FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2009 No. 381-FZ

About bases of state regulation of trading activity in the Russian Federation

Accepted by the State Duma of the Russian Federation on December 18, 2009

Approved by Council of Russian Federatsii25 of December, 2009

Chapter 1. General provisions

Article 1. Purposes and scope of this Federal Law

1. This Federal Law determines bases of state regulation of trading activity in the Russian Federation (further - trading activity) and activities for research of the goods markets.

2. The purposes of this Federal Law are:

1) ensuring unity of economic space in the Russian Federation by establishment of requirements to the organization and implementation of trading activity;

2) development of trading activity for the purpose of requirements satisfaction of industries of economy in the made products, ensuring goods availability for the population, forming of competitive environment, support of the Russian producers of goods;

3) ensuring compliance with the rights and legitimate interests of legal entities, the individual entrepreneurs performing trading activity (further - the business entities performing trading activity), the legal entities, individual entrepreneurs performing deliveries of the made or purchased goods, held for use them in business activity, including for sale or resale (further - the business entities performing deliveries of goods), balance of economic interests of the specified business entities, and also providing at the same time observance of the rights and legitimate interests of the population;

4) differentiation of powers between federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies in the field of regulation of trading activity;

5) ensuring reliability of results of activities for research of the goods markets.

3. This Federal Law governs the relations arising between public authorities, local government bodies and business entities in connection with the organization and implementation of trading activity and activities for research of the goods markets and also the relations arising between business entities when implementing by them of trading activity and activities for research of the goods markets.

4. Provisions of this Federal Law are not applied to the relations connected with the organization and implementation:

1) foreign trade activity;

2) activities for carrying out the organized biddings;

3) sales activities of goods in the retail markets;

4) purchase and sale of securities, real estate objects, industrial goods, including electrical energy (capacity), heat energy and capacity, and also other types of energy resources.

4.1. Article 13 provisions (except for the subitem "d" of item 4 and Item 6 parts 1) and article 14 of this Federal Law do not extend to the business entities performing trading activity, the business entities performing deliveries of food products which revenue (their group of persons determined according to the antitrust law) from sales of goods for the last calendar year does not exceed eight hundred million rubles, and also the business entities performing trading activity by means of the organization of retail chain stores, the consolidated revenues from which sales of goods within one retail chain stores for the last calendar year do not exceed eight hundred million rubles.

4.2. Provisions of Chapter 2.1 of this Federal Law are not applied to persons whose revenue (their group of persons determined according to the antitrust law) for the last calendar year does not exceed eight hundred million rubles.

4.3. Provisions of Chapter 2.1 of this Federal Law are not applied to organizers of researches of the goods markets in the following cases:

1) activities for research of the goods markets are performed to own advantage the organizer of researches of the goods markets and (or) persons entering its group of persons, both results of the conducted researches of the goods markets and the obtained data are not subject to transfer to persons which are not entering with such organizer of researches of the goods markets one group of persons according to the Federal Law of July 26, 2006 No. 135-FZ "About protection of the competition" (further - the Federal Law "About Protection of the Competition");

2) the research of the goods market is conducted by request of public authority and (or) local government body or the organizations which are under their authority;

3) the research of the goods market is conducted according to the Federal Laws and other regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation with use of information containing in the state information systems, and also in other information systems created according to the Federal Law, the law of the subject of the Russian Federation or municipal regulatory legal act.

4.4. Provisions of parts 11 - the 17th article 10 of this Federal Law do not extend to the non-stationary shopping facilities placed by peasant farms according to the procedure, No. 74-FZ established by the Federal Law of June 11, 2003 "About peasant farm" and also to the non-stationary shopping facilities placed by agricultural consumer cooperatives according to the procedure, No. 193-FZ established by the Federal Law of December 8, 1995 "About agricultural cooperation".

5. The relations arising between business entities when implementing of trade by them in the goods limited in turnover procedure and conditions of their sale are regulated by the Federal Laws on turnover of such goods.

6. The anti-monopoly rules established by Chapter 3 of this Federal Law, requirements, prohibitions on actions (failure to act) of business entities extend also to actions (failure to act) of persons entering with them one group of persons according to the Federal Law "About Protection of the Competition".

7. For the purposes of this Federal Law the term "goods market" is used in the value determined by the Federal Law "About Protection of the Competition".

8. The stipulated in Clause 12.1 presents of the Federal Law of obligation of the organizer of researches of the goods markets extend also to persons entering with it one group of persons according to the Federal Law "About Protection of the Competition".

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) trading activity (further also - trade) - the type of business activity connected with acquisition and sales of goods;

2) wholesale trade - the type of trading activity connected with acquisition and sales of goods for their use in business activity (including for resale) or in other purposes which are not connected with personal, family, home and other similar use;

3) retail trade - the type of trading activity connected with acquisition and sales of goods for their use in the personal, family, house and other purposes which are not connected with implementation of business activity;

4) the shopping facility - the building or part of the building, structure or part of structure, construction or the part of construction which are specially equipped with the equipment intended and used for the calculation, goods demonstration, servicing of buyers and carrying out cash settlings with buyers in case of sales of goods;

5) the stationary shopping facility - the shopping facility representing the building or part of the building, structure or part of structure firmly connected by the base of such building, structure with the earth and connected (technologically attached) to networks of engineering facilities;

6) the non-stationary shopping facility - the shopping facility representing the shoddy construction, temporary structure or temporary design which is not connected firmly with the parcel of land regardless of availability or lack of connection (technological accession) to networks of engineering facilities (including portable construction), or the mobile shopping facility;

6. 1) the mobile shopping facility - the non-stationary shopping facility representing the vehicle including the motorized vehicle or the vehicle intended for movement in structure with the motorized vehicle (including mobile shop, autoshop, the trailer, truck tank);

7) the area of the shopping facility - the room intended for the calculation, goods demonstration, servicing of buyers and carrying out cash settlings with buyers in case of sales of goods, pass of buyers;

8) retail chain stores - set of two and more shopping facilities which belong legally to the business entity or several business entities entering one group of persons according to the Federal Law "About Protection of the Competition" or set of two and more shopping facilities which are used under single commercial designation or other means of individualization;

9) food products - the products in the natural or processed type which are in circulation and eaten by the person (including products of baby food, products of dietary food), the butylated drinking water, alcoholic products, beer and drinks made on its basis, soft drinks, chewing gum, nutritional supplements and dietary supplements;

10) services in promotion of goods - the services rendered to the business entities performing deliveries of food products to retail chain stores for the purpose of promotion of food products including by advertizing of food products, implementation of their special calculation, research of the consumer demand, preparation of the reporting containing information on such goods, or implementation of other activities directed to promotion of food products;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info