII. Evaluation and comparison of applications for participation in the competition

75. The competition commission evaluates and compares applications for participation in the competition submitted by applicants recognized as participants in the competition. The period for evaluating and comparing such applications cannot exceed ten days from the date of signing the protocol for consideration of applications.

77. To determine the best conditions for the execution of the contract proposed in the bids for participation in the competition, these bids are evaluated and compared at the price of the contract (with the exception of the provision by business incubators of state or municipal property for rent (sublease) to small and medium-sized businesses, as well as objects of heat supply, water supply and (or) sanitation) and other criteria specified in the tender documentation. At the same time, the criteria for evaluating bids for participation in the tender, in addition to the price of the contract, can be:

1) the terms of reconstruction (stages of reconstruction) of the object of the contract, if such reconstruction is provided for in the tender documentation, including the period from the date of signing the contract to the date of putting the object of the contract into operation with characteristics corresponding to the technical and economic indicators established by the contract;

2) technical and economic indicators of the object of the contract at the end of the contract;

3) the volume of production of goods (performance of work, provision of services) using property, the rights to which are transferred under the contract;

4) the period from the date of signing the contract until the day when the production of goods (performance of work, provision of services) using property, the rights to which are transferred under the contract, will be carried out in the amount established by the contract;

5) prices for goods (works, services) produced (performed, rendered) using property, the rights to which are transferred under the contract;

6) a qualitative description of the architectural, functional-technological, constructive or engineering solution to ensure the reconstruction of the object of the contract and the qualifications of the tender participant. The specified criterion can be used only if the terms of the contract provide for the obligation of the tender participant to prepare design documentation for the reconstruction of the object of the contract or the obligation of the tender participant to create, as part of the execution of the contract, property intended for the supply of goods, performance of work, provision of services, supply, performance, the provision of which occurs with the use of property, the rights to which are transferred under the contract;

7) when business incubators provide state or municipal property for rent (sublease) to small and medium-sized businesses, as well as heat supply, water supply and (or) sanitation facilities, only the following criteria for evaluating applications for participation in the tender are used in aggregate:

a) the quality of the description of the advantages of a product or service in comparison with existing analogues (competitors);

b) the quality of elaboration of marketing, operational and financial strategies for the development of a small business entity;

c) projected changes in financial results and the number of jobs of a small business entity;

d) the payback period of the project.

At the same time, the coefficient taking into account the significance of each of these competition criteria is 0.25.

Information about changes:

106. The auction organizer has the right to make a decision to amend the notice of the auction no later than five days before the deadline for filing applications for participation in the auction. Within one day from the date of adoption of the said decision, such changes are posted by the organizer of the auction, a specialized organization on the official website of the auction. At the same time, the deadline for filing applications for participation in the auction should be extended so that from the date of posting on the official website of the auction of the changes made to the notice of the auction until the deadline for submitting applications for participation in the auction, it was at least fifteen days.

107. The auction organizer has the right to refuse to hold an auction no later than five days before the deadline for submitting applications for participation in the auction. Notice of refusal to hold an auction is posted on the official website of the auction within one day from the date of the decision to refuse to hold an auction. Within two working days from the date of adoption of the said decision, the auction organizer sends appropriate notifications to all applicants. If a requirement to make a deposit is established, the organizer of the auction returns the deposit to the applicants within five working days from the date of the decision to refuse to hold the auction.

XVII. Auction documentation

108. Auction documentation is developed by the auction organizer, a specialized organization and approved by the auction organizer.

109. The auction documentation must contain requirements for the technical condition of the state or municipal property, the rights to which are transferred under the contract, which this property must comply with at the time of the expiration of the contract.

110. The auction documentation may contain requirements for the volume, list, quality and timing of the work to be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for the quality, technical characteristics of goods (works, services) , the supply (performance, provision) of which takes place using such property, the requirements for the description by the participants of the auction of the goods supplied, its functional characteristics (consumer properties), as well as its quantitative and qualitative characteristics, the requirements for the description by the participants of the auction of the work performed, the services provided, their quantitative and qualitative characteristics.

111. It is not allowed to include in the auction documentation (including in the form of requirements for the volume, list, quality and timing of work to be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for quality, technical characteristics, goods (works, services), the supply (performance, rendering) of which takes place using such property) requirements for the auction participant (including requirements for the qualification of the auction participant, including the experience of the auction participant), as well as requirements for its business reputation, requirements that the participant of the auction has production capacities, technological equipment, labor, financial and other resources.

112. When developing auction documentation, it is prohibited to include in one lot technologically and functionally unrelated state or municipal property, in particular, the inclusion in one lot of state or municipal property intended for power supply, heat supply, gas supply, as well as water supply and sanitation.

113. The period specified in the auction documentation for which contracts are concluded in respect of property provided for by Law N 209-FZ must be at least five years. The maximum period for the provision by business incubators of state or municipal property on lease (sublease) to small and medium-sized businesses should not exceed three years.

114. Documentation about the auction, in addition to the information and data contained in the notice of the auction, must contain:

1) in accordance with paragraphs 120 - 122 of these Rules, the requirements for the content, composition and form of an application for participation in the auction, including an application submitted in the form of an electronic document, and instructions for filling it out;

2) the form, terms and procedure for payment under the contract;

3) the procedure for revising the price of the contract (price of the lot) upwards, as well as an indication that the price of the concluded contract cannot be revised downwards by the parties;

4) the procedure for the transfer of rights to property created by the auction participant as part of the execution of an agreement concluded as a result of the auction and intended for the supply of goods (performance of work, provision of services), the supply (performance, provision) of which takes place using the property, the rights to which are transferred under an agreement, if the creation and transfer of such property are provided for by the agreement;

5) the procedure, place, start date and date and time of the end of the period for filing applications for participation in the auction. In this case, the start date of the deadline for filing applications for participation in the auction is the day following the day of posting the notice of the auction on the official website of the auction. The date and time of the deadline for submitting applications for participation in the auction are set in accordance with paragraph 103 of these Rules;

7) the procedure and term for withdrawing applications for participation in the auction. At the same time, the period for withdrawing applications for participation in the auction is established in accordance with paragraph 128 of these Rules;

8) the forms, procedure, start and end dates for providing the auction participants with explanations of the provisions of the auction documentation in accordance with paragraph 118 of these Rules;

9) the amount of increase in the initial price of the contract ("auction step");

10) place, date and time of the beginning of consideration of applications for participation in the auction;

11) place, date and time of the auction;

12) the requirement to make a deposit, the amount of the deposit, the term and procedure for making the deposit, the details of the account for transferring the deposit if the organizer of the auction establishes a requirement for the need to make a deposit. In this case, if the auction organizer establishes a requirement to make a deposit, and the applicant submits an application for participation in the auction in accordance with the requirements of the auction documentation, the agreement on the deposit between the auction organizer and the applicant is considered to be made in writing. Establishing a requirement for the mandatory conclusion of a deposit agreement between the organizer of the auction and the applicant is not allowed;

13) the amount of security for the performance of the contract, the term and procedure for its provision if the organizer of the auction has established a requirement to secure the performance of the contract. The size of the security for the performance of the contract is established by the organizer of the auction. At the same time, the requirement to secure the performance of an agreement during an auction in respect of property provided for by Law N 209-FZ is not established;

14) the period during which the draft agreement must be signed, which is at least ten days from the date of placement on the official website of the auction of the protocol of the auction or the protocol of consideration of applications for participation in the auction if the auction is declared invalid due to the filing of a single application for participation in the auction. auction or recognition of only one applicant as a participant in the auction;

15) the date, time, schedule for the inspection of the property, the rights to which are transferred under the contract. Inspection is provided by the organizer of the auction or a specialized organization free of charge. Such an inspection is carried out at least every five business days from the date of placement of the notice of the auction on the official website of the auction, but no later than two business days before the deadline for submitting applications for participation in the auction;

16) an indication that, when concluding and executing the contract, changing the terms of the contract specified in the auction documentation by agreement of the parties and unilaterally is not allowed;

17) an indication that the conditions of the auction, the procedure and conditions for concluding an agreement with an auction participant are the terms of a public offer, and filing an application for participation in an auction is an acceptance of such an offer;

Information about changes:

By order of the FAS Russia dated October 20, 2011 N 732, paragraph 114 of this appendix was supplemented with subparagraph 18

18) a copy of a document confirming the consent of the owner of the property (and in the case of a sublease agreement, also of the lessor) to grant the relevant rights under the agreement, the right to conclude which is the subject of bidding;

Information about changes:

By order of the FAS Russia dated October 20, 2011 N 732, paragraph 114 of this appendix was supplemented with subparagraph 19

19) a copy of the document confirming the consent of the owner of the property (lessor) to provide the person with whom the contract is concluded with the relevant rights to third parties, or an indication that the transfer of the relevant rights to third parties is not allowed.

115. The auction documentation must be accompanied by a draft contract (in the case of an auction for several lots, a draft contract for each lot), which is an integral part of the auction documentation.

116. The information contained in the auction documentation must correspond to the information specified in the notice of the auction.

118. Explanation of the provisions of the auction documentation is carried out in accordance with paragraphs 47 - 48 of these Rules.

119. The auction organizer, on its own initiative or in accordance with the request of an interested person, has the right to decide on making changes to the auction documentation no later than five days before the deadline for submitting applications for participation in the auction. Changing the subject of the auction is not allowed. Within one day from the date of adoption of the said decision, such changes are placed by the organizer of the auction or a specialized organization in the manner prescribed for posting a notice of the auction on the official website of the auction. Within two working days from the date of adoption of the said decision, such changes shall be sent by registered mail or in the form of electronic documents to all applicants who have been provided with the auction documentation. At the same time, the deadline for filing applications for participation in the auction must be extended so that from the date of posting on the official website of the auction of changes made to the auction documentation until the deadline for submitting applications for participation in the auction, it was at least fifteen days.

b) an extract from the Unified State Register of Legal Entities or a notarized copy of such an extract (for legal entities) received not earlier than six months before the date of placement on the official website of the auction notice of the auction, received not earlier than six months before the date of placement on on the official website of the auction notification of the auction an extract from the unified state register of individual entrepreneurs or a notarized copy of such an extract (for individual entrepreneurs), copies of identity documents (for other individuals), a properly certified translation into Russian of documents on state registration of a legal persons or an individual as an individual entrepreneur in accordance with the legislation of the relevant state (for foreign persons), received no earlier than six months before the date of placement on the official website of the auction notice of the auction;

c) a document confirming the authority of the person to act on behalf of the applicant - a legal entity (a copy of the decision on the appointment or election or the order to appoint an individual to a position, according to which such an individual has the right to act on behalf of the applicant without a power of attorney (hereinafter - head).If another person acts on behalf of the applicant, the application for participation in the tender must also contain a power of attorney to act on behalf of the applicant, certified by the seal of the applicant (if there is a seal) and signed by the head of the applicant (for legal entities) or authorized by this by the head of the person, or a notarized copy of such a power of attorney.If the specified power of attorney is signed by a person authorized by the head of the applicant, the application for participation in the auction must also contain a document confirming the authority of such a person;

d) copies of the constituent documents of the applicant (for legal entities);

e) a decision to approve or conclude a major transaction, or a copy of such a decision, if the requirement that such a decision is necessary for the conclusion of a major transaction is established by the legislation of the Russian Federation, the constituent documents of a legal entity, and if the applicant concludes an agreement, pays a deposit or secures the execution of an agreement are a big deal;

f) a statement about the absence of a decision on the liquidation of the applicant - a legal entity, about the absence of a decision of the arbitration court on declaring the applicant - a legal entity, an individual entrepreneur bankrupt and on the opening of bankruptcy proceedings, on the absence of a decision to suspend the activities of the applicant in the manner prescribed by the Code of the Russian Federation on administrative offenses;

Information about changes:

By order of the FAS Russia dated October 20, 2011 N 732, subparagraph 1 of paragraph 121 of this appendix was supplemented with subparagraph "g"

g) when holding an auction in accordance with Decree N 333, a document containing information about the share of the Russian Federation, a constituent entity of the Russian Federation or a municipality in the authorized capital of a legal entity (a register of shareholders or an extract from it or certified by the seal of the legal entity (if there is a seal) and a letter signed by his supervisor);

2) proposals on the conditions for the performance of work that must be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as on the quality, quantitative, technical characteristics of goods (works, services), the supply (performance, provision) of which takes place with use of such property. In cases stipulated by the auction documentation, also copies of documents confirming the compliance of goods (works, services) with the established requirements, if such requirements are established by the legislation of the Russian Federation;

3) documents or copies of documents confirming the deposit, if the auction documentation contains a request for the deposit (payment order confirming the transfer of the deposit).

122. It is not allowed to demand anything else from the applicant, with the exception of the documents and information provided for in paragraph 121 of these Rules.

123. Upon receipt of an application for participation in an auction submitted in the form of an electronic document, the organizer of the auction, a specialized organization must confirm in writing or in the form of an electronic document its receipt within one working day from the date of receipt of such an application.

124. The applicant has the right to submit only one application for each subject of the auction (lot).

125. Acceptance of bids for participation in the auction is terminated on the day of consideration of bids for participation in the auction specified in the notice of the auction, immediately before the start of consideration of bids.

126. Each application for participation in the auction, received within the period specified in the notice of the auction, is registered by the organizer of the auction or a specialized organization. At the request of the applicant, the organizer of the auction or a specialized organization shall issue a receipt of receipt of such an application, indicating the date and time of its receipt.

127. Applications received after the deadline for accepting applications for participation in the auction are not considered and are returned to the relevant applicants on the same day. If a requirement to make a deposit has been established, the auction organizer is obliged to return the deposit to the indicated applicants within five working days from the date of signing the auction protocol.

128. The applicant has the right to withdraw the application at any time before the established date and time for the start of consideration of applications for participation in the auction. If a requirement to make a deposit has been established, the auction organizer is obliged to return the deposit to the specified applicant within five working days from the date the auction organizer receives a notice of withdrawal of the application for participation in the auction.

129. If at the end of the period for submitting applications for participation in the auction only one application is submitted or not a single application is submitted, the auction is recognized as failed. If the auction documentation provides for two or more lots, the auction shall be declared invalid only in respect of those lots for which only one bid has been submitted or no bid has been submitted.

XIX. The order of consideration of applications for participation in the auction

130. The auction commission considers applications for participation in the auction for compliance with the requirements established by the auction documentation, and the applicants' compliance with the requirements established by paragraph 18 of these Rules.

131. The term for consideration of applications for participation in the auction cannot exceed ten days from the date of the deadline for submission of applications.

132. If it is established that one applicant submitted two or more bids for participation in the auction in respect of the same lot, provided that the bids submitted earlier by such an applicant are not withdrawn, all bids for participation in the auction of such an applicant filed in respect of this lot are not considered and returned to such applicant.

133. Based on the results of consideration of applications for participation in the auction by the auction commission, a decision is made on the admission to participation in the auction of the applicant and on the recognition of the applicant as a participant in the auction or on the refusal to admit such an applicant to participate in the auction in the manner and on the grounds provided for in paragraphs 24-26 of these Rules, which is drawn up in the minutes of consideration of applications for participation in the auction. The protocol is kept by the auction commission and signed by all members of the auction commission present at the meeting on the day of the end of consideration of applications. The protocol must contain information about the applicants, the decision to admit the applicant to participate in the auction and recognize him as an auction participant or to refuse admission to participate in the auction with the rationale for such a decision and indicating the provisions of these Rules that the applicant does not comply with, the provisions of the auction documentation, which his application for participation in the auction does not comply with, the provisions of such an application that do not comply with the requirements of the auction documentation. On the day of the end of the consideration of applications for participation in the auction, the specified protocol is posted by the organizer of the auction or a specialized organization on the official website of the auction. Applicants are sent notifications of the decisions taken by the auction commission no later than the day following the day of signing the said protocol. If at the end of the deadline for filing applications for participation in the auction, only one application has been submitted or not a single application has been submitted, information on the recognition of the auction as invalid shall be entered into the specified protocol.

134. If the auction documentation established the requirement to make a deposit, the auction organizer is obliged to return the deposit to the applicant not admitted to participate in the auction within five working days from the date of signing the protocol for consideration of applications.

135. If a decision is made to refuse admission to participation in the auction of all applicants or to recognize only one applicant as a participant in the auction, the auction is declared invalid. If the auction documentation provides for two or more lots, the auction is recognized as failed only in respect of the lot, the decision to refuse admission to participation in which was made with respect to all applicants, or the decision on admission to participation in which and recognition as an auction participant was made with respect to only one applicant.

XX. Auction procedure

136. Only applicants recognized as participants in the auction can participate in the auction. The organizer of the auction is obliged to provide the participants of the auction with the opportunity to take part in the auction directly or through their representatives.

137. The auction is held by the auction organizer in the presence of members of the auction commission and auction participants (their representatives).

138. The auction is held by increasing the initial (minimum) contract price (lot price) specified in the notice of the auction by an "auction step".

139. "Auction step" is set at five percent of the initial (minimum) price of the contract (price of the lot) specified in the notice of the auction. If, after the last bid for the contract price has been announced three times, none of the auction participants has declared its intention to offer a higher contract price, the auctioneer is obliged to reduce the “auction step” by 0.5 percent of the initial (minimum) contract price (lot price), but not less than 0.5 percent of the initial (minimum) contract price (lot price).

140. The auctioneer is selected from among the members of the auction commission by open voting of the members of the auction commission by a majority of votes.

141. The auction is held in the following order:

1) the auction commission, immediately before the start of the auction, registers the participants in the auction (their representatives) who have come to the auction. In the case of an auction for several lots, the auction commission, before the start of each lot, registers the participants in the auction who have come to the auction and submitted bids for such a lot (their representatives). When registering, auction participants (their representatives) are given numbered cards (hereinafter referred to as cards);

2) the auction begins with the announcement by the auctioneer of the beginning of the auction (lot), the lot number (in the case of an auction for several lots), the subject of the contract, the initial (minimum) price of the contract (lot), the "auction step", after which the auctioneer offers auction participants make their proposals on the price of the contract;

3) the auction participant, after the auctioneer announces the initial (minimum) contract price (lot price) and the contract price increased in accordance with the “auction step” in the manner prescribed by paragraph 139 of these Rules, raises the card if he agrees to conclude the contract at the announced price ;

4) the auctioneer announces the card number of the auction participant who was the first to raise the card after the auctioneer announced the initial (minimum) contract price (lot price) and the contract price increased in accordance with the "auction step", as well as the new contract price increased in accordance with " auction step" in the manner prescribed by paragraph 139 of these Rules, and "auction step", in accordance with which the price rises;

5) if, after the auctioneer announced the price of the contract three times, no auction participant raised the card, the auction participant who duly performed his obligations under the previously concluded agreement in relation to the property, the rights to which are transferred under the agreement, and who notified the auction organizer in writing of the desire to conclude the agreement ( hereinafter referred to as the current copyright holder), has the right to declare his desire to conclude an agreement at the price of the agreement announced by the auctioneer;

6) if the current right holder has exercised the right provided for in subparagraph 5 of paragraph 141 of these Rules, the auctioneer again invites the auction participants to submit their proposals for the price of the contract, after which, if such proposals were made and after the auctioneer announced the price of the contract three times, none of the auction participants raised the card, the current copyright holder has the right to re-declare his desire to conclude an agreement at the price of the agreement announced by the auctioneer;

7) the auction is considered completed if, after the auctioneer announces the last contract price offer three times or after the current right holder declares his desire to conclude the contract at the contract price announced by the auctioneer, no participant in the auction raises his card. In this case, the auctioneer announces the end of the auction (lot), the last and penultimate contract price bids, the card number and the name of the auction winner and the auction participant who made the penultimate contract price bid.

142. The winner of the auction is the person who offered the highest contract price, or the current right holder, if he declared his desire to conclude the contract at the highest contract price announced by the auctioneer. When holding auctions in accordance with Decree N 333, the winner is the person who offered the highest contract price.

143. When holding an auction, the auction organizer must make an audio or video recording of the auction and keep the protocol of the auction, which should contain information about the place, date and time of the auction, about the participants in the auction, about the initial (minimum) price of the contract (price of the lot) , the last and penultimate offers on the contract price, name and location (for a legal entity), last name, first name, patronymic, place of residence (for an individual) of the winner of the auction and the participant who made the penultimate offer on the price of the contract. The protocol is signed by all members of the auction commission present on the day of the auction. The protocol is drawn up in two copies, one of which remains with the organizer of the auction. The auction organizer, within three working days from the date of signing the protocol, transfers to the winner of the auction one copy of the protocol and the draft contract, which is drawn up by including the contract price proposed by the auction winner in the draft contract attached to the auction documentation.

144. The protocol of the auction is posted on the official website of the auction by the organizer of the auction or a specialized organization during the day following the day of signing the said protocol.

145. Any auction participant has the right to make audio and/or video recording of the auction.

146. Any participant in the auction, after posting the protocol of the auction, has the right to send to the organizer of the auction in writing, including in the form of an electronic document, a request for clarification of the results of the auction. The auction organizer, within two working days from the date of receipt of such a request, is obliged to provide such an auction participant with the relevant explanations in writing or in the form of an electronic document.

147. If a requirement to make a deposit has been established, the auction organizer, within five working days from the date of signing the protocol of the auction, is obliged to return the deposit to the auction participants who participated in the auction, but did not become winners, with the exception of the auction participant who made the penultimate offer for contract price. The deposit paid by the auction participant who made the penultimate contract price offer shall be returned to such auction participant within five working days from the date of signing the agreement with the auction winner or with such auction participant. If one bidder is both the winner of the auction and the bidder who made the penultimate offer on the price of the contract, if the specified bidder evades the conclusion of the contract as the winner of the auction, the deposit made by such a bidder shall not be returned.

148. In the event that one participant participated in the auction, or if, due to the absence of proposals on the contract price, providing for a higher contract price than the initial (minimum) contract price (lot price), the “auction step” is reduced in accordance with paragraph 139 of these Rules to the minimum amount and after the three-fold announcement of a proposal for the initial (minimum) price of the contract (price of the lot), not a single offer for the price of the contract was received, which would provide for a higher price of the contract, the auction is declared invalid. If the auction documentation provides for two or more lots, the decision to declare the auction invalid is made in respect of each lot separately.

149. Minutes drawn up during the auction, applications for participation in the auction, auction documentation, changes made to the auction documentation, and explanations of the auction documentation, as well as an audio or video recording of the auction, are kept by the auction organizer for at least three years.

XXI. Conclusion of the contract based on the results of the auction

150. The conclusion of the contract based on the results of the auction is carried out in the manner prescribed by paragraphs 92 - 100 of these Rules.

XXII. Consequences of declaring an auction invalid

151. If the auction is declared invalid due to the submission of a single application for participation in the auction or recognition of only one applicant as a participant in the auction, with the person who submitted the only application for participation in the auction, if the specified application meets the requirements and conditions provided for by the documentation on auction, as well as with a person recognized as the sole participant in the auction, the auction organizer is obliged to conclude an agreement on the terms and at the price provided for in the application for participation in the auction and the auction documentation, but at a price not less than the initial (minimum) price of the agreement (lot), specified in the notice of the auction.

Any business is aimed at making a profit, and the first rule of making a profit is to minimize the costs of the organization. The rent and maintenance of non-residential premises is often one of the main cost items of an enterprise, and for small and medium-sized businesses in the city of Moscow, the amount of rent is sometimes a matter of survival. Renting non-residential premises from the city is the best way to reduce costs in such cases.

The help of specialists of the law firm "Mosty" in concluding a lease agreement from the city is in great demand among small and medium-sized enterprises. Our specialists help to understand all the conditions of the auction and, at the request of the client, provide legal support for the entire process. The result of such joint activities is the successful signing of a lease agreement with you from the Moscow Property Department.

What are the advantages of renting from the city

It so happened that rent from the city for entrepreneurs is both attractive and inaccessible. The absence of specialized lawyers in the staff who are able to understand all the intricacies, the deliberate bureaucratization of processes, the difficulty of gaining access to electronic auctions - all these are artificial barriers that hide the main advantage of such a lease - a low rental rate and price of an object. The difference between the commercial and city rent for the premises sometimes differs by 4-5 times.

Prices

In addition to low cost, renting premises near the city of Moscow has a number of other advantages:

• the possibility of buying out the premises after 2 years (special condition, must be specified in the contract);
• stable rental rate for the entire term of the contract (10 years), the prospect of long-term use of the premises;
• long-term contract with the state;
• guaranteed advantage in the subsequent extension of the contract.

The only disadvantage of renting premises from the city is the inability to sublease them. However, this inconvenience is offset by the possibility of assigning lease rights to real estate in accordance with the civil code on favorable terms.

Who can rent premises from the Moscow Property Department

Both legal entities and individuals can conclude lease agreements with the city. Organizations of any organizational and legal forms participate in the auction on an equal basis with individual entrepreneurs and citizens. The difference lies in the package of documents that must be collected and submitted to participate in the auction for the selected premises. Naturally, the list for individuals is much smaller than for LLCs.

Bridges specialists have extensive experience in preparing tender documentation. Due to the specifics of our activities, we monitor all changes in federal and city legislation in this area. Our assistance in preparing documents for bidding allows us to reduce the time by more than half and eliminate errors that can lead to rejection. In addition, we will advise you on the best way to submit documents and, if necessary, re-register the contract from an individual to a legal entity.

How to rent non-residential premises profitably

In order to profitably conclude a lease agreement for the premises of the city of Moscow from the Department of City Property, it is necessary to successfully go through several stages.

1. On the official website of the auction, select the premises that correspond to the intended purpose of your business.
2. Obtain permission to inspect it and study all the tender documentation in relation to it (bidding rules and terms of the lease agreement).
3. Issue an EDS, and with its help get accreditation on the electronic trading platform.
4. Apply for participation in the auction and take part in the auction in relation to the selected premises.
5. At the end of the auction, sign all the necessary protocols, a lease agreement and an act of acceptance and transfer of the premises.
6. Register the lease agreement with the state bodies of Rosreestr.
7. Perform other necessary actions after the conclusion of the contract (for example, calculate and pay VAT, if necessary).

After the successful completion of all these stages, you will receive a lease agreement for state or municipal property for a period of 10 years on very favorable terms. In addition, if necessary, you can buy premises from the city of Moscow without an auction and raising rates, which is an undoubted advantage.

Nuances of participation in tenders for the lease of state property

To participate in the auction, a deposit must be made to a special account. If you do not become the winner of the auction, the deposit is returned within 10 days. In case of your victory and subsequent refusal to conclude a lease agreement, the deposit remains with the organizer of the auction. That is why it is important to review the lease agreement with the city before deciding to participate.

When submitting an auction bid, pay attention to the category of persons with whom a lease agreement may subsequently be concluded, and to information about the purpose of the non-residential premises. These two conditions significantly affect the number of bidders. From the practice of employees of the law firm "Mosty", the most demanded premises are "free appointment" on the first floors of residential buildings in the city.

If there is no economic benefit from doing business, the tenant has the right to issue a termination of the lease agreement with the Moscow Property Department. The standard condition for termination is notice to the landlord at least 3 months before the expected end of the contract. It is better to find out about the existence of penalties for early termination even before the conclusion of the lease agreement.

IMPORTANT! If only one participant bids for the lease of premises at the auction, the lease agreement is concluded with him on the originally declared conditions.

Our advantages

No advance payment

Compliance with the law

Team of licensed professionals

Individual approach

Democratic prices

Why you need a lawyer

If you decide to participate in an auction for renting premises near the city, you need to enlist the support of professional lawyers specializing in renting non-residential premises from the Moscow Property Department. Bridges Law Firm offers comprehensive support for bidding and the subsequent conclusion of a lease agreement. To minimize costs, you can use individual services of the company, for example, to study the terms of a future contract or prepare the necessary documentation.

Cooperating with our company, you can significantly save time on preparing, collecting documents and obtaining an EDS. In addition, we will translate the future lease agreement from a legal language into Russian, which will allow you to assess all the risks in its execution in advance, as well as to understand how the proposed terms suit your business.

Our specialists in the shortest possible time will issue the state registration of the long-term lease agreement and make sure that all the conditions specified in the agreement are observed strictly and in a timely manner by the property department. From the practice of the Mosty company, filing a complaint about the inaction of property department employees is sometimes the only effective way to speed up the process of concluding a profitable lease agreement after winning the auction.

Each individual entrepreneur of a small (medium) business has the opportunity to conclude a contractual agreement with the municipal body of the Russian Federation for the lease of premises. The leasing of municipal property, state property for rent differs in some features. A number of restrictions apply to such a lease.

The conclusion of an agreement can be made in accordance with the Federal Law () in two ways:

• based on the results of bidding for the right to draw up a lease agreement for municipal property assets;
• without bidding.

What types of property, the leasing of which is not allowed by a state institution or is limited, the features of the procedure for concluding a lease agreement on municipal property (state property) are explained by the notice of the Federal Antimonopoly Service No. CA / 16309/14.

In this article

Rules, exceptions

The rules for drawing up contractual agreements for the lease of state property are established by Federal Law No. 135 (Article No. 17/1). According to this provision, autonomous municipal organizations, state institutions have the right to lease real estate, which they have as operational management, only on the basis of the results of auctions for the right to sign lease agreements of this type. At the same time, Federal Law No. 135 (Article No. 17/1) provides for exceptions that simultaneously apply to ACs.

Without auctions, municipal organizations can be rented out real estate in the following situations:

• the agreement is concluded for a period of less than 30 days of the calendar during the last 6 months of the calendar;
• another municipal organization, a state institution, a non-profit structure (also socially oriented), a medical institution, a structure engaged in activities in the field of education apply for signing a lease agreement;
• the transferable immovable property subject to taxation is considered to be part of an area of ​​less than 20 m 2 , and the person transferring the relevant immovable assets has the rights to 10 percent of the area of ​​this building (premises);
• the contractual agreement is signed with the person who is the only one who submitted the application for competitive participation, for the auction (in this case, if this person meets the established standards), which is the only participant in the auction.

The obligation to sign a lease agreement before an autonomous state organization arises only in the extreme of the listed cases (agreement with the only participant in an organized auction, tender). In other situations, when the lease of property is provided without auctions, the right holder is not required to sign a contractual agreement, the applicant does not have the right to put forward claims for such areas.

The organization of an auction for the lease of real estate is allowed in relation to contenders-beneficiaries. If there are more than one such entities per immovable state object, then the autonomous state institution has the right to refuse to rent real estate on preferential terms and organizes auctions between them. This, in the opinion of the antimonopoly organization, is not a violation of the interests of applicants in this category.

But caution when deciding to organize auctions for the lease of property values ​​of the AC, assigned to them as operational management, must be shown as the owners of this property. When agreeing to rent out housing, a certain area of ​​​​the organization, the founder must be guided by the requirements of Federal Law No. 135/2.

Signing contractual agreements for the lease of state property without organizing auctions

The law provides for several exceptions when an autonomous state institution has the right to lease space without auctions.

Tenant - educational, medical institution

What exactly is meant by educational, medical organizations (budgetary institutions) is indicated in the explanations of the FAS (Chapter 5-6). In this situation, it is necessary to be guided by the provisions of the legislation of industry activities.

According to the Federal Law (Article No. 2/11), medical institutions include legal entities, regardless of the organizational and legal form used, whose business is primarily related to the field of medicine, with the appropriate license. Also, individual entrepreneurs (IEs) whose activities are related to medicine are considered medical organizations.

A short-term lease agreement for real estate, signed not as a result of auctions, for a new period is not extended without bidding. In this case, the established norm applies, which limits the period of validity of this agreement for the lease of premises.

Educational (budgetary) institutions - structures whose main activities are related to the field of education, as well as institutions directly involved in training. According to Federal Law No. 273 (), such organizations additionally include individual entrepreneurs engaged in educational activities.

Bottom line: legal entities, individual entrepreneurs whose main activity is related to the field of education or medicine, but with the appropriate licenses, have the opportunity to rent the area of ​​​​an immovable object of an autonomous municipal organization (state institution) without participating in auctions.

Short term rental

According to Federal Law No. 135 (Article No. 17.1/11/1), municipal organizations and state institutions are allowed to lease immovable objects for a short period without organizing tenders or auctions. At the same time, it is prohibited to provide such a service to one person for more than 30 days of the calendar, for 6 consecutive months without organizing tenders, competitions.

But according to the Russian State Code (Article No. 610/3), an agreement on the lease of municipal property (state property) signed for a period exceeding the maximum possible period determined by the current legislation is considered to be issued for a deadline.

This means that lease agreements for property values ​​assigned to the municipality (Russian state) and signed for a short period without an auction are not extended (FZ No. 135 (Article No. 17.1/9), Civil Code ()). A similar position is in the Clarifications of the FAS (Chapter 10).

Rent of a part of the area of ​​the premises

It has already been noted earlier that it is possible to lease part of the area of ​​a building (apartment) without a preliminary auction, but subject to the following requirements:

• the leased area must not exceed 20 m 2 and 10 percent of the area of ​​the property to which it refers.

• when establishing such a share, it is not necessary to take into account the area of ​​​​an immovable object, the right to use, the possession of which was transferred before the entry into force of Federal Law No. 135 (Article No. 17.1), based on other exceptions determined by Federal Law No. 135 (Article No. 17.1), based on trades.

Tenant - contractor of the institution

It is necessary to separately note such an exception to the rules for renting municipal real estate (state property), which does not apply to ACs (at least to autonomous state institutions that make purchases relying on Federal Law No. 223). In this case, this refers to the signing without bidding of a lease agreement with a person who has concluded a contract with a municipal (state) organization based on the results of an auction (on a competitive basis) organized in accordance with Federal Law No. 44. At the same time, the rights granted were provided for by documented auctions (competition) in order to fulfill the obligations of this contract (FZ No. 135, Article No. 17.1/10/1).

According to the FAS Clarifications (Chapter 9), civil law agreements drawn up within the framework of Federal Law No. 223 are not considered municipal (state) contracts. In this regard, the provisions of Federal Law No. 135 (Article No. 17.1/1/10) do not apply to such cases. That is, when an autonomous state institution, referring to the norms of Federal Law No. 223, incurred expenses for the purchase of certain works or services, the execution or provision of which requires the obligatory presence of a contractor on the premises of the organization (for example, a theater purchased repair services, sewing stage costumes), to lease the corresponding areas are possible only at organized auctions.

Important! In such situations, as described above, the purchase of services, the auction for the right to draw up a lease agreement are two independent processes.

Prolongation of the contract

The current lease agreements for municipal real estate (state property), property values ​​transferred to the state body for operational management in accordance with Federal Law No. 135 (Article No. 17.1 / 9-11) are subject to extension. In the event that an individual has properly performed his own obligations under this agreement, a contract is signed for a new period without organizing an auction (unless otherwise provided by the contractual agreement and the period of validity of such a contract is not limited by the provisions of the current Russian legislation).

In this situation, two mandatory conditions must be met:

• the minimum period for reissuing a lease agreement must be at least 3 years (a shorter period is possible, but only when the tenant writes a corresponding application);
• the amount of the fee, on the basis of which income for the rental of premises is recorded, is determined based on the results of real estate appraisal in accordance with market prices.

If all the conditions are met, the lessor, represented by an autonomous state institution, in accordance with Federal Law No. 135 (Article No. 17.1/10), does not have the right to refuse to prolong the contractual agreement to the tenant.

Refusal is possible if the individual has debts at the time of the completion of the lease contract or if there is a decision to dispose of the relevant property in another manner.

Based on this, the antimonopoly organization made the following conclusions:

• T Since it is possible for a tenant not to grant an extension of the lease agreement based on a new decision on the disposal of real estate, the landlord needs to obtain consent from the owner of the relevant property to renegotiate the lease contract.
• Posting the renewal of a lease agreement in accordance with Federal Law No. 135 (Article No. 17.1/9) can be performed an unlimited number of times according to similar grounds. At the same time, it is important to comply with the requirements for each new prolongation of the document.

Sublease

According to Federal Law No. 135 (Article No. 17.1/1/16), it is possible to sublease municipal property (state property) without an auction in such cases:

• the right to sign a lease agreement is granted to the tenant on the basis of a municipal (state) agreement;
• the state institution concluded a lease contract following the results of the auction, on the basis of the failed auction.

Subject to these requirements, real estate of any area can be subleased (FZ No. 135 does not provide for any restrictions in this regard). In the opposite situation, the relevant areas are provided for sublease on the general basis determined by Federal Law No. 135 (Article No. 17.1) with the organization of an auction, without it, but with other exceptions.

On December 4, a training seminar for businesses in commercial real estate "TECHNOLOGIES FOR ANALYSIS and DEVELOPMENT of real estate: geomarketing, brokerage and effective investments in street-retail" will be held
Effective analysis of the current situation and development of the right strategy for the development of commercial real estate!
Prerequisites for learning:
You understand that the percentage of found properties is much less than the percentage of those sold. You want to know how real estate is assessed and managed within the network Retail. How to become the most efficient broker by using area search tools and spending less time working in the "fields". How to learn to refuse illiquid objects in favor of top objects. You are a beginner in the field of commercial real estate, then in one day you will receive working algorithms for evaluating and searching for top properties, with 100% implementation. In this seminar you will learn:
The specifics of the commercial real estate market and how it can help in the development of a retail company. What is the right "investment in the streets": how to analyze and select premises for stores with a payback of 8-9 years. Geomarketing on the example of your city using a city map. What is zonal search and how retailers use it, what are “focal points” or “top location”. How to analyze cannibalization, coverage areas, consumer flows, traffic. Features of work with land plots for commercial real estate. You can get a free consultation on your project. Recommended:
Owners of real estate agencies and consulting in the field of commercial real estate. Professionals involved in working with commercial real estate in the retail business. Brokers with experience and beginners. And also to EVERYBODY for their own development in the direction of geomarketing and real estate brokerage.
Program:
1. The specifics of the commercial real estate market in Russia (distinctive features of the development of various Retail in Russia)
2. Criteria for finding objects (What is a concept? Why is it important?)
3. Working with a map of the city on paper (Determining the structure of the city on the map. Zoning (basic principles of zonal search). Identification of low competitive and highly competitive zones and making a decision on a new opening or rotation in highly competitive zones. What is the market capacity, how use the capacity of the market when identifying key locations on the map Coverage areas and cannibalization: a) in what situations is it possible to offer the opening of a “door to door”, both of two different formats, and of the same network format; b) options for constructing a graph of the dependence of the percentage of cannibalization on distance.)
4. Geomarketing (Working with the program "IS Organica". Analytics of marketing data on objects. Which objects are for which group of goods)
5. How to invest in a street-retail object correctly.
6. Land plots for a commercial facility.
7. Discussion of the found objects (discussion, using theory). Consulting. Second day.
8. Recording of Olga Abramchuk's master class from the 1st International Conference: Real Estate Challenge of the Present.
Workshop author
CHERNYAVSKAYA MARINA Moscow (October 15, 1981) Russian business coach and business consultant in the field of commercial real estate consulting. Author of trainings in the field of real estate, personal growth, negotiations. Founder of the GART Company (2017). Two higher educations: town-planning and psychological. She has led projects in the development of Retail since 2004, in such companies as Castorama, Auchan, Decathlon, Moscow Jewelery Factory, Rigla Pharmacy Chain. As a brokerage project manager, she opened MEGA-Omsk together with the Retail Profile Company. She was engaged in the development of retail in more than 30 cities of Russia. Found and signed more than 20 projects.

Invited speaker at the All-Russian Forum of Purchasing Directors VPROC2019 and the All-Russian Housing Forum in Sochi. Zhilforum
Author of articles in the Media publishing house MarketMedia.ru
The main clients today are: Rigla pharmacy network, Protek group of companies, Genetic Success-England; Laztekhnologii - Moscow; Soyuz Jewelry - Omsk; Institute of Real Estate - St. Petersburg, media portal MarketMedia.ru - St. Petersburg, Group of Companies "Tries Personal" - g. Omsk, State Institute of Medicines under the Ministry of the Russian Federation - Moscow, Real Estate Agency "ITAKA" - St. Petersburg.
Basic biographical data and achievements.
2003 - Graduated from the Omsk State Agrarian University. Obtaining a specialty in the field of urban planning and urban cadastre.
2004 - Development Director of the Pyaterochka supermarket chain in Omsk. Found and launched 21+ stores. A strategy for the development of this network in the region has been developed.
2005 - opened her own company in the field of commercial real estate and land registration. The company operated successfully until the 2008 crisis. During the existence of transactions were carried out from 20 million rubles +
2009 - together with the American Company Retail Profile Russia and Ikea Moss launched a large-scale project for the opening of the MEGA Omsk shopping center. She was engaged in brokerage and consulting of island trade. More than 15 retail outlets have been opened, 30+ lease agreements have been signed, both with local and federal tenants.
2012 - at the invitation of the French company Decathlon, she moved to Moscow as a territorial development manager. Areas of responsibility for development: Moscow, Moscow Region. 3+ projects have been implemented.
2013 - Castorama Company. Head of territorial network development projects. Development cities: St. Petersburg, Orenburg, Perm, Samara, Saratov, Kirov, Rostov-on-Don. Collection of marketing information about possible locations for the Company.
2015 - Project work with companies such as the Moscow Jewelry Factory, the Verny supermarket chain, DIY hypermarkets Maksidom.
2016 - Beginning of cooperation with the Auchan Company, as a project manager for the development of a new hypermarket of the network - "Nasha Raduga". Found 22+ land plots, signed 3+ lease agreements. Also this year, Marina makes a cardinal decision to change the scope of her professional activity and begins her studies at the Moscow Institute of Psychoanalysis.
End of 2017 - Founding of the GART Company. Reads trainings in the field of real estate and business psychology in Moscow, St. Petersburg and other cities of Russia www.psychology.gart.moscow; writes his own column in the media publishing house MarketMedia.ru (https://marketmedia.ru/media-content/seti-ukhodyat-lyudi-ostayutsya/); conducts private consultations; develops a project in the field of short-term business projects www.gart.moscow; writes the book "From A to Z. Development of network retail"; takes part, as an invited expert, trainer in All-Russian forums, round tables, conferences; maintains his blog on social networks Facebook, https://www.facebook.com/moscow.gart/ Instagram
Contacts: 8 963 994 99 58, [email protected]
The cost of the course is 6,000 rubles.
Members of the Guild of Moscow - 15% DISCOUNT. Use PROMO CODE to get discount. Book a ticket to the seminar!