Municipal rent. How to win a tender for municipal premises for a children's center Rent premises from the city

4) the initial (minimum) contract price (lot price), indicating, if necessary, the initial (minimum) contract price (lot price) 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 of ownership or use of the specified property, in the amount of payment for the right to conclude an agreement for the gratuitous use of the specified property, with the exception of holding a competition for the right to conclude a lease agreement in relation to heat supply, water supply and (or) sanitation facilities;

5) duration of the contract;

6) the deadline, place and procedure for submitting tender documentation, the email address of the website on the Internet on which the tender documentation is posted, the amount, procedure and timing of payment of the fee charged for the provision of tender documentation, if such a fee is established;

10) an indication that participants in the competition can only be small and medium-sized businesses that have the right to support 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 Russian Federation", or organizations that form the infrastructure for supporting small and medium-sized businesses, in the event of a competition for property provided for by Law N 209-FZ.

32. The competition organizer has the right to decide to make changes to the notice of the competition no later than five days before the deadline for submitting applications for participation in the competition. Within one day from the date of adoption of the said decision, such changes are posted by the competition organizer or specialized organization on the official bidding website. In this case, the deadline for submitting applications for participation in the competition must be extended so that from the date of posting on the official website of the tender the changes made to the notice of the competition until the deadline for filing applications for participation in the competition, it is 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 filing applications for participation in the competition. A notice of refusal to hold a tender is posted on the official bidding website 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 this decision, the competition organizer opens (if the postal address (for a legal entity) or information about the place of residence (for an individual) of the applicant) of the applicant is not indicated on the envelope) envelopes with applications for participation in the competition, access is opened to those submitted in the form electronic documents applications for participation in the competition and sends appropriate notifications to all applicants. If a deposit requirement is established, the competition organizer returns to the applicants cash paid as a deposit, within five working days from the date of the decision to refuse to hold the competition.

VII. Tender documentation

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

36. Tender documentation may contain requirements for the volume, list, quality and timing 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 requirements for the quality, technical characteristics of goods (work, services), delivery (performance, provision) of which occurs using such property, requirements for the description of the supplied goods by the participants in the competition, its functional characteristics (consumer properties), as well as its quantitative and qualitative characteristics, requirements for the description by the participants of the competition of the work performed, services provided, their quantitative and quality characteristics.

37. It is not allowed to be included in the tender documentation (including in the form of requirements for the volume, list, quality and timing 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 requirements for quality, technical characteristics , goods (works, services), delivery (performance, rendering) of which occurs using such property) requirements for the competition participant (including requirements for the qualifications of the competition participant, including the presence of work experience of the competition participant), as well as requirements for his business reputation, requirements for the competition participant to have production capacity, technological equipment, labor, financial and other resources.

38. When developing tender documentation, it is prohibited to include into one lot technologically and functionally unrelated state or municipal property, in particular, the inclusion into one lot of state or municipal property intended for electricity 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 relation to property provided for by the Law

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

4) the procedure for transferring rights to property created by a participant in the competition as part of the execution of an agreement concluded as a result of the competition, and intended for the supply of goods (performance of work, provision of services), the delivery (performance, provision) of which occurs 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 expiration of the deadline for submitting applications for participation in the competition. In this case, the start date of the period for submitting applications for participation in the competition is the day following the day the notice of the competition is posted on the official bidding website. The date and time of the deadline for submitting applications for participation in the competition are established in accordance with paragraph 62 of these Rules;

Information about changes:

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

12) the requirement to make a deposit, the amount of the deposit, the deadline and procedure for making the deposit, account details for transferring the deposit if the competition organizer establishes a requirement for the need to make a deposit. Moreover, if the competition organizer has established a requirement for a deposit, and the applicant has submitted an application for participation in the competition in accordance with the requirements of the competition documentation, the agreement on the deposit between the competition organizer and the applicant is considered to be made in writing. Establishing a requirement for the mandatory conclusion of a deposit agreement between the competition organizer and the applicant is not allowed;

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

14) the period within which the draft agreement must be signed, which is at least ten days from the date of posting on the official bidding website the protocol for assessing and comparing applications for participation in the competition or the protocol for considering applications for participation in the competition if the competition is declared invalid according to the reason for filing a single application for participation in the competition or recognizing only one applicant as a participant in the competition;

15) date, time, schedule of inspection of the property, the rights to which are transferred under the agreement. The inspection is provided by the competition organizer or a specialized organization without charging a fee. Such an inspection is carried out no less than every five working days from the date of posting the notice of the tender on the official bidding website, 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 an agreement, changing the terms of the agreement specified in paragraph 98 of these Rules by agreement of the parties and unilaterally is not allowed;

Information about changes:

2) proposal for the contract price, with the exception of holding a competition for the right to conclude a lease agreement in relation to heat supply, water supply and (or) sanitation facilities;

3) proposals on the terms of execution of the contract, which are the criteria for evaluating applications for participation in the competition. In 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 require anything else from applicants, with the exception of documents and information provided for in parts “a” - “c”, “d” - “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 a competition submitted in the form of an electronic document, the competition organizer or specialized organization is obliged to confirm in writing or in the form of an electronic document its receipt within one business day from the date of receipt of such application.

57. Applicants, the organizer of the competition, the competition commission, and a specialized organization are obliged to ensure the confidentiality of information contained in applications for participation in the competition before opening the envelopes with applications for participation in the competition and opening access to applications for participation in the competition submitted in the form of electronic documents. Persons storing envelopes with applications for participation in the competition and applications for participation in the competition submitted in the form of electronic documents do not have the right to allow damage to 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 an 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 competition documentation established a requirement for a deposit, the competition organizer is obliged to return the deposit to the applicant who has withdrawn the application for participation in the competition within five working days from the date the competition organizer receives a notice of withdrawal of the application for participation in the competition.

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

60. If, after the deadline for submitting applications for participation in the competition, only one application for participation in the competition is submitted or no applications for participation in the competition are submitted, the competition is recognized as failed. If the tender documentation provides for two or more lots, the competition is declared invalid only in relation to those lots for which only one application was submitted or no application was 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. The competition commission publicly opens envelopes with applications for participation in the competition on the day, time and place specified in the notice of the competition and opens 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 of envelopes with applications for participation in the competition, immediately before opening of envelopes with applications for participation in the competition or in the case of a competition for several lots, before opening of envelopes with applications for participation in the competition in relation to 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 opportunity to submit applications for participation in the competition, change or withdraw submitted applications for participation in the competition before opening the envelopes with applications for participation in the competition.

63. The competition commission opens 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 applications for participation in the competition in relation to the same lot, provided that the previously submitted applications by this applicant are not withdrawn, all applications for participation in the competition of such applicant submitted in relation to this lot are not are reviewed and returned to such applicant.

65. When opening envelopes with applications for participation in the competition, the name (for a legal entity), surname, first name, patronymic are announced and entered into 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. (for an individual) and the postal address of each applicant, the envelope with an application for participation in the competition of which is opened or access to the application submitted in the form of an electronic document for participation in the competition of which is opened, the availability of information and documents provided for in the competition documentation, the terms of execution of the contract specified in such an application and which are the criterion for evaluating applications for participation in the competition. If, after the deadline for submitting applications for participation in the competition, only one application has been submitted or no applications have been submitted, information on declaring the competition invalid is entered into the specified protocol.

67. The protocol for opening envelopes with applications for participation in the competition and opening access to applications for participation in the competition submitted in the form of electronic documents is maintained 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 competition organizer or a specialized organization on the official bidding website during the day following the day of its signing.

68. The competition commission is obliged to audio or video record 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 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 filing 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 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 for a deposit has been established, the competition organizer is obliged to return the deposit to the specified applicants within five working days from the date of signing the protocol for opening the 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 admitting the applicant to participate in the competition and recognizing the applicant as a participant in the competition or refusing to allow 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 documented in the protocol for considering applications for participation in the competition. The minutes are kept by the competition commission and signed by all members of the competition commission present at the meeting on the day the consideration of applications ends. 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 to allow 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 his application for participation in the competition does not comply with, the provisions of such an application that do not meet the requirements of the competition documentation. The specified protocol on the day of the end of consideration of applications for participation in the competition is posted by the organizer of the competition or a specialized organization on the official website of the auction. Applicants are sent notifications of decisions made by the competition commission no later than the day following the day of signing the specified protocol.

73. If the competition documentation established a requirement for a deposit, the competition organizer is obliged to return the deposit to the applicant not allowed to participate in the competition 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 all applicants to participate in the competition or to admit only one applicant to participate in the competition and recognize only one applicant as a participant in the competition, the competition is declared invalid. If the tender documentation provides for two or more lots, the competition is recognized as invalid only in relation to that lot, the decision on refusal of admission to participation in which was made regarding all applicants, or the decision on admission to participation in which and recognition as a participant in the competition was made regarding only one applicant. In this case, the organizer of the competition, if the requirement for a deposit was established in the competition documentation, is obliged to return the deposit to applicants who submitted applications for participation in the competition within five working days from the date the competition was declared invalid, with the exception of the applicant recognized as a participant in the competition.

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 better conditions execution of the contract proposed in applications for participation in the competition, evaluation and comparison of these applications are carried out 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 heating, water supply and ( or) water disposal) and other criteria specified in the tender documentation. In addition to the contract price, the criteria for evaluating applications for participation in the competition may be:

1) the timing of reconstruction (stages of reconstruction) of the contract object, 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 contract object into operation with characteristics corresponding to the technical and economic indicators established by the contract;

2) technical and economic indicators of the contract object at the time of expiration 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 the property, the rights to which are transferred under the contract, will be carried out to the extent established by the contract;

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

6) qualitative characteristics of the architectural, functional-technological, constructive or engineering solution to ensure the reconstruction of the contract object and the qualifications of the competition participant. This criterion can be used only if the terms of the contract provide for the obligation of the competition participant to prepare design documentation for the reconstruction of the object of the contract or the obligation of the competition participant to create, as part of the execution of the contract, property intended for the supply of goods, performance of work, provision of services, delivery, performance, the provision of which occurs using property, the rights to which are transferred under an agreement;

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 competition are used in total:

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

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

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

d) payback period of the project.

In this case, 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 decide to make changes to 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 this decision, such changes are posted by the auction organizer, a specialized organization on the official auction website. In this case, the deadline for submitting applications for participation in the auction must be extended so that from the date of posting on the official auction website of the changes made to the notice of the auction until the deadline for submitting applications for participation in the auction, it is 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 filing applications for participation in the auction. A notice of refusal to hold an auction is posted on the official auction website 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 this decision, the auction organizer sends appropriate notifications to all applicants. If a requirement for a deposit is established, the auction organizer 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. Documentation about the auction 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 state or municipal property, the rights to which are transferred under the contract, which this property must comply with at the end of the contract.

110. Auction documentation may contain requirements for the volume, list, quality and timing 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 requirements for the quality, technical characteristics of goods (work, services) , delivery (performance, rendering) of which occurs using such property, requirements for auction participants’ description of the supplied goods, its functional characteristics (consumer properties), as well as its quantitative and qualitative characteristics, requirements for auction participants’ description of the work performed, services provided, their quantitative and qualitative characteristics.

111. It is not allowed to be included in the auction documentation (including in the form of requirements for the volume, list, quality and timing 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 requirements for quality, technical characteristics, goods (works, services), delivery (performance, rendering) of which occurs using such property) requirements for the auction participant (including requirements for the qualifications of the auction participant, including whether the auction participant has work experience), as well as requirements for his business reputation, requirements for the auction participant to have production facilities, technological equipment, labor, financial and other resources.

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

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

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

1) in accordance with paragraphs 120 - 122 of these Rules, 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 contract price (lot price) upward, as well as an indication that the price of the concluded contract cannot be revised downward by the parties;

4) the procedure for transferring rights to property created by an 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 delivery (performance, provision) of which occurs 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 expiration of the period for filing applications for participation in the auction. In this case, the start date for filing applications for participation in the auction is the day following the day the notice of the auction is posted on the official trading website. The date and time of the deadline for filing applications for participation in the auction are established in accordance with paragraph 103 of these Rules;

7) the procedure and deadline for withdrawing applications for participation in the auction. In this case, the deadline for withdrawing applications for participation in the auction is established in accordance with paragraph 128 of these Rules;

8) forms, procedure, start and end dates for providing 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 deadline and procedure for making the deposit, account details for transferring the deposit if the auction organizer establishes a requirement for the need to make a deposit. Moreover, if the auction organizer has established a requirement for a deposit, and the applicant has submitted an application to participate 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 auction organizer and the applicant is not allowed;

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

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

15) date, time, schedule of inspection of the property, the rights to which are transferred under the agreement. The inspection is provided by the auction organizer or a specialized organization without charging a fee. Such an inspection is carried out at least every five working days from the date of posting the notice of the auction on the official auction website, but no later than two working days before the deadline for filing applications for participation in the auction;

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

17) an indication that the terms of the auction, the procedure and conditions for concluding an agreement with the auction participant are the conditions of a public offer, and filing an application to participate in the 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 property owner (and in the case of concluding a sublease agreement, also the lessor) to grant the corresponding 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 a document confirming the consent of the property owner (lessor) to the provision by the person with whom the agreement is concluded of the corresponding rights to third parties, or an indication that the transfer of the corresponding rights to third parties is not allowed.

115. A draft agreement must be attached to the auction documentation (in the case of an auction for several lots, a draft agreement 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. Clarification 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 to make changes to the auction documentation no later than five days before the closing date for filing applications for participation in the auction. Changing the auction item is not allowed. Within one day from the date of adoption of this decision, such changes are posted by the auction organizer or a specialized organization in the manner established for posting a notice of an auction on the official trading website. Within two working days from the date of adoption of this decision, such changes are sent by registered mail or in the form of electronic documents to all applicants who were provided with documentation about the auction. In this case, the deadline for submitting applications for participation in the auction must be extended so that from the date of posting on the official auction website of changes made to the auction documentation until the deadline for submitting applications for participation in the auction, it is at least fifteen days.

b) an extract from the unified state register of legal entities received no earlier than six months before the date of publication of the auction notice on the official website of the auction or a notarized copy of such an extract (for legal entities), received no earlier than six months before the date of publication on official bidding website, notice 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 identification documents (for other individuals), a duly certified translation into Russian of documents on state registration of a legal entity or 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 publication of the notice of bidding on the official website of the auction holding an auction;

c) a document confirming the authority of a person to carry out actions on behalf of the applicant - a legal entity (a copy of the decision on appointment or election or an order on the appointment of 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 - manager). If another person acts on behalf of the applicant, the application for participation in the competition must also contain a power of attorney to act on behalf of the applicant, certified by the applicant’s seal (if there is a seal) and signed by the applicant’s manager (for legal entities) or his authorized representative. 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 person;

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

e) a decision on approval or on the completion of a major transaction or a copy of such a decision if the requirement for the need for such a decision to carry out a major transaction is established by the legislation of the Russian Federation, the constituent documents of a legal entity and if for the applicant the conclusion of an agreement, the payment of a deposit or the provision of execution of an agreement are a major transaction;

f) a statement about the absence of a decision to liquidate the applicant - a legal entity, about the absence of a decision of the arbitration court to recognize the applicant - a legal entity, an individual entrepreneur as bankrupt and to open bankruptcy proceedings, about 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 Laws 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 Resolution No. 333, a document containing information about the share of the Russian Federation, a constituent entity of the Russian Federation or a municipal entity in the authorized capital of a legal entity (register of share owners 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 performing 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 (work, services), the supply (performance, provision) of which occurs with use of such property. In cases provided for by the auction documentation, also copies of documents confirming the compliance of goods (work, 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 payment of a deposit, if the auction documentation contains a requirement for a deposit (payment order confirming the transfer of the deposit).

122. It is not allowed to require anything else from the applicant, with the exception of 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 auction organizer or specialized organization must confirm in writing or in the form of an electronic document its receipt within one business day from the date of receipt of such application.

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

125. Acceptance of applications for participation in the auction ceases on the day specified in the notice of the auction for consideration of applications for participation in the auction immediately before the start of consideration of applications.

126. Each application for participation in an auction received within the period specified in the notice of the auction is registered by the auction organizer or a specialized organization. At the request of the applicant, the auction organizer or a specialized organization issues a receipt of such 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 for a deposit has been established, the auction organizer is obliged to return the deposit to the specified 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 for 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, after the deadline for submitting applications for participation in the auction, only one application is submitted or no applications are submitted, the auction is considered invalid. If the auction documentation provides for two or more lots, the auction is considered invalid only for those lots for which only one application was submitted or no application was submitted.

XIX. The procedure for considering applications for participation in the auction

130. The auction commission reviews 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 period for consideration of applications for participation in the auction cannot exceed ten days from the deadline for filing applications.

132. If it is established that one applicant has submitted two or more applications for participation in the auction in relation to the same lot, provided that the previously submitted applications by such applicant have not been withdrawn, all applications for participation in the auction of such applicant submitted in relation to this lot , are not considered and are returned to such applicant.

133. Based on the results of consideration of applications for participation in the auction, the auction commission makes a decision on admitting the applicant to participate in the auction and recognizing the applicant as an auction participant or refusing 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 documented in a protocol for considering applications for participation in the auction. The minutes are kept by the auction commission and signed by all members of the auction commission present at the meeting on the day the consideration of applications ends. 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. The specified protocol on the day the consideration of applications for participation in the auction ends is posted by the auction organizer or a specialized organization on the official auction website. Applicants are sent notifications of decisions made by the auction commission no later than the day following the day of signing the specified protocol. If, after the deadline for submitting applications for participation in the auction, only one application has been submitted or no applications have been submitted, information on declaring the auction invalid is entered into the specified protocol.

134. If the auction documentation established a requirement for a deposit, the auction organizer is obliged to return the deposit to the applicant not allowed 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 all applicants to participate in the auction 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 considered invalid only in relation to that lot in which the decision to refuse admission to participation in which was made regarding all applicants, or the decision on admission to participation in which and recognition as an auction participant was made regarding only one applicant.

XX. Auction procedure

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

137. The auction is conducted 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 the “auction step”.

139. The “auction step” is set at five percent of the initial (minimum) contract price (lot price) specified in the notice of the auction. If, after the last offer on the contract price has been announced three times, none of the auction participants has declared their intention to offer more high price contract, the auctioneer is obliged to reduce the “auction step” by 0.5 percent of the initial (minimum) contract price (lot price), but not lower 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 vote.

141. The auction is held in the following order:

1) the auction commission immediately before the start of the auction registers the auction participants (their representatives) who have appeared at the auction. In the event of an auction for several lots, the auction commission, before the start of each lot, registers the auction participants who came to the auction and submitted applications for such a lot (their representatives). Upon registration, auction participants (their representatives) are given numbered cards (hereinafter referred to as cards);

2) the auction begins with the auctioneer announcing the start 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 submit your proposals on the contract price;

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 established 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 established by paragraph 139 of these Rules, and “auction step”, in accordance with which the price increases;

5) if, after the auctioneer announced the contract price three times, not a single auction participant raised a card, the auction participant who properly fulfilled his duties under a 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 his desire to conclude an agreement ( hereinafter referred to as the current copyright holder), has the right to declare his desire to conclude an agreement at the contract price announced by the auctioneer;

6) if the current copyright holder exercised the right provided for in subparagraph 5 of paragraph 141 of these Rules, the auctioneer again invites auction participants to submit their proposals for the contract price, after which, if such proposals were made and after the auctioneer announced the contract price three times, no auction participant raised the card, the current copyright holder has the right to again declare his desire to conclude an agreement at the contract price announced by the auctioneer;

7) the auction is considered over if, after the auctioneer has announced the last offer for the contract price three times or after the current copyright holder has declared his desire to conclude a contract at the contract price announced by the auctioneer, not a single auction participant has raised a card. In this case, the auctioneer announces the end of the auction (lot), the last and penultimate offer for the contract price, the card number and name of the auction winner and the auction participant who made the penultimate offer for the contract price.

142. The winner of the auction is the person who offered the highest contract price, or the current copyright holder if he has declared his desire to conclude a contract at the highest contract price announced by the auctioneer. When holding auctions in accordance with Resolution No. 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 a protocol of the auction, which must contain information about the place, date and time of the auction, about the auction participants, about the initial (minimum) price of the contract (lot price) , the last and penultimate proposals on the contract price, name and location (for a legal entity), surname, first name, patronymic, place of residence (for an individual) of the auction winner and the participant who made the penultimate proposal on the contract price. 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 auction organizer. The auction organizer, within three working days from the date of signing the protocol, provides the auction winner with one copy of the protocol and a draft agreement, which is drawn up by including the contract price proposed by the auction winner in the draft agreement attached to the auction documentation.

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

145. Any auction participant has the right to audio and/or video record the auction.

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

147. If a requirement for a deposit has been established, the auction organizer, within five working days from the date of signing the auction protocol, is obliged to return the deposit to 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 made by the auction participant who made the penultimate offer on the contract price is returned to such auction participant within five working days from the date of signing the contract with the auction winner or with such auction participant. If one auction participant is both an auction winner and an auction participant who made the penultimate offer on the contract price, if the specified auction participant evades concluding a contract as an auction winner, the deposit made by such participant is not returned.

148. If one participant participated in the auction, or if, due to the lack of proposals for 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 by paragraph 139 of these Rules up to the minimum size and after three times the proposal on the initial (minimum) contract price (lot price) has been announced, not a single proposal on the contract price has been received that would provide for a higher contract price, the auction is considered invalid. If the auction documentation provides for two or more lots, the decision to declare the auction invalid is made for each lot separately.

149. Protocols 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 audio or video recordings of the auction are stored by the auction organizer for at least three years.

XXI. Conclusion of an agreement based on the results of the auction

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

XXII. Consequences of declaring an auction invalid

151. If the auction is declared invalid due to the filing of a single application for participation in the auction or recognition of only one applicant as an auction participant, with the person who submitted the only application for participation in the auction, if the said application meets the requirements and conditions provided for by the documentation auction, as well as with a person recognized as the only participant in the auction, the auction organizer is obliged to conclude an agreement on the terms and at the price that are 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.

For small and medium-sized businesses, renting real estate from the Moscow City Property Department is one of the the best ways save on rent and free up money to solve business problems. By participating in auctions, entrepreneurs can obtain premises at a rate below the market average, and subsequently buy them back at favorable conditions. Smart Choice experts talk about how to rent premises from the city of Moscow and take part in special programs to support small and medium-sized businesses.

Step-by-step instructions on how to rent a room from the city

Choose the right object. They are presented on the website mos.ru. Pay attention to the key lot information: auction date, rental period, starting amount rent.
View the property. An application for inspection can be submitted up to a few days before the deadline for accepting applications for participation in the auction. How to rent a room from the city and be sure that the property is ideal for you? Visit it yourself or have it examined by a specialist. A thorough examination, including checking the condition of repairs, communications, assessment transport accessibility, infrastructure, etc., will avoid problems with the operation of real estate in the future.
Register on the site that will conduct the auction. Today they are all produced in electronic format. To register, you will need to provide constituent documents and a digital signature, install several certificates and a data cryptographic protection system.
Collect a package of documents. You will need an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs (it must be received no earlier than 6 weeks before the start of the auction), copies of the constituent papers, a decision to approve the transaction, and a document confirming the authority of the person submitting the application. You also need to attach a statement in which the entrepreneur confirms that no bankruptcy or liquidation case has been opened against the company, and its activities have not been suspended.
Pay the deposit. Review the lot documentation to find out how to rent space from the city and how much you need to transfer to participate in the auction. As a rule, the deposit is 5% of the lot amount.
On the day of the auction, go to the auction site and take part in the auction. You can study the rules for bidding on the website or in the documentation for the lot. If you are the only participant in the auction, you will automatically be recognized as the winner.
Sign the protocol on the results of the auction. As a rule, it is published on the same day on which the auction was held. Within 10-20 days after the auction, you must contact the DGI to conclude an agreement.
Pay the initial amount and sign the contract. After this you will be able to use the premises.

Please note: the rental price for the year, which is indicated in the contract, will be revised after 12 months. The amount will be multiplied by the consumer price index (inflation rate). Keep this in mind when finding out how to get a space to rent from the city: the space will cost more in the future. However, the City Property Department does not have the right to change the rate unilaterally.

How to rent premises from the city of Moscow? Analyzing lot documentation

The best way to find out how to rent premises from the city is to study the lot documentation. All the key information for making a decision and planning actions at the auction will be indicated here. The document states:

a detailed description of the non-residential property indicating the number in the Unified State Register, intended purpose, address, area, etc.;
term of the contract;
the initial price from which bets start;
deposit for participation in the auction;
the amount that the auction winner will have to pay and the timing of payment;
minimum auction step;
documents for participation;
start and end dates for accepting applications, holding an auction and other information.

Also in the documentation for the lot you can study the lease agreement (pay special attention to the rights and obligations of the tenant), a sample application for participation in the auction and a power of attorney to represent interests by a third party.

Important: there are several programs to help entrepreneurs in Moscow. For example, property support is provided for small businesses that work in the field of healthcare, social nutrition, education, consumer services, etc. To understand whether your company can count on benefits, contact Smart Choice specialists: they are thoroughly familiar with the legislation on assistance programs for entrepreneurs and will take care of correct design documents.

Pitfalls when renting municipal property

Before you learn how to lease a property from the city and bid on it, you need to make sure you are ready for the auction. There are several difficulties:

New offers need to be monitored. In order not to miss out on a profitable lot, you need to regularly monitor DGI offers. In addition, you will have to spend time inspecting the property.
The registration process at the auction site may take several days.. It is best to register before you decide to rent a specific premises from the city of Moscow in order to be sure to become a bidder before the start. It's especially important to start preparing early if your business doesn't yet have an electronic signature. In order not to deal with the regulations for trading and not waste time on self-registration, you can use the help of Smart Choice lawyers.
The winner must conclude an agreement within a short time and, most importantly, make payment. As a rule, the down payment is 25% of the minimum contract amount. Considering that the bidding is not for a monthly, but for an annual rental rate, the amount will be significant. The time frame for transferring it to the DGI account is short - up to 3 days. If the auction winner does not have time to collect the required amount or misses the deadline for concluding the contract, the results of the auction will be canceled, and the deposit will not be returned to the winner.

How to rent commercial real estate from the cityno problem?

Smart Choice offers services to entrepreneurs who want to obtain city real estate on attractive terms. We provide a wide range of services:

Selection of an object according to the customer’s requirements among DGI proposals, monitoring of new proposals.
Inspection of the property, assessment of the benefits of the proposal, calculation of the approximate market value of the property.
Consultations on the possibility of participation in government programs.
Registration of the client on the trading platform.
Collecting a package of documents, making a deposit.
Developing a strategy for participating in the auction, calculating the maximum amount that makes sense to pay for the premises.
Participation in the auction on your behalf.
Signing the protocol, transferring the initial amount to the DGI account, signing the agreement.
Assessing the possibility of purchasing real estate, submitting documents to the State Property Inspectorate.
Analysis of the contract for the purchase of real estate, conducting an independent assessment.
Challenging the value of real estate in court.
Concluding an agreement for the purchase of leased real estate.

Smart Choice employs lawyers with more than 5 years of experience who have repeatedly collaborated with DGI on various issues. We will help you rent ideal premises for your business from the city with the possibility of subsequent purchase in Moscow or the Moscow region, making sure that the conditions are the most favorable.

How to conduct an auction for the right to conclude lease agreements (free use, trust management) in relation to state (municipal) property

Head of the Department of Budget Control and Audit Methodology of the Department of Budget Policy and Methodology of the Ministry of Finance of Russia

One of the ways to conduct bidding for the right to conclude lease agreements (free use, trust management) of property and other agreements providing for the transfer of rights in relation to state (municipal) property is an auction.

"Glavbukh" advises

Bidding for the right to conclude agreements in relation to state (municipal) property can begin before the expiration of the current lease agreement (free use, trust management).

In this case, the new contract must come into force upon the expiration of the contract in force at the time of the auction. That is, by the time the contract concluded as a result of the auction comes into force, state (municipal) property must be free from the rights of third parties (except for cases when it is secured by the right of operational management).

This is stated in paragraph 8 of the clarifications of the FAS Russia dated November 1, 2011.

The rules for conducting auctions in the form of an auction are established by order of the Federal Antimonopoly Service of Russia dated February 10, 2010 No. 67 (Part 5 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ). They do not apply to land and forest plots, water bodies, subsoil plots, as well as to property transferred under concession agreements (Part 2 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ).

Some provisions for conducting tenders and concluding agreements in relation to state and municipal property are set out in the clarifications of the FAS Russia dated November 1, 2011.

Attention!

Failure to comply with the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67 is considered a violation. Such a violation is grounds for the court to declare the auctions and transactions concluded based on their results invalid (including at the request of the antimonopoly authority) (Part 4 of Article 17 of the Law of July 26, 2006 No. 135-FZ, Articles 168, 449 Civil Code of the Russian Federation, letter of the Ministry of Economic Development of Russia dated January 21, 2011 No. D05-171).

The auction must be held in relation to property that is not included in the list approved by order of the Federal Antimonopoly Service of Russia dated February 10, 2010 No. 67. Bidding on property included in the specified list should be carried out through a competition. This conclusion follows from the provisions of paragraph 3 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67. At the same time, by decision of the organizer, bidding for the right to conclude contracts in relation to property, for which concluding contracts is possible only through a tender, can be held in auction form. This is stated in paragraph 18 of the clarifications of the FAS Russia dated November 1, 2011, letter of the FAS Russia dated March 17, 2010 No. ATs/7021.

There is no need to hold an auction when granting rights in relation to state (municipal) property, in particular:

state bodies, local governments, state extra-budgetary funds; Bank of Russia; state (municipal) institutions; educational institutions, regardless of their organizational and legal forms; medical institutions of the private healthcare system; for placement of communication networks, postal facilities; for a period of no more than 30 calendar days within six consecutive calendar months; citizens who are not individual entrepreneurs; non-profit organizations that do not carry out income-generating activities; being part (parts) of the premises (building, structure, structure), if the total area of the transferred property is no more than 20 square meters. m and does not exceed 10 percent of the area of the premises (building, structure, structure), the rights to which belong to the institution transferring such property.

Also, an auction does not need to be held when granting rights in relation to state (municipal) property:

the person who submitted the only application to participate in the auction. But only on the condition that the specified application meets the requirements and conditions provided for in the auction documentation; to the person recognized as the sole participant in the auction. Conclude the contract on the terms and at the price provided for in the application for participation in the auction and the auction documentation. In this case, the price should not be less than the initial (minimum) price of the contract (lot) specified in the notice of the auction.

Moreover, for the auction organizer, the conclusion of contracts in these two cases is mandatory.

The full list of conditions under which it is not necessary to hold an auction is specified in Part 1 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ and explained in the letter of the FAS Russia dated March 17, 2010 No. ATs/7021.

In addition, educational institutions of higher professional education and state scientific institutions should not hold an auction when concluding lease agreements in relation to state (municipal) property while simultaneously meeting the following requirements:

tenants are business companies created by these institutions; the activities of the tenants consist in the practical application (implementation) of the results of intellectual activity (computer programs, databases, inventions, etc.), the right to use which is made as a contribution to their authorized capital; Lease agreements establish a ban on subletting, free use of this property, and a ban on pledging lease rights.

The procedure and conditions for concluding lease agreements without bidding were approved by Decree of the Government of the Russian Federation of August 12, 2011 No. 677.

This is stated in Part 3.1 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ, paragraph 20 of the clarifications of the FAS Russia dated November 1, 2011.

The auction is open in terms of the composition of participants and the form of proposal submission (clause 2 of the Rules approved by Order of the FAS of Russia dated February 10, 2010 No. 67).

The bidding process through an auction can be divided into several stages:

preparation for the auction; consideration of applications for participation in the auction; holding auctions.

Preparing for the auction

The decision to hold an auction is made by the auction organizer.

If an auction is held in relation to treasury property, the auction organizer is the owner of the property. In this case, on behalf of the owner the following acts:

federal executive body (executive body of a constituent entity of the Russian Federation, local government body), which is entrusted with the functions of property management; federal executive body (executive body of a constituent entity of the Russian Federation, local government body), which is entrusted with the functions of organizing and conducting competitions and auctions; another person who has rights of ownership and (or) use of this property.

If an auction is held in relation to property assigned to a state (municipal) institution with the right of operational management, the auction organizer is:

a state (municipal) institution that has operational management rights to this property; another organization that has rights of ownership and (or) use of this property.

This procedure is established by paragraph 4 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

To conduct the auction, an auction commission is created (clause 8 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

The auction organizer must publish a notice of its holding on the official auction website www. ***** (Resolution of the Government of the Russian Federation of September 28, 2010 No. 767). This must be done at least 20 days before the closing date for submitting applications for participation in the auction. In addition, at its discretion, the organizer may publish such a notice in the media. However, such publication does not replace publication on the website. This is stated in parts 5.1, 6 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ, paragraph 104 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67, paragraph 19 of the clarifications of the FAS Russia dated November 1, 2011.

Attention!

Part 5.1 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ (introduced by the Law of December 6, 2011 No. 401-FZ) establishes that a notice of an auction must be published at least 20 days before the closing date for filing applications to participate in the auction. However, similar amendments were not made to the order of the FAS Russia dated February 10, 2010 No. 67 (which approved the rules for conducting auctions in the form of an auction).

Paragraph 103 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67, states that a notice of an auction must be published at least 30 days before the specified date. Despite the fact that the Law takes precedence over other regulations (Clause 7, Article 3 of the Civil Code of the Russian Federation), to avoid possible disagreements with inspectors, continue (until this discrepancy is eliminated) to post a notice at least 30 days before the deadline for submitting applications to participate in the auction. This option allows you to fulfill the requirements established by both the Law and the order of the FAS Russia.

Attention!

Failure to post information about an auction for the right to conclude contracts on the official auction website (www. *****) is considered a violation of the Rules approved by Order No. 67 of the FAS Russia dated February 10, 2010 (clause 19 of the clarifications of the FAS Russia dated November 1, 2011 ., letter of the Treasury of Russia dated July 14, 2010 No. IA/22275).

The notice of the auction must indicate, in particular:

specifications

A complete list of data that must be included in a published notice is contained in paragraph 105 of the Rules, approved by Order of the FAS Russia dated February 10, 2010 No. 67.

Situation: how to determine the initial (minimum) contract price (lot price) for the purpose of bidding for the right to conclude lease agreements (free use, trust management) in relation to state (municipal) property

The initial (minimum) contract price (lot price) is determined by the auction organizer. Information about the initial (minimum) contract price (lot price) in the notice of an auction (competition) must be indicated by the auction organizer in the amount of:

or a monthly (annual) payment for the right to own or use property (i.e., in the amount of rent); or payment for the right to enter into an agreement for the free use of property.

This is the procedure established by paragraphs 5, 31 and 105 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

At the same time, the procedure for determining the amount of the above payments by the Rules approved by Order of the FAS Russia dated February 10, 2010 No. 67 is not established. Therefore, the initial (minimum) contract price (lot price) must be determined independently by the auction organizer, taking into account the norms of legislation regulating valuation activities (in particular, Law No. 135-FZ of July 29, 1998). This is stated in paragraph 11 of the clarifications of the FAS Russia dated November 1, 2011.

Thus, when involving property in a transaction that belongs in whole or in part to Russia, constituent entities of the Russian Federation or municipalities, an independent assessment is required. Consequently, the auction organizer must involve an appraiser and determine the initial (maximum) price of the contract (lot) based on the appraisal report. An exception is established only for the property of state (municipal) institutions, which they have the right to dispose of without the consent of the owner. When conducting an auction for this property, the auction organizer can determine the price independently (both based on the results of the assessment and without it). This follows from the provisions of Article 8 of the Law of July 29, 1998 No. 135-FZ.

If the auction is declared invalid and the organizer conducts a new auction, the initial (minimum) price of the contract (lot) can be changed. Moreover, in relation to property owned in whole or in part by Russia, constituent entities of the Russian Federation or municipalities, it should not be lower than the value determined on the basis of the assessment report. This opinion is shared by the Russian Ministry of Economic Development in a letter dated December 7, 2011 No. D08-4971.

Simultaneously with the publication of the notice, documentation about the auction is posted on the official website along with the draft agreement (clauses 115, 117, 43 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

In addition to the information contained in the notice of the auction, the auction documentation must reflect complete information about the auction and the lot. Moreover, it should not contradict the information specified in the notice (clause 116 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67). In particular, the documentation must contain:

procedure, place, start date, date and time of expiration of the period for filing applications for participation in the auction; instructions for filling out an application for participation in tenders, methods for submitting and opening them (including applications in the form of an electronic document signed with an electronic signature) (clause 7 of the clarifications of the FAS Russia dated November 1, 2011); the amount of security for the execution of the contract, the period and procedure for its submission (if the organizer has established a requirement for security for the execution of the contract). In this case, the amount and procedure for providing security for the execution of the contract is established by the organizer independently (clause 9 of the clarifications of the FAS Russia dated November 1, 2011); the procedure and deadline for withdrawing applications for participation in the auction; auction step; the procedure for revising the contract price (lot price) upward, as well as an indication that the price of the concluded contract cannot be revised downwards (clause 14 of the clarifications of the FAS Russia dated November 1, 2011); place, date and time of the auction; a copy of a document confirming the consent of the owner of the property (when concluding a sublease agreement, also the tenant) to grant the corresponding rights under the agreement, the right to conclude which is the subject of bidding.

The full list of information that must be contained in the auction documentation is established by clause 114 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67. The auction organizer carries out the development and approval of auction documentation independently (clause 5 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67, clause 7 of the clarifications of the FAS Russia dated November 1, 2011).

When developing auction documentation, do not include technologically and functionally unrelated property into one lot. For example, property intended for electricity supply, heat supply, gas supply, as well as water supply and sanitation. This is stated in paragraph 112 of the Rules, approved by order of the FAS of Russia dated February 10, 2010 No. 67.

There are also a number of conditions that the auction organizer does not have the right to include in the documentation. For example, these are requirements for the business reputation of participants, their production capacity, technological equipment, etc. The list of such information is established by paragraph 111 of the Rules, approved by Order of the FAS Russia dated February 10, 2010 No. 67.

Free and free access to auction documentation is provided. The only exception is if, at the request of the applicant, the documentation is presented to him on paper. It happens like this. The applicant submits the request in writing or electronically. Within two working days after its receipt, the auction organizer, in the manner specified in the notice, sends the requested documentation. If the notice of an auction requires payment for documentation submitted on paper, the auction organizer sends the documents after receiving payment. In this case, the amount of payment should not exceed the organizer’s expenses for making copies of documents and their delivery. If documentation is submitted in the form of an electronic document, no fee is charged. This procedure is established by paragraphs 117, 43 and 44 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

"Glavbukh" advises

When issuing auction documentation, register the applicants who received it, indicating their postal details. If the auction documentation is changed, these participants will need to send notices by registered mail (clause 119 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

Any applicant has the right to send a written request to the auction organizer for clarification of the provisions of the auction documentation. If the request is received no later than three business days before the application deadline, please provide the applicant with an explanation in writing or electronically. This must be done within two business days from the date of receipt of the request. Requests received less than three days before the application deadline may not be considered.

Within one day from the moment the clarification is sent to the applicant, they must be posted on the official website indicating the subject of the request, but without indicating the organization from which the request was received.

This procedure is established by paragraphs 118, 47 and 48 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

No later than five days before the closing date for filing applications, the institution may change the documentation and notice of the auction. Changing the auction item is not allowed.

Within one day from the date of the decision to make changes, they must be posted on the official website. In addition, changes must be sent by registered mail or in the form of electronic documents to all applicants who were provided with auction documentation (within two business days from the date of the decision to make changes).

The deadline for submitting applications for participation in the auction must be extended so that from the date of posting the changes made to the deadline for submitting applications it is at least 15 days.

This procedure is established by paragraphs 106 and 119 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

Applicants for the right to conclude an agreement submit applications for participation in the auction within the time frame and in the form established by the auction documentation (clause 120 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

An application for participation in the auction must contain:

information about the applicant (name, legal form, location, etc.); documents about the applicant (in particular, an extract from the Unified State Register of Legal Entities, received no earlier than six months before the day the auction notice was posted on the website); proposals on the conditions for performing work that must be performed in relation to the property, the rights to which are transferred under the contract.

A complete list of information and documents that must be reflected (attached) in the application for participation in the auction is given in paragraph 121 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

The auction organizer has no right to demand any additional information or documents (clause 122 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

When accepting applications, the auction organizer records the date and time of their receipt. At the request of the applicant, he is given a receipt of receipt of the application (clause 126 of the Rules, approved by order of the Federal Antimonopoly Service of Russia dated February 10, 2010 No. 67). If the application was submitted electronically, confirmation of its receipt must be sent to the applicant within one business day from the date of receipt of such an application (clause 123 of the Rules approved by Order of the FAS Russia dated February 10, 2010 No. 67).

Acceptance of applications stops on the day of their consideration immediately before the start of the review procedure (clause 125 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

The auction organizer may stipulate in the notice of the auction the need to make a deposit. Then the applicant for participation in the auction (applicant) must contribute a certain amount of money. The size of the deposit is determined by the auction organizer. In this case, it is impossible to establish a requirement for mandatory conclusion separate agreement deposit between the auction organizer and the bidder. This is stated in paragraph 22 and part 12 of paragraph 114 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67, paragraph 3 of the clarifications of the FAS Russia dated November 1, 2011.

The auction organizer returns the deposit to applicants for participation in the auction (applicants) who did not become winners. There is an exception to this rule: if the participant for whom the conclusion of the contract is obligatory (i.e. the winner; the participant who made the penultimate offer) evades its conclusion, the deposit is not returned.

The deposit of the auction winner is counted towards the fulfillment of obligations under the contract concluded as a result of the auction (but only if such obligations arise within five working days from the date of conclusion of the contract in the amount of such obligations). Only the part of the deposit that exceeds the amount of contractual obligations is returned to the winner.

This is stated in paragraphs 107, 127, 128, 134, 147 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67, paragraph 4 of the clarifications of the FAS Russia dated November 1, 2011, paragraph 4 of Article 448 of the Civil Code of the Russian Federation.

Consideration of applications for participation in the auction

If applications for participation in the auction were not submitted, the auction is considered invalid (clause 129 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67). In this case, the auction organizer has the right to announce a new auction or competition (clause 151 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

If several applications have been submitted, the commission considers them within ten days from the date of application deadline (clause 130 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67). As a result, the commission must decide on the admission of applicants who have submitted applications to participate in the auction. If the application (applicant) does not meet the requirements established by the auction documentation, as well as the conditions specified in paragraphs 24–26 of the Rules, approved by Order of the FAS Russia dated February 10, 2010 No. 67, the commission refuses the applicant to participate in the auction. This procedure is provided for in paragraphs 130–134 of the Rules approved by Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010. For more information about the requirements for bidders (applicants), see Who can participate in the competition (auction) for the right to conclude lease agreements ( gratuitous use, trust management) in relation to state (municipal) property.

Moreover, if it is established that the information contained in the documents submitted by the applicant is unreliable, the auction commission must remove such applicant (participant) at any stage of the auction. Document the removal of the applicant in a protocol. In it, indicate the established facts of false information. Place such a protocol on the official website no later than the day following the day the decision was made to refuse the applicant. This is stated in paragraph 26 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

To document the results of consideration of applications, the commission prepares a protocol. It should contain:

information about applicants; a decision on their admission to participate in the auction or on refusal to admit them with justification for such a decision and an indication of the provisions of Order No. 67 of the FAS of Russia dated February 10, 2010 and the provisions of the auction documentation that the applicant and (or) application do not comply with.

The protocol is signed by all members of the auction commission who were present at the meeting and posted on the official website on the day the consideration of applications ends.

Applicants are notified of decisions made regarding them. This must be done no later than the day following the day the protocol was signed.

This procedure is provided for in paragraph 133 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

Bidding

Persons admitted by the commission to participate in the auction participate in it through their representatives or independently (clause 136 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

From among the members of the auction commission, an auctioneer is selected by open vote by a majority vote (clause 140 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67). Its functions include conducting trades.

The bidding procedure is as follows.

First, the commission registers those participants (their representatives) who came to the auction. If the auction is held for several lots (for the right to conclude several contracts in relation to different property), then participants are registered separately before the start of each lot. Each registered person is given a numbered card.

The initial (minimum) contract price increases gradually. Each time it moves up one auction step. The auction step is 5 percent of the initial (minimum) price of the contract (lot). After the increased price is announced, the participants raise their cards, thereby indicating that they are ready to enter into an agreement at this price. If, after the auctioneer has announced the last offer on the contract price three times, none of the participants has declared their intention to offer a higher price, the auctioneer must reduce the auction step by 0.5 percent of the initial (minimum) price of the contract (lot), but not lower than 0.5 percent of the initial (minimum) price of the contract (lot). This action is carried out until the “auction step” decreases to 0.5 percent of the initial (minimum) contract price. This is the limit below which the auction step should not fall.

After the price increases by a new lower auction step, the participants again raise their cards. In this case, the auctioneer announces only the number of the participant who raises the card first.

If, after the next three-fold announcement of the contract (lot) price, not a single card has gone up, the auction participant - the current copyright holder of the property, the rights to which are being transferred, can declare in writing his desire to conclude a contract at the announced price. After this, the auctioneer again invites participants to submit their proposals for the contract price. If such offers are made and after the contract price has been announced three times, not a single participant has raised a card, the current copyright holder can again declare his desire to conclude a contract at the announced price.

The auction continues until, after the next three-time announcement of the price or after the current copyright holder has declared his desire to conclude an agreement at the announced price, not a single auction participant has raised a card.

The winner is:

the participant who offered the highest contract price (the price for the right to conclude a lease agreement or the highest rent); the current copyright holder, if he has expressed his desire to conclude an agreement at the highest price announced by the auctioneer.

In this case, the auctioneer announces not only the winner, but also the participant with the penultimate price offer. The fact is that if participant number one refuses to enter into an agreement, participant number two will become the winner.

This procedure is established by paragraphs 138–142 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67, and is explained in paragraphs 11, 15, 17 of the clarifications of the FAS Russia dated November 1, 2011.

An example of increasing the auction step for concluding a lease agreement for state (municipal) property

The starting price of a lease agreement for state (municipal) property is 100,000 rubles.

The auction step is:
100,000 rub. × 5% = 5,000 rub.

The auctioneer announces an increased contract price - 105,000 rubles. (RUB 1,000,000 + RUB 5,000). Several participants raised their cards. The auctioneer announced the participant who raised the card first and the new price - 110,000 rubles. (RUB 105,000 + RUB 5,000). None of the participants raised a card. The auctioneer reduces the auction step by 0.5% of the initial contract price. Consequently, the new auction step was 4,500 rubles. (RUB 5,000 – RUB 100,000 × 0.5%).

The auctioneer announces a new price - 109,500 rubles. (RUB 105,000 + RUB 4,500). Nobody picked up the card.

The auctioneer again reduces the auction step by 0.5% of the initial contract price: 4,000 rubles. (4,500 rubles – 100,000 rubles × 0.5%) and announces a new price – 109,000 rubles. (RUB 105,000 + RUB 4,000). One of the participants picked up a card.

The auctioneer announces a new price - 113,000 rubles. (RUB 109,000 + RUB 4,000). After the price was announced three times, no one picked up the card.

The auctioneer reduces the auction step by 0.5% of the initial contract price: 3,500 rubles. (RUB 40,000 – RUB 100,000 × 0.5%). After the announcement new price(112,500 rubles (109,000 rubles + 3,500 rubles)) no one picked up the card.

In a similar manner, the auctioneer reduced the auction step to 500 rubles. This is the minimum auction step size (RUB 100,000 × 0.5%). After the next three-time announcement of the price (109,500 rubles (109,000 rubles + 500 rubles)), not a single card rose to the top. The auction participant - the current copyright holder of the property, the rights to which are being transferred, stated in writing his desire to conclude an agreement at the announced price (RUB 109,500).

The auctioneer invites participants to submit their proposals for the contract price. Since no such bids have been received, the auctioneer ends the auction. He announces the winner (the participant - the current copyright holder of the property, who agreed with the announced price of 109,500 rubles) and the participant who made the penultimate offer (109,000 rubles).

If there are no proposals to conclude an agreement at an increased price, and at the same time the auction step has already been lowered to the possible limit, and after the price was announced three times no one raised the card, the auction is considered invalid (clause 148 of the Rules, approved by order of the FAS of Russia dated February 10, 2010 No. 67).

After this, the auction organizer has the right to announce a new auction or competition (clause 151 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

When conducting an auction, the organizer must keep an audio or video recording and minutes of the auction. The protocol is signed by all present members of the commission on the day of the auction. Within the next day, the protocol should be posted on the official trading website.

The protocol must contain the following information:

about the place, date and time of the auction; about auction participants; about the initial (minimum) contract price (lot price); about the last and penultimate proposals on the contract price; on the name and location (for a legal entity), surname, first name, patronymic, residence (for an individual) of the auction winner and the participant who made the penultimate offer on the contract price.

The protocol is drawn up in two copies. One remains with the auction organizer, the other (together with the draft agreement) is transferred to the auction winner within three working days from the date of signing the protocol.

This procedure is provided for in paragraphs 143, 144 of the Rules, approved by Order of the FAS of Russia dated February 10, 2010 No. 67.

Based on the results of the auction, a contract is concluded with the winner. Conclude the contract within the period established by the auction documentation, but not earlier than 10 days from the date of posting information about its results on the official website. This procedure is established by Part 7 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ, paragraphs 96, 150 of the Rules approved by Order of the FAS of Russia of February 10, 2010 No. 67.

If the subject of the auction was only the right to conclude an agreement, then it must be signed no later than twenty days or another period specified in the notice after the completion of the auction and the execution of the protocol. In this case, the agreement may come into force not from the date of signing, but from the date established by the agreement. This is stated in paragraph 10 of the clarifications of the FAS Russia dated November 1, 2011.

It should be taken into account that the essential terms of the contract (for example, the area or purpose of the object), concluded as a result of the bidding, cannot be changed either by agreement of the parties or unilaterally (clause 13 of the clarifications of the FAS Russia dated November 1, 2011). At the same time, when concluding an agreement (or in the process of its execution), by agreement of the parties, the price of the agreement may be increased (in the manner established by the agreement) (Part 8, Article 17.1 of the Law of July 26, 2006 No. 135-FZ).

For three years after the auction, its organizer must keep:

protocols 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; audio or video recording of the auction.

This requirement is established by paragraph 149 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

Situation: which days - calendar or working - need to be taken into account when determining the date, no earlier and no later than which the auction organizer must post a notice of the auction (competition) and the deadline for concluding an agreement. Bidding is held for the right to conclude agreements providing for the transfer of rights of ownership and (or) use in relation to state (municipal) property

Determine the duration of the period in calendar days.

By general rule a notice of an auction (competition) must be posted on the official website no less than 20 days before the closing date for filing applications for participation in the auction (30 days before the closing date for filing applications for participation in the competition) (Part 5.1 Article 17.1 of the Law dated 26 July 2006 No. 135-FZ, clause 29, 103 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67).

The contract can be concluded within the period established by the bidding documentation, but not earlier than 10 days from the date of posting information about its results on the official website (Part 7, Article 17.1 of the Law of July 26, 2006 No. 135-FZ, clause 96, 150 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

At the same time, neither the order of the FAS Russia dated February 10, 2010 No. 67, nor the Law dated July 26, 2006 No. 135-FZ indicates in which days (working or calendar) the established period should be calculated. However, a number of articles (both the Rules and the Law) clearly state that to determine the period it is necessary to take into account working days (see, for example, paragraphs 33, 44, 123, 134 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67, part 10, article 18.1, part 12, article 25.1, part 3, article 25.4 of the Law of July 26, 2006 No. 135-FZ). Based on this, we can conclude that if the deadline is not set in working days, it must be calculated in calendar days. Thus, when determining the date no later than which a notice of an auction (competition) must be posted, and the date no earlier than which the auction organizer must conclude an agreement, calendar days must be taken into account, since in parts 5.1 and 7 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ and paragraphs 29, 103, 96, 150 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67 there is no indication of working days.

This conclusion is confirmed by general provisions Civil Code of the Russian Federation concerning the procedure for determining the period. The course of a period determined by a period of time begins the next day after the occurrence of the event that determined its beginning (Article 191 of the Civil Code of the Russian Federation). If the last day of the period falls on a non-working (weekend) day, the end of the period is considered the next working day (Article 193 of the Civil Code of the Russian Federation).

Since neither the order of the FAS Russia dated February 10, 2010 No. 67, nor the Law dated July 26, 2006 No. 135-FZ defines the procedure for determining the period, in the situation under consideration it is necessary to be guided by the provisions of the Civil Code of the Russian Federation (Article 2 of the Law dated 26 July 2006 No. 135-FZ). Therefore, when determining the date no earlier than which the institution must conclude an agreement, weekends must be taken into account.

In addition, this conclusion is confirmed by the fact that in the previous edition of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67, there was an indication of working days (clauses 29, 103 of the Rules approved by order of the FAS Russia dated February 10, 2010 . No. 67).

Prepared on the basis of materials from the BSS "System Glavbukh"

Each individual entrepreneur of a small (medium) business has the opportunity to enter into a contractual agreement with a municipal body of the Russian Federation for the rental of premises. The leasing of municipal property and state property has some peculiarities. When concluding such a lease agreement, a number of restrictions apply.

An agreement can be concluded 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 organizing auctions.

What types of property, the rental of which is not allowed by a state institution or is limited, the features of the procedure for concluding a lease agreement for municipal property (state property) are explained by FAS notice No. TsA/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 and government agencies have the right to lease real estate, which is registered with them as operational management, only based on 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 exceptions that simultaneously apply to AU.

Without auctions, municipal organizations can lease real estate in the following situations:

the agreement is concluded for a period of less than 30 calendar days over the last 6 calendar months;
another municipal organization, government agency, non-profit structure (also socially oriented), medical institution, structure engaged in activities in the field of education is applying to sign the lease agreement;
the transferred real estate subject to taxation is considered to be part of an area of less than 20 m 2, and the rights of 10 percent of the area of this building (premises) belong to the person transferring the relevant real estate;
a contractual agreement is signed with the individual who has only submitted an application for competitive participation in the auction (if this person meets the established standards), who is the only participant in the auction.

The obligation to sign a lease agreement before an autonomous government organization arises only in the most extreme of the listed cases (an agreement with a single participant in an organized auction or competition). In other situations, when the rental of property is provided without auctions, the copyright holder is not obliged to sign a contractual agreement, and the applicant does not have the right to put forward demands for such areas.

The organization of an auction for the rental of real estate is permitted in relation to applicants who are beneficiaries. If there is more than one such entity for one immovable state object, then the autonomous state institution has the right to refuse to lease real estate on preferential terms and organizes tenders 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 assets of autonomous entities assigned to them as operational management must be exercised as the owners of this property. When agreeing to rent out housing of 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 government agency has the right to lease space without auctions.

Tenant - educational, medical institution

What specific educational and medical organizations (budgetary institutions) are meant is indicated in the clarifications 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, subject to the appropriate license. Individual entrepreneurs (IP) whose activities are related to medicine are also considered medical organizations.

A short-term lease agreement for real estate that was not signed as a result of an auction is not renewed for a new period without organizing a tender. In this case, there is an established rule that limits the period of validity of this agreement for the rental of premises.

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

Result: legal entities and individual entrepreneurs whose main activities are related to the field of education or medicine, but with the appropriate licenses, have the opportunity to rent the space of a real estate facility 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 government agencies are allowed to lease real estate for a short-term period without organizing competitions or auctions. At the same time, it is prohibited to provide such a service to one person for more than 30 calendar days, for 6 consecutive months, without organizing tenders or competitions.

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

This means that lease agreements for property assets assigned to a municipality (Russian state) and signed for a short-term period without an auction are not renewed (Federal Law No. 135 (Article No. 17.1/9), Civil Code ()). A similar position is in the FAS Explanations (Chapter 10).

Renting part of the premises

It was previously noted that it is possible to provide lease of part of the area of a building (apartment) without a preliminary auction, but subject to the following requirements:

the area to be leased should not exceed 20 m2 and 10 percent of the area of the property to which it relates.

when establishing such a share, it is not necessary to take into account the area of the real estate, the right of use, the possession of which was transferred before the entry into force of Federal Law No. 135 (Article No. 17.1), on the basis of other exceptions determined by Federal Law No. 135 (Article No. 17.1), based on the results bidding

Tenant - contractor of the institution

It is necessary to separately note this exception to the rules for leasing municipal real estate (state property), which does not apply to autonomous entities (at least to autonomous government agencies that carry out procurement, relying on Federal Law No. 223). In this case, we mean the signing, without holding a tender, of a lease agreement with a person who has entered into 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 bidding (competition) in order to fulfill the obligations of this contract (Federal Law No. 135, Article No. 17.1/10/1).

According to the Explanations of the FAS (Chapter 9), civil agreements drawn up within the framework of Federal Law No. 223 are not considered municipal (state) agreements. 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 government agency, 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 mandatory presence of a contractor on the organization’s premises (for example, a theater purchased repair services, sewing stage costumes), provide for rent the corresponding areas are possible exclusively at organized auctions.

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

Contract extension

Existing lease agreements for municipal real estate (state property), property assets transferred to a government agency 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 fulfilled his own duties according to this agreement properly, a contract is signed for a new period without organizing an auction (unless otherwise provided for in 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 re-registration of the lease agreement must be at least 3 years (a shorter period is possible, but only if the tenant writes a corresponding application);
the amount of payment on the basis of which income for renting premises is recorded is determined based on the results of real estate assessment in accordance with market prices.

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

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

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

T Since it is possible for the tenant not to provide an extension of the lease agreement based on the adoption of a new decision on the procedure for disposing of the property, the landlord must obtain consent from the owner of the relevant property to renew the lease contract.
Posting the extension of a lease agreement in accordance with Federal Law No. 135 (Article No. 17.1/9) can be carried out an unlimited number of times according to similar grounds. It is important to comply with the requirements with each new renewal 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 the following cases:

the right to sign a lease agreement is granted to the tenant on the basis of a municipal (state) agreement;
the government agency entered into a lease contract based on the results of the auction, on the basis of a failed auction.

Subject to these requirements, real estate of any size can be subleased (Federal Law No. 135 does not provide for any restrictions in this regard). In the opposite situation, the corresponding 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.