13.4.6. Income from the rental of property (Pacht) This type of income includes income received from the rental of any movable and immovable property, for example: land plots; buildings and their parts (for example, apartments); sea ​​and river vessels; cars and

1. The conclusion of lease agreements, agreements for gratuitous use, agreements for trust management of property, and other agreements providing for the transfer of rights of ownership and (or) use in relation to state or municipal property that is not secured by the right of economic management or operational management can be carried out only based on the results holding competitions or auctions for the right to conclude these agreements, with the exception of granting the specified rights to such property:

1) on the basis of international treaties of the Russian Federation (including intergovernmental agreements), federal laws establishing a different procedure for disposing of this property, acts of the President of the Russian Federation, acts of the Government of the Russian Federation, court decisions that have entered into legal force;

2) state bodies, local government bodies, as well as state extra-budgetary funds, the Central Bank of the Russian Federation;

3) state and municipal institutions;

(see text in the previous edition)

4) non-profit organizations created in the form of associations and unions, religious and public organizations (associations) (including political parties, social movements, public funds, public institutions, public amateur bodies, trade unions, their associations), primary trade unions organizations), associations of employers, homeowners' associations, socially oriented non-profit organizations, provided they carry out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as other types of activities provided for in Article 31.1 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations";

(see text in the previous edition)

5) lawyers, notaries, chambers of commerce and industry;

6) medical organizations, organizations carrying out educational activities;

(see text in the previous edition)

7) for the placement of communication networks, postal facilities;

(see text in the previous edition)

8) a person who has the rights to own and (or) use a network of engineering and technical support, if the transferred property is part of the corresponding network of engineering and technical support and this part of the network and the network are technologically connected in accordance with the legislation on urban planning activities, the person , which has been assigned the status of a single heat supply organization in heat supply price zones in accordance with Federal Law of July 27, 2010 N 190-FZ “On Heat Supply”;

(see text in the previous edition)

10) a person with whom a state or municipal contract was concluded based on the results of a competition or auction held in accordance with Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs ", if the provision of these rights was provided for by the tender documentation, auction documentation for the purposes of the execution of this state or municipal contract, or to the person with whom the state or municipal autonomous institution concluded an agreement based on the results of a competition or auction held in accordance with the Federal Law of July 18 2011 N 223-FZ "On the procurement of goods, works, services by certain types of legal entities", if the provision of these rights was provided for in the procurement documentation for the purposes of the execution of this contract. The period for granting the specified rights to such property cannot exceed the period for the execution of a state or municipal contract or agreement;

(see text in the previous edition)

11) for a period of no more than thirty calendar days over six consecutive calendar months (granting the specified rights to such property to one person for a total period of more than thirty calendar days over six consecutive calendar months without holding competitions or auctions is prohibited);

12) in exchange for real estate, the rights in respect of which are terminated in connection with the demolition or reconstruction of the building, structure, structure of which such real estate is or part of, or in connection with the granting of rights to such real estate to state or municipal organizations carrying out educational activities, medical organizations. In this case, the real estate, the rights to which are granted, must be equivalent to the previously owned real estate in location, area and value determined in accordance with the legislation of the Russian Federation regulating valuation activities. The conditions under which real estate is recognized as equivalent to previously owned real estate are established by the federal antimonopoly authority;

(see text in the previous edition)

13) to the legal successor of a privatized unitary enterprise in the event that such property is not included in the assets of the privatized unitary enterprise subject to privatization, but is technologically and functionally connected with the privatized property and is classified by federal laws as objects of civil rights, the circulation of which is not allowed, or to objects that can only be in state or municipal ownership;

14) being part or parts of a premises, building, structure or structure, if the total area of ​​the transferred property is no more than twenty square meters and does not exceed ten percent of the area of ​​the corresponding premises, building, structure or structure, the rights to which belong to the person transferring such property ;

15) the person who submitted the only application for participation in the competition or auction, if the said application meets the requirements and conditions provided for by the competition documentation or auction documentation, as well as the person recognized as the only participant in the competition or auction, on the terms and at the price, which are provided for in the application for participation in a competition or auction and the competition documentation or auction documentation, but at a price not less than the initial (minimum) price of the contract (lot) specified in the notice of the competition or auction. At the same time, for the auction organizer, the conclusion of the contracts provided for in this part in these cases is mandatory;

16) transferred for sublease or for free use by a person to whom the rights of ownership and (or) use in relation to state or municipal property were granted based on the results of an auction or in the event that such an auction is declared invalid, or in the event that these rights are granted on the basis of state or municipal contract or on the basis of paragraph 1 of this part.

2. The procedure for concluding contracts specified in part 1 of this article does not apply to property, the disposal of which is carried out in accordance with the Land Code of the Russian Federation, the Water Code of the Russian Federation, the Forestry Code of the Russian Federation, the legislation of the Russian Federation on subsoil, the legislation of the Russian Federation on concession agreements, legislation of the Russian Federation on public-private partnership, municipal-private partnership.

(see text in the previous edition)

3. In the manner prescribed by Part 1 of this article, lease agreements, gratuitous use agreements, and other agreements providing for the transfer of ownership and (or) use rights in relation to:

1) state or municipal real estate, which belongs to state or municipal unitary enterprises by the right of economic management or operational management;

2) state or municipal real estate assigned to state or municipal autonomous institutions with the right of operational management;

3) state or municipal property, which belongs by right of operational management to state or municipal budgetary and government institutions, state bodies, local governments.

(see text in the previous edition)

3.1. The conclusion of lease agreements in relation to state or municipal property of state or municipal educational organizations that are budgetary institutions, autonomous institutions, budgetary and autonomous scientific institutions is carried out without holding competitions or auctions in the manner and on the terms determined by the Government of the Russian Federation, while simultaneously complying with the following requirements :

(see text in the previous edition)

1) tenants are business companies created by the institutions specified in paragraph one of this part;

2) the activities of the tenants consist in the practical application (implementation) of the results of intellectual activity (programs for electronic computers, databases, inventions, utility models, industrial designs, selection achievements, topologies of integrated circuits, production secrets (know-how), the right to use which contributed as a contribution to their authorized capital;

3) lease agreements establish a ban on the sublease of this property provided to business companies under such lease agreements, the transfer by business companies of their rights and obligations under such lease agreements to other persons, the provision of this property for free use, and the pledge of such lease rights.

3.2. The conclusion of lease agreements, agreements for gratuitous use in relation to state or municipal property of state or municipal organizations engaged in educational activities is carried out without holding competitions or auctions if these agreements are concluded with:

1) medical organizations to protect the health of students and employees of organizations carrying out educational activities;

2) public catering organizations to create the necessary conditions for organizing meals for students and employees of organizations carrying out educational activities;

3) physical education and sports organizations to create conditions for students to engage in physical education and sports.

(see text in the previous edition)

5. The procedure for holding competitions or auctions for the right to conclude contracts specified in parts 1 and this article, and the list of types of property in respect of which the conclusion of these contracts can be carried out through bidding in the form of a competition, are established by the federal antimonopoly body.

5.1. In accordance with Part 6 of this article, a notice of a competition is posted no less than thirty days before the deadline for submitting applications for participation in the competition, a notice of an auction is posted no less than twenty days before the deadline for submitting applications for participation in an auction.

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 only 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 the Russian Federation" can participate in the competition ", 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 applications for participation in the competition submitted in the form of electronic documents and sends appropriate notifications to all applicants. If a requirement for a deposit is established, the competition organizer returns to the applicants the funds 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 completion 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 the best conditions for the execution of the contract proposed in applications for participation in the competition, the assessment and comparison of these applications is carried out at the price of the contract (with the exception of the provision of state or municipal property by business incubators for rent (sublease) to small and medium-sized businesses, as well as heat supply, water supply and (or) sanitation facilities) 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 closing date 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 agreement;

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 identity documents (for other individuals), a duly certified translation into Russian of documents on state registration of a legal entity 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 publication of the auction notice on the official auction website;

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 carry out actions 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 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 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 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 bid for the contract price has been announced three times, none of the auction participants has declared their 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 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.