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Federal Law No. 271-FZ of the Russian Federation of December 30, 2006 "Concerning Retail Markets and Concerning the Introduction of Amendments to the Labour Code of the Russian Federation"

Adopted by the State Duma on December 22, 2006
Approved by the Federation Council on December 27, 2006
Published in Rossiiskaya Gazeta on January 10, 2007

CHAPTER 1. GENERAL PROVISIONS
Article 1 Subject of Regulation of This Federal Law
Article 2 Legal Regulation of Relations Associated With the Organization of Retail Markets and the Organization and Conduct of Activities Involving the Sale of Goods (Performance of Work, Rendering of Services) at Retail Markets
Article 3 Basic Concepts Used in This Federal Law
CHAPTER 2. ORGANIZATION OF A MARKET
Article 4 Procedure for the Organization of a Market
Article 5 Permit to Organize a Market
Article 6 Adoption of a Decision to Grant a Permit
Article 7 Refusal to Grant a Permit
Article 8 Procedure for the Issue of a Permit
Article 9 Extension and Suspension of the Validity of a Permit, Re-Issue and Annulment of a Permit
Article 10 Register of Markets
CHAPTER 3. CONSTRUCTION, FITTING OUT AND MAINTENANCE OF A MARKET
Article 11 Requirements Relating to the Design, Redesign and Construction of a Market and the Reconstruction and Modernization of Buildings, Structures and Installations and of Spaces Within Them
Article 12 Requirements Relating to the Fitting Out of a Market
Article 13 Requirements Relating to the Maintenance of a Market
CHAPTER 4. ORGANIZATION OF ACTIVITIES INVOLVING THE SALE OF GOODS (PERFORMANCE OF WORK, RENDERING OF SERVICES) AT A MARKET
Article 14 Requirements Relating to the Organization of Activities Involving the Sale of Goods (Performance of Work, Rendering of Services) at a Market
Article 15 Arrangement and Procedure for the Provision of Trading Pitches
Article 16 Special Considerations Relating to the Provision of Trading Pitches at a Farmers’ Market
Article 17 Special Considerations Relating to the Provision of Trading Pitches at a Farmers’ Co-Operative Market
Article 18 Procedure for the Maintenance of a Register of Vendors
Article 19 Procedure for the Maintenance of a Register of Agreements on the Provision of Trading Pitches
Article 20 Vendor Card
CHAPTER 5. CONDUCT OF ACTIVITIES INVOLVING THE SALE OF GOODS (PERFORMANCE OF WORK, RENDERING OF SERVICES) AT A MARKET
Article 21 Requirements Relating to the Conduct of Activities Involving the Sale of Goods (Performance of Work, Rendering of Services) at a Market
Article 22 Prohibitions and Restrictions

CHAPTER 6. FINAL PROVISIONS
Article 23 Supervision of the Organization and Conduct of Activities Involving the Sale of Goods (Performance of Work, Rendering of Services) at a Market
Article 24 Transitional Provisions
Article 25 Concerning the Introduction of Amendments to Article 83 of the Labour Code of the Russian Federation
Article 26 Procedure for the Entry into Force of This Federal Law

CHAPTER 1. GENERAL PROVISIONS

Article 1 Subject of Regulation of This Federal Law

1. This Federal Law regulates relations associated with the organization of retail markets and the organization and conduct of activities involving the sale of goods (performance of work, rendering of services) at retail markets, and the rights and obligations of persons who carry out such activities.

2. This Federal Law shall not apply to the following types of activity:

1) activities involving the sale of energy resources at retail markets;
2) activities involving the sale of goods (performance of work, rendering of services) at fairs which are organized by executive bodies of constituent entities of the Russian Federation or local government bodies outside retail markets and which are of a temporary nature. The rules governing the organization of the activities of fairs shall be established by normative legal acts of constituent entities of the Russian Federation.

Article 2 Legal Regulation of Relations Associated With the Organization of Retail Markets and the Organization and Conduct of Activities Involving the Sale of Goods (Performance of Work, Rendering of Services) at Retail Markets

Legal regulation of relations associated with the organization of retail markets and the organization and conduct of activities involving the sale of goods (performance of work, rendering of services) at retail markets shall be provided by this Federal Law, other federal laws and other normative legal acts of the Russian Federation which are adopted in accordance therewith, and laws and other normative legal acts of constituent entities of the Russian Federation.

Article 3 Basic Concepts Used in This Federal Law

The following basic concepts shall be used for the purposes of this Federal Law:

1) activities involving the sale of goods (performance of work, rendering of services) at a retail market – the sale of goods, performance of work and rendering of services under a retail purchase-sale agreement or a consumer work contract accordingly;
2) retail market (hereinafter referred to as “market”) – an asset complex which is designed to enable the conduct of activities involving the sale of goods (performance of work, rendering of services) on the basis of prices which are freely determined directly at the time of the conclusion of retail purchase-sale agreements and consumer work contracts, and in which there are trading pitches. Markets shall be subdivided into universal and specialized markets;
3) universal market – a retail market at which less than eighty per cent of the total number of trading pitches are intended for the sale of goods of one class as defined in accordance with a goods nomenclature to be established by the federal executive body which carries out functions involving the formulation of State policy and normative legal regulation in the sphere of trade;
4) specialized market – a retail market at which eighty per cent or more of the total number of trading pitches are intended for the sale of goods of one class as defined in accordance with a goods nomenclature to be established by the federal executive body which carries out functions involving the formulation of State policy and normative legal regulation in the sphere of trade;
5) farmers’ market – a specialized market at which agricultural products are sold in accordance with the range determined by the Government of the Russian Federation;
6) farmers’ co-operative market – a farmers’ market which is managed by a market management company which has been registered in accordance with the legislation of the Russian Federation in the form of an agricultural consumer co-operative and at which agricultural products are sold in accordance with the range determined by the Government of the Russian Federation;

7) market management company – a legal entity which owns a market and which is registered with the tax authority for the location of the market and has a permit to organize a market which was obtained in accordance with the procedure established by the Government of the Russian Federation;

8) trading pitch – a place at a market (including a pavilion, kiosk, stand or stall) which has been specially fitted out and allocated by a market management company, is used for activities involving the sale of goods (performance of work, rendering of services) and meets the requirements established by a State government body of the constituent entity of the Russian Federation in whose territory the market is located and by the market management company;

9) person with whom an agreement on the provision of a trading pitch may be concluded – a legal entity or a private entrepreneur which or who has been registered in accordance with the procedure established by the legislation of the Russian Federation, or a citizen (including a citizen who manages a peasant (farm) holding or a private ancillary holding or who engages in horticulture, market gardening or animal husbandry);

10) vendor – a private entrepreneur registered in accordance with the procedure established by the legislation of the Russian Federation or a citizen who has concluded an agreement on the provision of a trading pitch with a market management company and who directly carries out on that trading pitch activities associated with the sale of goods (performance of work, rendering of services), and physical persons who are engaged to carry out such activities by a person with whom an agreement on the provision of a trading pitch has been concluded;

11) vendor card – a document containing basic details concerning a vendor which is a means of control over the activities carried out by the vendor and has been issued to the vendor by a market management company in accordance with the requirements established by this Federal Law;

12) safety certificate – a document indicating that a market conforms to safety requirements, including anti-terrorism security requirements. The list of details that must be contained in that document and requirements for its execution shall be established by the Government of the Russian Federation;

13) goods producer – a legal entity or private entrepreneur registered in accordance with the procedure established by the legislation of the Russian Federation or a citizen (including a citizen who manages a peasant (farm) holding or a private ancillary holding or who engages in horticulture, market gardening or animal husbandry) who or which is a producer and sells own-produced goods;

14) register of vendors – a list of details concerning vendors which is compiled by a market management company and meets the requirements established by this Federal Law;

15) register of agreements on the provision of trading pitches – a list of details supplied by persons who have concluded agreements on the provision of trading pitches with a market management company, which is compiled by the market management company and meets the requirements of this Federal Law.

CHAPTER 2. ORGANIZATION OF A MARKET

Article 4 Procedure for the Organization of a Market

1. A market shall be organized in accordance with a plan which provides for the organization of markets in the territory of a constituent entity of the Russian Federation and has been approved by a State government body of a constituent entity of the Russian Federation in accordance with architectural, townplanning and construction norms and rules and land use and development plans for the territory of the constituent entity of the Russian Federation and the territory of a municipality and with account taken of the requirements of the constituent entity of the Russian Federation for markets of a particular type.

The requirements of a constituent entity of the Russian Federation for markets of a particular type shall be determined on the basis of the need to ensure the availability of particular goods to the population of the municipalities within that constituent entity of the Russian Federation.

2. The plan which is referred to in part 1 of this Article must specify the locations of proposed markets, the number of markets and the types of markets.

3. A market may be organized by a legal entity which has been registered in accordance with the procedure established by the legislation of the Russian Federation and which owns an item or items of immovable property situated in the territory within which the market is to be organized (hereinafter referred to also as “applicant”) on the basis of a permit issued in accordance with the procedure established by the Government of the Russian Federation by a local government body determined by a law of a constituent entity of the Russian Federation.

Article 5 Permit to Organize a Market

1. A permit to organize a market (hereinafter referred to as “permit”) shall be issued on the basis of an application submitted by a legal entity to an appropriate local government body of a municipality (hereinafter referred to as “local government body”). The application must contain the following:

1) the full and (if available) abbreviated name, including company name, and organizational-legal form of the legal entity, its location, the location of the item or items of immovable property where the market is proposed to be organized, the State registration number of the entry concerning the establishment of the legal entity and particulars of the document confirming the inclusion of details concerning the legal entity in the unified State register of legal entities;

2) the taxpayer identification number and particulars of the document concerning the registration of the legal entity with a tax authority;

3) the type of market which is proposed to be organized.

2. An application for a permit shall be accompanied by:

1) copies of the foundation documents (the original foundation documents if the copies have not beenas true copies);
2) an extract from the unified State register of legal entities or a notarized copy thereof;
3) a notarized copy of the certificate of registration of the legal entity with a tax authority;
4) a notarized copy of a document confirming rights in the item or items of immovable property situated in the territory within which the market is proposed to be organized.

The local government body shall check the completeness and accuracy of information on the applicant which is contained in the application and documents submitted by the applicant.

Article 6 Adoption of a Decision to Grant a Permit

1. An application for a permit shall be considered within a period not exceeding thirty calendar days from the day on which the application is received. In the instances referred to in part 1 of Article 9 of this Federal Law, the period of consideration of an application may not exceed fifteen calendar days from the day on which the application is received. During that period the local government body shall adopt a decision to grant or refuse to grant a permit, which shall be formalized by an appropriate legal act.

2. A decision to grant a permit shall be adopted on the basis of the plan referred to in Article 4 of this Federal Law. The local government body shall be obliged to notify the applicant of the adopted decision in writing not later than the day following the day on which that decision is adopted.

3. A violation by a local government body of the time limits or procedure for the consideration of an application for a permit or for the granting of such a permit and a refusal to grant such a permit which is unjustified, i.e. does not conform to the grounds referred to in clause 1 of Article 7 of this Federal Law, may be appealed against in accordance with the procedure established by the legislation of the Russian Federation.

Article 7 Refusal to Grant a Permit

1. An applicant may be refused a permit on the following grounds:

1) the non-possession of rights in an item or items of immovable property within the territory in which the market is proposed to be organized in accordance with the plan which is referred to in Article 4 of this Federal Law;
2) the non-conformity of the location of the item or items of immovable property owned by the applicant or of the type of market which is proposed to be organized to the plan which is referred to in Article 4 of this Federal Law;
3) the submission of a permit application not in compliance with the requirements established by parts 1 and 2 of Article 5 of this Federal Law, or of documents containing inaccurate information.

2. A local government body which has adopted a decision not to grant a permit shall be obliged to notify the applicant of the adopted decision, giving reasons for the refusal, within the time limits established by part 2 of Article 6 of this Federal Law.

Article 8 Procedure for the Issue of a Permit

1. A permit shall be issued after a local government body has adopted a decision to grant such a permit in accordance with the requirements of Article 6 of this Federal Law not later than three days from the day of the adoption of that decision.

2. The following shall be indicated in a permit:

1) the name of the local government body issuing the permit;
2) the full and (if available) abbreviated name, including company name, and organizational-legal form of the legal entity, its location, and the location of the item or items of immovable property where the market is proposed to be organized;
3) the type of market;
4) the period of validity of the permit;
5) the taxpayer identification number;
6) the number of the permit;
7) the date of adoption of the decision to grant the permit.

3. A permit shall be issued for a period not exceeding five years. Where the item or items of immovable property where the market is proposed to be organized are possessed by the legal entity concerned on a lease basis, the period of validity of the permit shall be determined with account taken of the period of validity of the lease agreement.

4. A legal entity which has received a permit shall be considered to be a market management company.

Article 9 Extension and Suspension of the Validity of a Permit, Re-Issue and Annulment of a Permit

1. When the period of validity of a permit expires it may be extended on the application of the legal entity. A permit may be re-issued only in the event that the legal entity undergoes re-organization in the form of a change of legal form or change of name, or in the event of a change in the type of market. The extension of the period of validity of a permit and the re-issue of a permit shall take place in accordance with the requirements of Article 6 of this Federal Law.

2. The validity of a permit shall be suspended in the event of the administrative suspension of the activities of a market management company in accordance with the procedure established by the Administrative Offences Code of the Russian Federation. In the event that a court issues a decision ordering the administrative suspension of the activities of a market management company, the local government body which issued the permit shall, within a day following the day on which that decision enters into legal force, suspend the validity of the permit in question for the period of the administrative suspension of the activities of the market management company.

3. The validity of a permit shall be renewed by the local government body which issued that permit from the day following the day of the expiry of the period of the administrative suspension of the activities of the market management company, provided that the company has remedied the violation which led to the administrative suspension, or from the day following the day of the early termination of the implementation of the administrative punishment in the form of the administrative suspension of the activities of the market management company. The period of validity of the permit shall not be extended by the period for which its validity was suspended.

4. A market management company shall be obliged to give the local government body which issued its permit written notification of the fact that it has remedied the violation which led to the administrative suspension of the activities of the market management company.

5. In the event that a market management company fails to remedy within the time limit established by a court a violation which led to the administrative suspension of its activities, its permit may be annulled by a decision of the court on the basis of a petition from the local government body which issued the permit in question.

Article 10 Register of Markets

1. Information on permits issued by a local government body and details contained in such permits shall be presented to the appropriate State government body of a constituent entity of the Russian Federation. On the basis of the information received the State government body of the constituent entity of the Russian Federation shall, in accordance with a procedure established by that body, compile and maintain a register of markets in which the following information shall be contained:

1) the number of a permit;
2) details given in a permit;
3) the basis and period of suspension and renewal of the validity of a permit;
4) the basis and date of annulment of a permit;
5) the basis and date of extension of the period of validity of a permit;
6) the basis and date of termination of the validity of a permit;
7) other details determined by the State government body of the constituent entity of the Russian Federation.

2. Information contained in the register of markets shall be placed on the official Internet site of the State government body of the constituent entity of the Russian Federation which compiles and maintains the register of markets.

CHAPTER 3. CONSTRUCTION, FITTING OUT AND MAINTENANCE OF A MARKET

Article 11 Requirements Relating to the Design, Redesign and Construction of a Market and the Reconstruction and Modernization of Buildings, Structures and Installations and of Spaces Within Them

The design, redesign and construction of a market and the reconstruction and modernization of buildings, structures and installations and of spaces within them shall be carried out by a market management company in compliance with architectural, town-planning and construction norms and rules and basic requirements which are established by a State government body of a constituent entity of the Russian Federation and which include:

1) limits as to the area (the maximum and (or) minimum area) of the market;
2) the specifications of buildings, structures and installations situated at the market and of spaces within them, and minimum distances between them;
3) the specifications of and limits as to the area (the maximum and (or) minimum area) of trading pitches and of storage, ancillary and other premises.

Article 12 Requirements Relating to the Fitting Out of a Market

1. The fitting out of a market shall be carried out by a market management company.

2. Provision must be made at a market for:

1) the fitting out of trading pitches in accordance with the layout plan for the pitches, and of administrative and utility spaces and communal areas;
2) the organization of a parking area situated away from trading pitches for motor vehicles of persons with whom agreements on the provision of trading pitches have been concluded and of vendors and customers;
3) the fitting out of places for fire extinguishing equipment and equipment for alerting citizens to accidents or emergencies;
4) the fitting out of a clearly visible place for the display of:
a) information showing the layout of trading pitches at the market;
b) the evacuation plan in the event of accidents or emergencies;
c) information on the rules governing the engagement of foreign citizens and stateless persons (including foreign employees) to carry out labour activities in the Russian Federation and on liability for the violation of those rules;
d) a list of particular categories of citizens who have the right to be served without queuing;
e) information on the procedure and conditions for the provision of trading pitches, including charges for the provision of a trading pitch;
f) information on the availability and intended purpose of use of trading pitches and on the expiry dates of agreements on the provision of trading pitches;
g) the telephone number or numbers of the director of the market management company;
h) information envisaged by the legislation of the Russian Federation concerning the protection of consumer rights;
i) telephone numbers (“hotline numbers”) to be used by persons with whom agreements on the provision of trading pitches have been concluded and by vendors and customers to contact appropriate control and supervision bodies and appropriate State government bodies of constituent entities of the Russian Federation and local government bodies.

3. At the entrance to a market there must be a sign made out in Russian and, if necessary, in other languages of peoples of the Russian Federation indicating the type of market, its name, its opening times and the name of the market management company.

4. Where activities involving the sale of food products of animal and (or) vegetable origin are carried out, a veterinary hygiene assessment laboratory must be sited and fitted out at the market.

5. Where activities involving the sale of goods (performance of work, rendering of services) using measuring devices (scales, weights, measuring containers, metre sticks, etc.) are carried out, measuring instruments which conform to metrological rules and norms must be set up at the market in an accessible location in order to enable customers to check the accuracy of the price, measurement and weight of acquired goods (work and services).

6. At the request of internal affairs bodies and control and supervision bodies, employees of those bodies must be provided with permanent or temporary premises in which to perform their assigned duties.

Article 13 Requirements Relating to the Maintenance of a Market

1. A market shall be maintained by a market management company.

2. A market, including administrative and utility spaces and communal areas, must be kept in an appropriate sanitary and technical condition.

3. Provision must also be made at a market for:

1) timely cleaning and site improvement measures;
2) the performance of sanitary and disinfection procedures to prevent the creation of breeding grounds for infectious and parasitic diseases and the spread of such diseases and to confine and eliminate such breeding grounds in the event that they arise;
3) compliance with the requirements of the legislation of the Russian Federation with respect to public sanitary and epidemiological welfare and the legislation of the Russian Federation concerning fire safety;
4) compliance with other requirements envisaged by the legislation of the Russian Federation.

4. In order to enable the normal functioning of a market, due arrangements must be made in regard to power, heat and water supply conditions and to ensure appropriate conditions for the acceptance, storage and sale of goods (performance of work, rendering of services).

CHAPTER 4. ORGANIZATION OF ACTIVITIES INVOLVING THE SALE OF GOODS (PERFORMANCE OF WORK, RENDERING OF SERVICES) AT A MARKET

Article 14 Requirements Relating to the Organization of Activities Involving the Sale of Goods (Performance of Work, Rendering of Services) at a Market

1. For the purpose of organizing activities involving the sale of goods (performance of work, rendering of services) at a market, a market management company:

1) shall develop and approve the layout plan for trading pitches and ensure that they are provided in accordance with the procedure established by this Federal Law;
2) shall organize market security and participation in preserving public order at the market;
3) shall develop and, in consultation with bodies authorized to inspect fire safety provision and the maintenance of public order, approve a safety certificate confirming that the market conforms to the safety requirements established by the legislation of the Russian Federation;
4) shall ensure that goods are sold which are appropriate to the type of market;
5) shall ensure that persons who have concluded agreements on the provision of trading pitches with the market management company and vendors comply with the requirements of the legislation of the Russian Federation concerning the protection of consumer rights and the legislation of the Russian Federation relating to public sanitary and epidemiological welfare and other requirements envisaged by the legislation of the Russian Federation;
6) shall ensure that persons who have concluded agreements on the provision of trading pitches with the market management company and vendors comply with the requirements of the legislation of the Russian Federation concerning the use of by them of cash registers for settlements with customers;
7) shall ensure that persons who have concluded agreements on the provision of trading pitches with the market management company comply with the rules governing the engagement of foreign citizens and stateless persons (including foreign employees) to carry out labour activities in the Russian Federation;
8) shall compile and maintain a register of vendors and a register of agreements on the provision of trading pitches in accordance with the requirements established by Articles 18 and 19 of this Federal Law;
9) shall draw up and issue vendor cards in accordance with the requirements established by Article 20 of this Federal Law;
10) shall perform checks to ensure that vendors and the trading pitches which they occupy meet the requirements established by this Federal Law. Such checks must be carried out daily before the market opens. In the event that any violations are discovered in the course of performing such checks, the market management company must take measures required to rectify those violations or notify the relevant control and supervision bodies on the same day.

2. The opening times shall be determined by the market management company itself within the bounds of the operating hours established by local government bodies for retail enterprises.

Article 15 Arrangement and Procedure for the Provision of Trading Pitches

1. Trading pitches shall be arranged on the basis of the layout plan which is developed and approved by the market management company in consultation with bodies authorized to inspect fire safety provision and the preservation of public order and with bodies responsible for control and supervision in the area of public sanitary and epidemiological welfare and bodies responsible for supervision in the area of the protection of consumer rights and human welfare.

2. Trading pitches shall be provided to legal entities, private entrepreneurs who have been registered in accordance with the procedure established by the legislation of the Russian Federation and citizens (including citizens who manage a peasant (farm) holding or a private ancillary holding or who engage in horticulture, market gardening or animal husbandry) under agreements on the provision of trading pitches for a period not exceeding the period of validity of permits.

3. When concluding agreements on the provision of trading pitches, the persons referred to in part 2 of this Article must provide the following information:

1) details of the applicant:
a) the full and (if available) abbreviated name, including company name, and organizational-legal form of the legal entity, its location, the State registration number of the entry concerning the establishment of the legal entity and particulars of the document confirming the inclusion of details of the legal entity in the unified State register of legal entities – in the case of legal entities;
b) the surname, first name and (if available) patronymic of the private entrepreneur, his place of residence, identification document particulars, the State registration number of the entry concerning the State registration of the private entrepreneur and particulars of the document confirming the inclusion of the private entrepreneur’s details in the unified State register of private entrepreneurs – in the case of private entrepreneurs;
c) the surname, first name and (if available) patronymic of the citizen, identification document particulars, citizenship details and particulars of a document confirming that the citizen manages a peasant (farm) holding or a private ancillary holding or engages in horticulture, market gardening or animal husbandry – in the case of citizens;
2) taxpayer identification number and particulars of the documents concerning the applicant’s registration with a tax authority – in the case of legal entities and private entrepreneurs;
3) the period for which the trading pitch is provided and the purposes for which it is to be used;
4) a list of vendors engaged by the applicant and information on those vendors, including the surname, first name and (if available) patronymic of a physical person, his identification document particulars and citizenship details and the legal grounds for engaging him to carry out activities involving the sale of goods (performance of work, rendering of services) at the market;
5) information concerning a goods producer, including the type of activity carried out by a goods producer in accordance with the All-Russian Classifier of Types of Economic Activity, where a trading pitch is provided to a goods producer in accordance with part 2 of Article 16 of this Federal Law, and concerning the class of goods intended to be sold at the market in accordance with the goods nomenclature established by the federal executive body which carries out functions involving the formulation of State policy and normative legal regulation in the sphere of trade.

4. Information which is provided when concluding an agreement on the provision of a trading pitch must be supported by documents.

5. In instances established by the legislation of the Russian Federation, an applicant must present copies of cash register equipment registration cards and other documents envisaged by the legislation of the Russian Federation, the legislation of constituent entities of the Russian Federation and normative legal acts of local government bodies.

6. The procedure for the conclusion of an agreement on the provision of a trading pitch and the standard form of such an agreement shall be established by State government bodies of constituent entities of the Russian Federation. That procedure must envisage a simplified form of an agreement on the provision of trading pitches at a farmers’ market or a farmers’ co-operative market. The price of an agreement on the provision of a trading pitch shall be determined by the market management company.

7. Trading pitches shall be provided by a market management company to foreign citizens who are registered as private entrepreneurs and to persons who engage foreign employees as vendors with account taken of the acceptable proportion of foreign employees used at markets which has been established by the Government of the Russian Federation. A market management company shall bear the liability prescribed by the legislation of the Russian Federation for the violation of this requirement.

8. A market management company shall be prohibited in accordance with antimonopoly legislation from creating discriminatory conditions in allocating trading pitches.

9. It shall not be permissible to organize and provide trading pitches which are not provided for in the layout plan.

Article 16 Special Considerations Relating to the Provision of Trading Pitches at a Farmers’ Market

1. Trading pitches at a farmers’ market shall be provided in accordance with the procedure established by Article 15 of this Federal Law with account taken of the special considerations which are envisaged by this Article.

2. When determining and approving the layout of trading pitches at a farmers’ market the market management company must allow for and provide such a number of trading pitches for activities involving the sale of goods by goods producers as is prescribed by executive bodies of constituent entities of the Russian Federation or local government bodies, but not less than fifty per cent of the total number of trading pitches.

3. When determining and approving the layout of trading pitches at a farmers’ market the market management company must also allow for and provide trading pitches for activities involving the sale from motor vehicles of agricultural products which have not been commercially processed.

4. Trading pitches at a farmers’ market shall be provided for a period not exceeding three months.

5. Trading pitches at a farmers’ market shall be provided in accordance with a simplified procedure established by a State government body of a constituent entity of the Russian Federation.

6. A trading pitch at a farmers’ market may be provided on the basis of a collective application made by citizens (including citizens who manage a peasant (farm) holding or a private ancillary holding or who engage in horticulture, market gardening or animal husbandry) or legal entities. A collective application shall be submitted in the name of no more than ten persons and must contain the information envisaged by part 3 of Article 15 of this Federal Law for each person included in the collective application.

Article 17 Special Considerations Relating to the Provision of Trading Pitches at a Farmers’ Co-Operative Market

1. Trading pitches at a farmers’ co-operative market shall be provided in accordance with the provisions of Articles 15 and 16 of this Federal Law with account taken of the special considerations which are envisaged by this Article.

2. When determining and approving the layout of trading pitches at a farmers’ cooperative market the agricultural consumer co-operative which manages the market in question must allocate for its members and provide to its members not less than fifty per cent of the total number of trading pitches.

3. A trading pitch at a farmers’ co-operative market may be provided in accordance with a simplified procedure established by a State government body of a constituent entity of the Russian Federation to the following persons:

1) members of the agricultural consumer co-operative which manages the farmers’ co-operative market;
2) citizens (including citizens who manage a peasant (farm) holding or a private ancillary holding or who engage in horticulture, market gardening or animal husbandry) for a period not exceeding three calendar days.

Article 18 Procedure for the Maintenance of a Register of Vendors

1. A register of vendors shall be compiled and maintained by a market management company. The register of vendors shall include the following information:

1) the surname, first name and (if available) patronymic of a private entrepreneur, his place of residence, identification document particulars, the State registration number of the entry concerning the State registration of the private entrepreneur and particulars of the document confirming the inclusion of the private entrepreneur’s details in the unified State register of private entrepreneurs – in the case of private entrepreneurs;
2) surname, first name and (if available) patronymic, identification document particulars, citizenship details and particulars of a document confirming that the person concerned manages a peasant (farm) holding or a private ancillary holding or engages in horticulture, market gardening or animal husbandry – in the case of physical persons.

2. A market management company must ensure that entries in the register of vendors are made in a timely manner and accurately and that information from the register of vendors which is supplied at the request of State government bodies or local government bodies is complete and accurate.

3. A register of vendors shall be maintained by a market management company in paper form and (or) on electronic media during the entire period of validity of a permit.

4. A register of vendors must be kept and maintained in places not accessible to unauthorized persons and under conditions which prevent the loss, distortion or falsification of information.

5. Should any of the details envisaged by part 1 of this Article change, a person with whom an agreement on the provision of a trading pitch has been concluded shall be obliged to notify the market management company of such changes in accordance with the procedure prescribed by that company. Such changes must be entered in the register of vendors not later than the day following the day on which the market management company learned or should have learned of the changes in question.

Article 19 Procedure for the Maintenance of a Register of Agreements on the Provision of Trading Pitches

1. A register of agreements on the provision of trading pitches shall be compiled and maintained by a market management company. There shall be included in the register of agreements on the provision of trading pitches information which has been provided in accordance with part 3 of Article 15 of this Federal Law by persons which have concluded agreements on the provision of trading pitches with the market management company, and there shall also be indicated in the register the designated purpose of trading pitches, their locations, the periods for which they have been provided and particulars of agreements on the provision of trading pitches.

2. A market management company must ensure that entries in the register of agreements on the provision of trading pitches are made in a timely manner and accurately and that information from the register of agreements on the provision of trading pitches which is supplied at the request of State government bodies or local government bodies is complete and accurate.

3. A register of agreements on the provision of trading pitches shall be maintained by a market management company in paper form and (or) on electronic media during the entire period of validity of a permit.

4. A register of agreements on the provision of trading pitches must be kept and maintained in places not accessible to unauthorized persons and under conditions which prevent the loss, distortion or falsification of information.

5. Should any details provided at the time of the conclusion of an agreement on the provision of a trading pitch change, the person who concluded the agreement shall be obliged to notify the market management company of such changes in accordance with the procedure prescribed by that company. Such changes must be entered in the register of agreements on the provision of trading pitches not later than the day following the day on which the market management company learned or should have learned of the changes in question.

Article 20 Vendor Card

1. Activities involving the sale of goods (performance of work, rendering of services) at a market shall be carried out by a vendor only if he possesses a vendor card, which shall be issued upon the conclusion of an agreement on the provision of a trading pitch.

2. The following information must be contained in a vendor card:

1) the name and type of the market;
2) information on the vendor, including the surname, first name and (if available) patronymic of a physical person, his identification document particulars and citizenship details and the legal grounds for engaging him to carry out activities involving the sale of goods (performance of work, rendering of services) at the market;
3) the location of the trading pitch in accordance with the trading pitch layout plan;
4) information on the person to whom the trading pitch has been provided under the agreement on the provision of the trading pitch.

3. There must also be affixed to a vendor card a photograph of the physical person who actually carries activities involving the sale of goods (performance of work, rendering of services) at the market, except where activities are carried out at a farmers’ market or a farmers’ co-operative market.

4. A vendor card shall be drawn up upon the conclusion of an agreement on the provision of a trading pitch, shall be issued to each vendor and shall be valid in relation to all the trading pitches specified therein within one market.

5. Should the details contained in a vendor card change, the market management company shall issue a new vendor card. In this respect, information on the changes to those details must be provided by a person with whom an agreement on the provision of a trading pitch has been concluded not later than the day following the day on which those changes occur.

6. A vendor card must be certified by the market management company.

CHAPTER 5. CONDUCT OF ACTIVITIES INVOLVING THE SALE OF GOODS (PERFORMANCE OF WORK, RENDERING OF SERVICES) AT A MARKET

Article 21 Requirements Relating to the Conduct of Activities Involving the Sale of Goods (Performance of Work, Rendering of Services) at a Market

1. In carrying out activities involving the sale of goods (performance of work, rendering of services) at a market, vendors must:

1) comply with the requirements envisaged by the legislation of the Russian Federation relating to public sanitary and epidemiological welfare provision, by the legislation of the Russian Federation concerning fire safety, by the legislation of the Russian Federation relating to the protection of the environment and by the legislation of the Russian Federation concerning veterinary medicine, and with other requirements envisaged by the legislation of the Russian Federation;
2) comply with requirements relating to the sale of particular types of goods;
3) in cases envisaged by the legislation of the Russian Federation, carry out settlements with customers for goods (work and services) using cash registers.

2. When selling goods (performing work, rendering services) at a market, vendors must also:

1) make available to customers in a timely manner and in a clearly visible and accessible form necessary and accurate information concerning goods (work and services) and the manufacturers thereof which enables a correct choice of goods (work and services) to be made;
2) in instances established by the legislation of the Russian Federation, have available documents confirming the conformity of goods to established requirements (a certificate or declaration of conformity or duly certified copies thereof) and consignment documents;
3) in instances established by the legislation of the Russian Federation, have available a permit for a foreign citizen to carry out labour activities in the territory of the Russian Federation;
4) have a vendor card in their possession on a trading pitch and produce that card at the request of officials of internal affairs bodies and control and supervision bodies and of the market management company;
5) have available other documents envisaged by the legislation of the Russian Federation, the legislation of constituent entities of the Russian Federation and normative legal acts of local government bodies.

3. Where the sale of goods (performance of work, rendering of services) at a market takes place using measuring devices (scales, weights, measuring containers, metre sticks, etc.), vendors must set up measuring instruments which conform to metrological rules and norms on the trading pitch. Measuring instruments must be set up in such a way as to ensure that the processes of weighing, determining the value of and supplying goods are conducted in a clearly visible and accessible manner.

4. A physical person who actually carries out on a trading pitch activities involving the sale of goods (performance of work, rendering of services) at a market must wear a personal badge card indicating his surname, first name and patronymic and the name of the person who concluded an agreement on the provision of the trading pitch with the market management company. There must be affixed to the personal badge card a photograph of the physical person who actually carries out activities involving the sale of goods (performance of work, rendering of services) at the market, except where activities are carried out at a farmers’ market or a farmers’ co-operative market.

Article 22 Prohibitions and Restrictions

1. Activities involving the sale of goods (performance of work, rendering of services) at a market shall be carried out with account taken of the requirements and restrictions which are established by the legislation of the Russian Federation. The Government of the Russian Federation shall have the right to establish a list of classes and types of goods (work and services) which are prohibited from being sold (performed, rendered) at a market.

2. The sale of goods (performance of work, rendering of services) from motor vehicles shall be prohibited other than in the cases provided for in Articles 16 and 17 of this Federal Law.

3. A market management company, other than a farmers’ co-operative market management company, shall not have the right to carry out activities involving the procurement of goods for the purpose of selling them at a market which it manages.

4. Activities involving the sale of goods (performance of work, rendering of services) at a market may not be carried out in the event that:

1) the validity of a permit is suspended in accordance with part 2 of Article 9 of this Federal Law;
2) a permit is annulled in accordance with part 5 of Article 9 of this Federal Law;
3) the legal entity which is the market management company is terminated in accordance with civil legislation.

5. Where a person who has concluded an agreement on the provision of a trading pitch is unable to use the trading pitch in the cases envisaged by part 4 of this Article, the market management company shall be liable towards that person in accordance with civil legislation.

6. A reduction by the Government of the Russian Federation of the acceptable proportion of foreign employees used at markets shall constitute a basis for terminating an employment agreement concluded with a foreign employee or for the early cancellation of a civil law agreement concluded with a foreign employee. The early cancellation of such a civil law agreement shall take place without recourse to a court.

CHAPTER 6. FINAL PROVISIONS

Article 23 Supervision of the Organization and Conduct of Activities Involving the Sale of Goods (Performance of Work, Rendering of Services) at a Market

1. A market management company shall check compliance by persons who have concluded an agreement on the provision of a trading pitch with the acceptable proportion of foreign employees used at markets which has been established by the Government of the Russian Federation.

2. Compliance with requirements established by this Federal Law shall be checked by authorized State government bodies and local government bodies within the limits of their competence.

3. A violation of the requirements established by this Federal Law shall give rise to liability in accordance with the legislation of the Russian Federation.

Article 24 Transitional Provisions

1. The organization of a retail market and the organization and conduct of activities involving the sale of goods (performance of work, rendering of services) at a retail market must be brought into line with the provisions of this Federal Law not later than sixty days from the day of its entry into force.

2. As from January 1, 2010 the fitting out and development of markets, other than farmers’ markets and farmers’ co-operative markets, shall be carried out by market management companies in strict compliance with the basic requirements which are envisaged by Article 11 of this Federal Law. Constituent entities of the Russian Federation shall have the right to reduce the time period which is established by this part.

3. As from January 1, 2010 market management companies shall have the right to use only capital buildings, structures and installations for the organization of activities involving the sale of goods (performance of work, rendering of services) at a retail market. The use of temporary installations for such purposes shall be prohibited.

4. The requirements established by parts 2 and 3 of this Article shall apply to farmers’ markets and farmers’ co-operative markets with effect from January 1, 2012.

Article 25 Concerning the Introduction of Amendments to Article 83 of the Labour Code of the Russian Federation

The following amendments shall be introduced to Article 83 of the Labour Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, No. 1, Article 3;
2006, No. 27, Article 2878):

1) a clause 12 shall be appended to the first part as follows:
“12) the bringing of the total number of employees who are foreign citizens or stateless persons into line with the acceptable proportion of such employees which has been established by the
Government of the Russian Federation for employers which carry out particular types of economic activity in the territory of the Russian Federation.”;
2) a third part shall be appended as follows:
“An employment agreement shall be terminated on the ground established by clause 12 of the first part of this Article not later than the date of expiry of the time limit which is established by the Government of the Russian Federation for employers which carry out particular types of economic activity in the territory of the Russian Federation to bring the total number of employees who are foreign citizens or stateless persons into line with the acceptable proportion of such employees.”.

Article 26 Procedure for the Entry into Force of This Federal Law

1. This Federal Law shall enter into force upon the expiration of ninety days after the day of its official publication, with the exception of part 7 of Article 15, part 6 of Article 22 and Article 25 of this Federal Law.

2. Part 7 of Article 15, part 6 of Article 22 and Article 25 of this Federal Law shall enter into force from January 15, 2007.

 

President of the Russian Federation V. Putin