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

5) the term of the contract;

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

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

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

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

VII. Tender documentation

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

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

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

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

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

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

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

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

Information about changes:

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

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

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

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

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

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

Information about changes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

77. To determine better conditions execution of the contract proposed in the bids for participation in the competition, evaluation and comparison of these bids 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 objects of heat supply, water supply and ( or) water disposal) and other criteria specified in the tender documentation. At the same time, the criteria for evaluating bids for participation in the tender, in addition to the price of the contract, can be:

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

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

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

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

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

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

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

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

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

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

d) the payback period of the project.

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

Information about changes:

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

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

XVII. Auction documentation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11) place, date and time of the auction;

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

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

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

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

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

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

Information about changes:

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

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

Information about changes:

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

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

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

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

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

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

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

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

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

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

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

Information about changes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

XX. Auction procedure

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

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

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

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

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

141. The auction is held in the following order:

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

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

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

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

5) if, after the auctioneer announced the price of the contract three times, not a single auction participant raised the card, the auction participant who duly performed his duties under the previously concluded agreement in relation to the property, the rights to which are transferred under the agreement, and who notified the auction organizer in writing of the desire to conclude the agreement ( hereinafter referred to as the current copyright holder), has the right to declare his desire to conclude an agreement at the price of the agreement announced by the auctioneer;

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

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

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

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

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

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

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

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

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

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

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

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

XXII. Consequences of declaring an auction invalid

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

Renting municipal property is considered a fairly common option for obtaining premises for temporary use. And this is not at all surprising, because this method has a number of advantages. In particular, in relation to the payment for the exploited area. True, the conclusion of an agreement with the municipality is preceded by auctions and competitions, as a result of which the future tenant is identified.

In general, the process is recognized as quite laborious, therefore, before submitting an application, it is worth carefully preparing and studying the materials in any way related to the procedure.

The essence and benefits of renting municipal property

The procedure for renting municipal property consists in signing an agreement with the municipality, the subject of which is a non-residential or other premises transferred for temporary use to an interested person. Moreover, recently there has been an active increase in the level of popularity of this method of obtaining space for conducting any type of activity.

In most cases, the tendency to conclude an agreement with the municipal authorities is associated with the high stability of such transactions, as well as with the peculiarities rent, namely, with a lower value. It is noted that a similar transaction with one or another commercial organization entails much more expenses under the item of payment for the exploited area. But the municipality is more loyal in this regard.

Such benevolence on the part of the authorities is due to the fact that a large part of the local budget is formed precisely by gaining revenue from the rental of non-residential premises. Accordingly, the government, both at the regional and local levels, is doing its best to promote the development of small business to a higher level.

Article 215 of the Civil Code of the Russian Federation explains that municipal property is understood as non-residential or residential type objects belonging to a particular subject of the Russian Federation on the basis of ownership. In particular, any administrative-territorial unit of the country - a city, town, village and any other entity, or rather, its authority, can act as the owner and manager. The main thing is that local self-government is carried out at the level of the subject.

At the same time, municipal property can be assigned to individual enterprises and organizations that receive the right to own and dispose of the object. If this does not happen, the property is included in the municipal treasury of the subject of the Russian Federation.

Typically, information about objects provided for rent is posted on specialized Internet sites, in particular, on the websites of local authorities. If such information is not available for some reason, anyone can send a request to the local administration. Data must be provided upon request, and free of charge.

Who can become a tenant

Small business owners usually act as tenants of municipal property. The latter means doing business within the framework of small enterprises and firms that are not associations.

Medium business entities are:

• individual entrepreneurs (IP);
• various types of cooperatives (consumer, production, agricultural);
• peasant and farm enterprises;
• partnerships or communities of economic type.

In most cases, the goal of potential tenants is the use of municipal premises for a shop, office, warehouse. It is not forbidden to apply for rent to an ordinary citizen.

Contractual support of the transaction

The provision of space for lease is always accompanied by the conclusion of an appropriate agreement. The operation of municipal premises is not considered an exception.

In a legal sense, a lease agreement fixes the fact of the transfer of property to the temporary disposal of a third party (tenant). The content of the document necessarily includes the terms of the transaction, the amount of the fee, the terms of contributions and other points. Moreover, such an agreement acquires real force only after it is signed by both parties - the owner of the property and directly the tenant.

And here it is worth identifying the existing types of lease agreements for municipal property. Allocate:

1. agreement with the possibility of subsequent redemption of the premises;
2. a long-term lease agreement, when the validity period of the document is several years;
3. a current lease agreement involving temporary use of the premises;
4. gratuitous use agreement, when the rental fee is not provided, but the second party undertakes to return the object, taking into account the allowable wear and tear or on the terms specified in the agreement;
5. a contract for trust management of property, which implies the transfer to the enterprise of any premises for an indefinite period on the terms of disposal of property, taking into account the interests of the original owner (municipality);
6. contract for the storage and simultaneous operation of property.

Although there are many options for lease agreements, a standard contract is usually used. True, the self-governing bodies of a particular subject of the Russian Federation have the right to adjust and establish their own procedure for conducting such transactions. The main thing is that the actions of administrative bodies do not contradict the law.

Legal act No. 135-FZ determines that if the property is not assigned as economic possession to an entity at the local government level, it can be handed over to an entrepreneur solely on a competitive basis.

A similar procedure will apply if the premises are owned by:

• municipal unitary enterprise;
• autonomous state institution;
• municipal body, subject to operational management.

In a word, in most cases, it is allowed to get a municipal object for rent only after a tender or auction. The first option assumes complete confidentiality of information about competitors. Bidding also involves the public filing of an application. That is, interested parties can first study the terms of proposals from other applicants and form a more profitable option.

The auction procedure is set out in Order No. 67 of the Federal Antimonopoly Service of Russia. It also contains a list of property objects in respect of which the tender is considered mandatory. However, the provisions of the order can be supplemented by regulations issued at the level of local municipalities. Usually, the procedure and related adjustments are publicly available on the websites of the administration of settlements.

The procedure for renting on a competitive basis

Regardless of which option is chosen - an auction or a competition, first of all, a commission is convened by the authority, which subsequently collects information about the participants, studies the applications and determines the winner. In turn, applicants will need to voice their desire to participate in the auction. For him, you should prepare a written application and collect a package of documentation.

A typical list of securities includes:

1. constituent documents of the enterprise, certificate of registration of a legal entity;
2. papers certifying the status of a citizen empowered to sign a lease agreement if the company wins the tender;
3. bank details of the candidate for renting the premises;
4. accounting documentation reflecting information about the balance sheet of the enterprise.

It is important to understand that the order of the procedure may differ slightly depending on the location of the object. Accordingly, the rules of the process should first be clarified in the local administration.

The winner of the competition or auction will be recognized as the participant who stated the most profitable terms for the execution of the contract. Simply put, the premises will be given for use to the applicant who announced the highest amount of rent.

Is it possible to rent without holding a tender?

Section 17.1 legal act No. 135-FZ contains an exhaustive list of options when it is allowed to transfer municipal property for rent without a preliminary tender.

The list includes the following cases:

1. There are state or municipal preferences that have effect on the basis of Chapter 5 of the Federal Law No. 135.
2. The competition within the framework of the municipal contract has already been held earlier. Moreover, the lease period should not exceed the term of the relevant agreement.
3. The subject is leased for a period of not more than 30 days within six months. At the same time, it is not allowed to conclude a re-agreement after the end of the specified period.
4. An extension of the already existing agreement concluded between the municipality and the enterprise is required.
5. The right to lease is granted on the basis of an international treaty of the Russian Federation, acts of the President of the Russian Federation, acts of the Government of the country, a federal legislative act establishing a different procedure for disposing of an object, as well as specialized court decisions.

In addition, without holding a competition, the premises can be leased to the following institutions and associations:

• religious organizations;
• unions;
• political parties;
• public funds;
• lawyer and notary offices;
• medical and educational institutions;
• post office, post office.

As well as other authorities of municipal or federal significance, extra-budgetary funds, the Central Bank and institutions of the forest, land, water funds of the Russian Federation.

Privileges

In 2019, preferences are provided for small business owners when renting municipal property. Federal Law No. 209 in Article 18 reveals the essence of such privileges. First of all, the authorities can provide premises or other facility for use free of charge or on preferential terms.

Local self-government can independently regulate the procedure for special rental programs, but usually preferences consist in renting an object to an enterprise for a period of 5 years or more with the possibility of subsequent redemption. Moreover, lists of property objects to be leased on preferential terms should be available to everyone. For example, they are posted on the Internet, in print media, on information stands and announced on TV.

Taxation

Another point that should not be forgotten is the calculation of VAT when renting. The subject here is the tenant company.

The amount of tax is calculated by summing up the cost of rent for each immovable property. The invoice must be prepared within 5 days from the date of payment. Another obligation of the tenant is to submit the VAT return to the tax authorities by the 20th day of the month following the tax period.

Renting municipal property is not a simple procedure, but for small business owners this option is the most optimal, because the cost of using the premises in this case will be somewhat lower than, for example, when renting an object from a commercial entity. In addition, there are a number of preferences and benefits for entrepreneurs. Most importantly, do not forget that a lease agreement of any type is subject to mandatory registration in Rosreestr. Only after the procedure has been completed, the contract will become legally binding and the facility can be operated at its discretion.

Are you looking for information about municipal property rental auctions in Moscow because it is inexpensive and reliable? It is possible that for one reason or another there is a need for you to sign a lease agreement for a residential or non-residential premises owned by city authorities or even the state. In this case, the municipal rental of premises in Moscow is what will allow you to rent a suitable object.

At the same time, GlavUpDK under the Ministry of Foreign Affairs of Russia brings to your attention information about auctions for the lease of federal property - i.e. owned by the state The secret lies in the fact that state-owned non-residential real estate practically does not fall into the databases of real estate agencies. For this reason, many simply do not know that there is an opportunity to rent an object at a lower price. It is also necessary to distinguish the lease of federal real estate from the lease of real estate received during the auction for the lease of municipal premises.

The GlavUpDK company under the Ministry of Foreign Affairs of Russia regularly organizes and conducts auctions for the lease of federal real estate transferred to its management on the right of economic management. If you are looking for office space, be sure to visit our website, where you can get acquainted with rental offers and become a participant in the auction - the benefits of signing a lease agreement are quite obvious, because you can conclude an absolutely legal lease agreement that will protect your interests as a tenant.

Auction Rules:

The auction is held in accordance with the current legislation, which obliges Federal State Unitary Enterprises to put up all the premises offered for rent for auction. If only one application is submitted, the auction is declared invalid, and the contract is signed with the potential tenant who submitted the only application at the minimum (starting) rental rate. In the event that several participants apply for the same premises, an auction is held, during which the rates may increase significantly during the auction.

In order to become a participant in the real estate rental auction, you must fill out an application, where your data will be indicated, as well as attach constituent documents and a document confirming the payment of the deposit. Before the start of the auction, the client has the right to refuse to participate and withdraw the submitted application.

If you become the winner of the auction, then you need to conclude a lease agreement within 20 days from the date of the auction. In this case, the deposit to the winner of the auction will be returned or accepted towards the fulfillment of obligations under this agreement.

But if the contract for one reason or another is not signed by the winner within the specified time, then the deposit will not be returned to him.

If you have any questions about the rules of the auction, you can contact our consultants by phone or by e-mail indicated on the site.

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

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

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

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

In this article

Rules, exceptions

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

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

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

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

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

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

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

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

Tenant - educational, medical institution

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

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

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

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

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

Short term rental

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

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

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

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

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

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

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

Tenant - contractor of the institution

It is necessary to separately note such an exception to the rules for renting municipal real estate (state property), which does not apply to ACs (at least to autonomous state institutions that make purchases relying on Federal Law No. 223). In this case, this refers to the signing without bidding of a lease agreement with a person who has concluded a contract with a municipal (state) organization following 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 (FZ No. 135, Article No. 17.1/10/1).

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

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

Prolongation of the contract

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

In this situation, two mandatory conditions must be met:

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

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

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

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

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

Sublease

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

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

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