How to conduct an auction for the right to conclude lease agreements (free use, trust management) in relation to state (municipal) property. Procedure for bidding for land lease Rent premises from the city

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

5) duration of the contract;

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

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

32. The competition organizer has the right to decide to make changes to the notice of the competition no later than five days before the deadline for submitting applications for participation in the competition. Within one day from the date of adoption of the said decision, such changes are posted by the competition organizer or specialized organization on the official bidding website. In this case, the deadline for submitting applications for participation in the competition must be extended so that from the date of posting on the official website of the auction 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 the specified decision, the organizer of the competition opens (if the postal address is not indicated on the envelope (for legal entity) or information about the place of residence (for an individual) of the applicant) envelopes with applications for participation in the competition, opens access to applications submitted in the form of electronic documents for participation in the competition 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 withdrew the application for participation in the competition within five working days from the date the competition organizer received 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 downwards 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 legal entities or a notarized copy of such an extract (for legal entities), received no earlier than six months before the date of publication of the auction notice on the official auction website; 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), duly certified translation into Russian of documents on state registration of a legal entity or individual as an individual entrepreneur in accordance with the legislation of the relevant state (for foreign individuals), 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 considered invalid only in relation to that lot in which the decision to refuse admission to participation in which was made regarding all applicants, or the decision on admission to participation in which and recognition as an auction participant was made regarding only one applicant.

XX. Auction procedure

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

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

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

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

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

141. The auction is held in the following order:

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

2) the auction begins with the auctioneer announcing the start of the auction (lot), the lot number (in the case of an auction for several lots), the subject of the contract, the initial (minimum) price of the contract (lot), the “auction step”, after which the auctioneer offers auction participants submit your proposals on the contract price;

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

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

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

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

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

142. The winner of the auction is the person who offered the highest contract price, or the current copyright holder if he has declared his desire to conclude a contract at the highest contract price announced by the auctioneer. When holding auctions in accordance with Resolution No. 333, the winner is the person who offered the highest contract price.

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

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

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

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

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

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

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

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

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

XXII. Consequences of declaring an auction invalid

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

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, with regard to payment for the operated area. True, the conclusion of an agreement with the municipality is preceded by auctions and competitions, based on the results of which the future tenant is identified.

In general, the process is considered to be quite labor-intensive, so before submitting an application, you should carefully prepare and study the materials in any way related to the procedure.

The essence and benefits of renting municipal property

The procedure for leasing municipal property consists of signing an agreement with the municipality, the subject of which is non-residential or other premises transferred for temporary use to the interested party. 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 enter into an agreement with municipal authorities is associated with the high stability of this type of transaction, as well as with the peculiarities of the rent, namely, its lower value. It is noted that a similar transaction with one or another commercial organization entails much more expenses in terms of payment for the operated 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 considerable part of the local budget is formed precisely from the receipt of revenue from the rental of non-residential premises. Accordingly, the government, both at the regional and local levels, is trying with all its might to promote the development of small businesses to a higher level.

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

In this case, municipal property can be assigned to individual enterprises and organizations, which 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 constituent entity 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 corresponding request to the local administration. Data must be provided upon request and free of charge.

Who can become a tenant

The tenants of municipal property are usually small business owners. The latter means conducting business activities within small enterprises and firms that are not associations.

Medium-sized businesses are recognized as:

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

In most cases, the goal of potential tenants is to use municipal premises for a store, office, or warehouse. An ordinary citizen is not prohibited from applying for a lease.

Contractual support of the transaction

The provision of space for rental use 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 establishes the fact of transfer of property to the temporary disposal of a third party (tenant). The contents of the document necessarily include the terms of the transaction, the amount of the fee, the timing 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 the tenant directly.

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

  1. agreement with the possibility of subsequent purchase of the premises;
  2. 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. a contract for gratuitous use, when no rental payment is provided, but the other party undertakes to return the object, taking into account acceptable wear and tear or on the terms specified in the agreement;
  5. a contract for trust management of property, implying the transfer of any premises to an enterprise for an indefinite period on the terms of disposal of the property, taking into account the interests of the original owner (the municipality);
  6. agreement for storage and simultaneous operation of property.

Although there are many options for lease agreements, a standard contract is usually used. True, the self-government 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 an economic possession to an entity at the local government level, it can be handed over to an entrepreneur exclusively on a competitive basis.

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

  • municipal unitary enterprise;
  • autonomous government agency;
  • municipal authority, subject to operational management.

In short, in most cases it is possible to obtain a municipal property for rent only after a competition or auction. The first option assumes complete confidentiality of information about competitors. Bidding involves the public submission of an application. That is, interested parties can first study the terms of offers from other applicants and formulate a more profitable option.

The procedure for conducting tenders is set out in Order No. 67 of the FAS Russia. It also contains a list of property objects in respect of which holding a tender is considered mandatory. However, the provisions of the order may be supplemented by regulations issued at the level of local municipalities. Typically, the procedure and related adjustments are publicly available on the websites of local administrations.

Procedure for renting on a competitive basis

Regardless of which option is chosen - bidding or a competition, first of all, the authority convenes a commission, which subsequently collects information about the participants, examines applications and identifies the winner. In turn, applicants will need to voice their desire to take part in the auction. For this, you should prepare a written application and collect a package of documentation.

A typical list of papers includes:

  1. constituent documents of the enterprise, certificate of registration of the legal entity;
  2. papers certifying the status of a citizen authorized to sign a lease agreement if the company wins the competition;
  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 procedure may differ slightly depending on the location of the object. Accordingly, you should first clarify the rules of the process with the local administration.

The winner of the competition or auction will be the participant who outlined the most favorable conditions for the execution of the transaction agreement. Simply put, the premises will be given for use to the applicant who announced the highest rent amount.

Is it permissible to rent without holding a competition?

Paragraph 17.1 of legal act No. 135-FZ contains an exhaustive list of options when it is allowed to transfer municipal property for rent without prior holding a competition.

The list includes the following cases:

  1. There are state or municipal preferences that are valid on the basis of Chapter 5 of Federal Law No. 135.
  2. A competition within the framework of the municipal contract has already been held previously. Moreover, the rental period should not exceed the validity period of the relevant agreement.
  3. The property is leased for a period of no more than 30 days within six months. In this case, it is not allowed to conclude a repeated agreement after the end of the specified period.
  4. An extension of the existing agreement concluded between the municipality and the enterprise is required.
  5. The right to rent 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 the property, 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 forestry, 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, authorities can provide premises or other facilities for use free of charge or on preferential terms.

Local governments can independently regulate the procedure for special rental programs, but usually preferences consist of renting out an object to an enterprise for a period of 5 years or more with the possibility of subsequent purchase. Moreover, lists of property that are subject to lease on preferential terms should be available to everyone. For example, they are posted on the Internet, printed publications, 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 tax amount is calculated by summing the rental cost for each real estate property. The invoice must be prepared within 5 days from the date of payment. Another obligation of the tenant is to submit a 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 a property from a commercial entity. In addition, there are a number of preferences and benefits for entrepreneurs. The main thing is not to forget that a lease agreement of any type is subject to mandatory registration in Rosreestr. Only after the procedure has been completed will the contract become legally binding and the facility can be operated at its own discretion.

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

An agreement can be concluded in accordance with the Federal Law () in two ways:

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

What types of property, the rental of which is not allowed by a state institution or is limited, the features of the procedure for concluding a lease agreement for municipal property (state property) are explained by FAS notice No. TsA/16309/14.

In this article

Rules, exceptions

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

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

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

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

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

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

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

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

Tenant - educational, medical institution

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

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

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

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

Result: legal entities and individual entrepreneurs whose main activities are related to the field of education or medicine, but with the appropriate licenses, have the opportunity to rent the space of a real estate facility of an autonomous municipal organization (state institution) without participating in auctions.

Short term rental

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

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

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

Renting part of the premises

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

  • the area to be leased should not exceed 20 m2 and 10 percent of the area of ​​the property to which it relates.
  • when establishing such a share, it is not necessary to take into account the area of ​​the real estate, the right of use, the possession of which was transferred before the entry into force of Federal Law No. 135 (Article No. 17.1), based on other exceptions determined by Federal Law No. 135 (Article No. 17.1), based on the results bidding

Tenant - contractor of the institution

It is necessary to separately note this exception to the rules for leasing municipal real estate (state property), which does not apply to autonomous entities (at least to autonomous government agencies that carry out procurement, relying on Federal Law No. 223). In this case, we mean the signing, without holding a tender, of a lease agreement with a person who has entered into a contract with a municipal (state) organization based on the results of an auction (on a competitive basis) organized in accordance with Federal Law No. 44. At the same time, the rights granted were provided for by documented bidding (competition) in order to fulfill the obligations of this contract (Federal Law No. 135, Article No. 17.1/10/1).

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

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

Contract extension

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

In this situation, two mandatory conditions must be met:

  • the minimum period for re-registration of the lease agreement must be at least 3 years (a shorter period is possible, but only if the tenant writes a corresponding application);
  • the amount of payment on the basis of which income for renting premises is recorded is determined based on the results of real estate assessment in accordance with market prices.

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

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

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

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

Sublease

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

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

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

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