Rules for the sale of food products. Rules for trade in non-food goods. Statistical Report on Trade

29.03.2019

The legislation of our country constantly undergoes changes, they do not bypass the party and the rules of trade. More information about what regulations must be followed in the implementation of entrepreneurial activities in the field of retail in 2017 - read in our material.

An important document for all firms and entrepreneurs engaged in retail trade is the Government Decision Russian Federation 19.01.1998 No. 55. This document was approved in accordance with the law "On the protection of consumer protection", which means to fulfill the requirements of the ruling need to be strictly. Periodically B. this document Changes are made, which means entrepreneurs must always be aware of the amendments and know the new editions of the text of the decision.

Trade rules are designed to regulate the relationship of sellers and buyers. For each type of food and not food products Sales requirements will be different. But there are also general main provisions governing the activities of all retailers in our country. As you know, controlling the work of retail stores is carried out by various structures - the management of Rosportbnadzor, the State Fireman Supervision, the Tax Office and others. If you detect violations of one or another Retail Trade Rule, a legal entity can attract administrative responsibility, and in the worst case even to criminal. For example, for non-compliance with sanitary rules and hygienic norms The entrepreneur faces a fine of 500 rubles, and the company is from 10 thousand rubles; If the store has sanitary and hygienic requirements for food products, then the businessman can fly up to 3 thousand rubles, and the company - in the amount of up to 30 thousand.

Each entrepreneur carrying out activities in the field of retail trade must be found in GOST R 51304-2009. The document establishes the types of trade services, general requirements The quality of services, the safety requirements provided in the field of trade.

In general, when the retail trade of goods must be performed:

Sanitary rules. Their observance is mandatory condition Entrepreneurial activity in the field of trade. They regulate the placement of trade enterprises, their layout, technical device (sewage, ventilation, heating, lighting), labor conditions of sellers, storage of goods, sale of food products and many other aspects. It is especially necessary to note the stores engaged in food raw materials and food products - there are special, more "tough" requirements in accordance with the Sanitary and Epidemiological Rules of the SP 2.3.6.1066-01. They are approved by the Federal Center for GosanaPidnadzor of the Ministry of Health of Russia.

rules fire safety. When trading in retail stores, sellers are obliged to know and follow the instructions on fire safety measures. These include the requirements for the content of the adjacent territory and premises of trade, the primary means of fire extinguishing at the enterprise, the rules of operation of electrical equipment, as well as the duties and actions of workers in the fire and other regulations.

It should be remembered that the main task For enterprises in the implementation of retail sales, is to ensure the safety of life and the preservation of consumer health. Therefore, an individual entrepreneur or organization, regardless of the organizational and legal form, in the implementation of the retail sale of goods, are obliged to strictly comply with the requirements established in the regulatory legal acts of documents, state standards and the rules of the Russian Federation.

Rules for the sale of certain types of goods approved by the Decree of the Government of the Russian Federation, quite clearly regulate the organization of work in the retail store. And the first important aspect In this key, this is the information that obligatory Must "report" enterprises of retail trade in their customers. For ease of familiarization, all major documentation can be placed in a special "corner of the buyer" or on information benchSince the data should be freely access for each visitor to your store.

Each buyer should be available to familiarize the rules for the sale of certain types of goods, approved by the Decree of the Government of the Russian Federation of 19.01.98. No. 55.

The book of feedback and suggestions should also be mandatory in your store that carries out retail sales, and is provided to the buyer on the first requirement.

The main rules of retail trade oblige entrepreneurs to bring to consumers to the company name of the organization, organizational and legal form, as well as the address, operation mode - all this information should be presented on the store's sign. The corner of the buyer must have documentation confirming the state registration of the store.

If the activity of your enterprise should be challeded, the license, as well as information about it by issuing it, should also be also brought to the attention of buyers of goods.

In an affordable place, it is also necessary to hang the phones of the organs controlling the activities of the retail enterprise, and information on the procedure for the return of goods.

Also, such information should also be available for buyers of goods as the surname and initials of sellers (store employees must have badges), as well as location indicators in the store. It is necessary for the convenience of visitors and will help "accelerate" the process of selling various goods.

According to the main rules of sale, all goods in the store must be provided with price tags - they must be uniformly decorated, the cost of goods on the price tag should be clearly visible. It should also contain the exact product name, weight, printing organization, selling, and the date when the price tag was decorated.

As you know, enterprises carrying out retail sales should provide for their customers the necessary conditionsSo that they could choose the right product. That is why the rules of sale provide for a number of requirements for the provision of information about the goods.

Prior to the attention of consumers, reliable information about the product should be communicated: its correct and complete name, data on the manufacturer, documents confirming the product compliance with quality standards, data on the consumer properties of products, the rules of its use, warranty period and shelf life. Also mandatory information is the price of goods. The consumer should provide information on the disadvantages of goods if they were in use or were repaired.

Taking into account the very difficult economic situation in the country, the Russian government was forced to introduce a number of edits and additions to articles of laws, one way or another affecting small and big business. The government's decree in the last edition entered into force from January 2016. The main changes affected:

purchase in the form of tax holidays for IP;
tightening the rules for the implementation of tobacco and alcoholic beverages, etc.

We offer to stay on the topic of trade and its rules for IP Food and non-food groups of goods.

Trade Rules 2018: Government Decree

The main changes affected the rules for the implementation of certain groups of non-food and food products by any ways: remote / exit trade, indoors, on trading platforms, stores, at catering enterprises, etc. introduced new rules for IP on the design of price tags, according to which the buyer will be available full information over all products.

New rules affected retail and wholesale implementation. It is planned to develop similar rules and on other types of services. Also the modified rules for the registration of new entrepreneurs (IP) and tax standards.

Food Products: Criteria

Decree of the Government of Russia from the end of last 2017, changes were made to the rules for the implementation of food, as well as individual groups of non-food products (for IP). The same resolution, which has entered into legal force from January of the current 2018, has a list of products. long lasting The use on which is not provided for the replacement for the buyer (consumer), as well as a non-food group of goods inappropriate, not refundable and exchange.

Commission fees are established, the rules of compliance with epidemiological norms, etc. in retail organizations and enterprises are prescribed catering. FROM full list can be found on official thematic resources or download full text free online on our page.

Non-food trade in the Russian Federation 2018

The updated rules are designed to improve the quality of customer service by entrepreneurs (IP). They established a special regulation for controlling authorities. But basic standards, including preparatory work remained unchanged:

products should be appropriate and enter the counters only after sorting and thorough quality verification;
products must be framed;
the seller must have a sanitary book, a headdress and overalls;
if there is weight products in the workplace, there must be scales, for some groups there is a mandatory availability of the cash register.

The implementation rules in the store oblige sellers / managers to equip the corner of the buyer at which there must be a book of complaints and suggestions, licenses for groups of goods subject to licensing, and must also contain information about the operation of the trading point and the protection of consumer rights. At the request, the Seller must submit sanitary documents for any product.

Calculation of ENVD in 2018 for IP Example Retail

The calculation of UNVD (a single tax on imputed income) on retail trade for IP consists of five indicators that are correctly multiplied with each other:

The database - the yield base is 1.8 thousand per square meter, subject to the area exceeding 5 sq. M;
FP is an indicator of physical, the size of a useful area (commercial premises) is applied;
NB - in this embodiment equals 15%;
K1 - the coefficient of the deflator is established by the Government Decree on an annual basis, for 2017-2018 is 1.798;
K2 - the correction coefficient has a regional binding, can vary from 0.05 to a whole unit.

The formula for calculating the tax in one month has the following form: database * FP * NB * K1 * K2 \u003d UNVD.

Trade Rules for Alcohol Products from January 1, 2018

The real rules for the sale of alcohol products dictate their rules ranging from delivery / reception and ending with its implementation. When taking alcoholic and low-alcohol products, the seller / other responsible person for receiving goods is obliged to check the products for their compliance with the invoice (quality, quantity, integrity of excise, etc. Parameters). Products must be equipped with price tags with full and accessible information for the buyer, stored under the appropriate conditions, according to the manufacturer's recommendations, etc.

Alcoholic and low alcohol products can only be implemented in stationary rooms intended for retail or wholesale. When implementing goods of this group, compulsory scanning is provided (all bar codes must be available) and consumers should be issued checks (that is, mandatory sale through the cash register). Sale of alcohol From January 1, 2018, the sale time is also limited: the retail sales of the period from 23.00 to 8.00 is prohibited.

Control and regulate the compliance with the rules and requirements according to the Government Decree, which began to enter into force from January of the current year, prescribed to EGAIS (lies with the responsibility for monitoring). In order to simplify the tasks of entrepreneurs (IP), they obliged to connect to shared access through a special program that connects through the computer (cash register). The present rules of the innovation not only for the Russian Federation, such norms also contains the legislation of the countries of the former CIS: in the Republic of Belarus, in Ukraine, etc.

Beer Law For Sale of Beer In 2018, the Rules for Trading Beer

Yejais, "Smart Cashs", new reports - to these and other innovations that entered into force from the first numbers of January, the authorities were preparing retail in advance. Details about basic changes in the field of trade and catering, read in the article by the St. Petersburg legal portal.

Entrepreneurs working in the field of trade, this year will have to spend a lot. Starting January 1, 2016, they need to connect to the EGAIS, take care of the purchase of the new generation of cash register equipment, go to new sanitary rules. Power, however, gives business some crossings, providing deferred to punishments and tax deductions.

Statistical Report on Trade

() Until February 5, 2016, the microenterprises in the field of trade must be supplied special in Rosstat "Information about the turnover of retail and catering microenterprises." According to the order of the department, to report on a new form it is necessary to all trade organizations, including those implementing vehicles, motorcycles, their nodes and accessories, engine fuel. In the same time individuals, carrying out entrepreneurial activities without the formation of a legal entity, should not be given such a report. Microorganizations allowed to transfer statistical information in electronic and in paper version. At the same time, for the nonsenium of the report, an economic agent faces a fine of 20 to 150 thousand rubles under Article 13.19 of the Code of Administrative Code.

Report and payment of tax on commercial real estate

() In 2016, taxpayers who pay tax on property, based on its cadastral value, are obliged to report to tax authorities following the first, second and third quarter of the calendar year. This is provided for in the amendments. At the same time, the reporting rules may be canceled by solving the authorities in each specific subject. Therefore, it is possible that not all entrepreneurs will have to report to the IFTS every three months. In addition, as previously federal tax authorities, according to the results of 2016, property tax from the real estate of trade and office appointment, calculated on the basis of cadastral value, will have to pay not only the owners of such facilities, but also to organizations that own them on the right of economic management.

Sanitary requirements for grocery stores and cafes

() In 2016, Rospotrebnadzor is preparing to introduce new sanitary requirements for trade organizations implementing food products. They will be replaced by more existing sanitary and epidemiological requirements for trade organizations issued in 2001 and edited in 2007. According to, new norms will be mandatory for all organizations and individual entrepreneursengaged in the sale of food through shops, warehouses, fairs, markets and other objects. Moreover transitional period For their entry into force, not yet scheduled. Among the innovation from Rospotrebnadzor - a ban on accommodation in common warehouses non-food products I. food products. A similar requirement will work for trading objects: Sell in one commercial Hall Food and other products will be banned. In addition, all culinary products will have to be sold in the package, and food products Not allowed to pack under vacuum. At the same time, a ban on the implementation of eggs in the departments where unpacked products are ready for use are posted. Another innovation: store employees and cafes will not be allowed to cut the cakes independently and sell their portion. Sanitary and epidemiological norms discussed also provide for some new requirements for premises, which are accepted, food products are stored and implemented.

Accession to Egas

() According to the current revision of the Law No. 171-FZ on the regulation of production and turnover of alcohol-containing products, from January 1, 2016, to a unified state automated information system (EGAIS) should be joined:

organizations producing beer, beer drinks, Cider, Poire and Medovukhu (except those annual production volumes that do not exceed 300 thousand gave these products);
organizations carrying out procurement, storage and supply of alcohol and alcohol-containing products;
individual entrepreneurs carrying out the purchase of beer and beer beverages, cider, pouare, honeycomb, as well as alcohol for subsequent retail sale.

[M \u003d 134776] To do this, by the beginning of the year, economic agents needed to buy special technical means of fixing and transmitting information. Details about which equipment will allow entrepreneurs in a timely manner and fully report to the state, presented on the official website of the EGAIS.ru system. In connection with the expansion of the List of Yegais users on the eve of the New Year, the Government updated the rules for the functioning of this system, and also clarified what information should be transmitted to Rosalkogoliregulation. So, organizations and individual entrepreneurs carrying out the purchase of beer and beer beverages, centers, pouare, honeycomhs for their subsequent retail sale are required to transmit the following information:

data on the taxpayer, including the INN;
name, view and code (by classifier) \u200b\u200bpurchased products;
information contained in a commodity and (or) international transport invoice, a certificate attached to the commodity and transport invoice or to the customs declaration;
rooms, dates and time of submission of applications for fixation in EGAIS information about the organization / IP, about the products of each type and name, the volume of production and turnover of products of each type and name, on documents that are allowed and accompanying production and turnover of products;
information about the counterparty (counterparties) when delivering and purchasing products (name, taxpayer identification number, address);
data on the volume of alcoholic beverages established by the results of inventory of alcoholic beverages, including indicating the numbers of federal special grades and excise stamps caused to marked alcohol products;
information on debiting products in case of marriage or other reasons.

Since retail sellers of alcoholic beverages are reported only by purchasing, and the state wants to improve control over all its turnover, Rosalkogol regulation introduced from January 1, 2016 new form Journal Accounting for the volume of retail sale of alcoholic and alcohol-containing products. This document needs to fill in organizations and IP, selling beer, Cider, Poire, Medovukha, alcoholic and / or alcohol-containing products. Magazine itself can be conducted in paper or in electronic formatbut information in it should be submitted no later than next day After implementing each unit of consumer packaging (packaging) or on the fact of opening the transport packaging used for delivery and subsequent product with the consumer. About the timing and periodicity of the passage of this journal in no one legislative Act Not yet said. However, in its explanations, Rosalkopul regulation clarified that the data from it taxpayers should use when filling the "alcoholic" declarations that are surrendered quarterly. At the same time, inspectors have the right to control the procedure for maintaining the magazine accounting for the volume of retail sale of alcoholic and alcohol-containing products, as well as apply sanctions in non-compliance with the requirements or the absence of this document. According to Article 14.19 of the Codecha of the Russian Federation, for violating the order of accounting for the sale of alcoholic beverages officials May be fined for 10-15 thousand rubles, and legal on 150 - 200 thousand rubles. [M \u003d 135018] As for the fines for nonconnecting to the EGAIS itself, paragraph 4 of Article 2 of Law No. 182-FZ states that it will not be punished for individuate information in it until July 1, 2016 will not punish individual entrepreneurs. In fact, the legislators gave business a postponement for six months so that they are accustomed to new requirements and have learned to interact with the system. In addition, in Rosalklaire regulation, that until March 31, 2016 will not be penalized by the organization and IP for the lack necessary equipment and appropriate software.

New formats of price tags

() According to the updated editorial office of the Government's decision on the rules for the sale of certain types of goods, the requirements for price tags are changed. Now, together with traditional paper price tags, the stores are allowed to use and electronic, including in the form of any visually available information carriers - running lines, light board, stands, stylized boards. At the same time, officials so that the seller (his representative) can submit a price list with the names and prices for all sold goods.

Share of foreign workers

() At the end of 2015, the Government issued a decree, according to which the share of foreign workers, who have the right to work in the field of trade. At the same time, no changes in public policy are observed. As in 2015, in 2016, the share of foreign workers should not exceed 15% of the total number of employees trading alcoholic beverages (including beer) and tobacco products in specialized stores. Still to sell medicines in pharmacies, as well as work in the markets and in non-stationary trading facilities foreign citizens Forbidden.

Markets in capital buildings

() From January 1, 2016, all agricultural markets and agricultural cooperative markets, working in cities with a population of over 1 million, must "move" to capital buildings and buildings. According to the amendments to the Law on Retail Markets, their location in temporary structures from the beginning of this year is prohibited. In addition, from January 1, agricultural market managers should equip trading areas in compliance with architectural, urban planning and building standards and rules.

Switch to "smart" cash

() Throughout last year, officials discussed how to most painlessly switch to the new generation control and cash technique equipped with an online transmitter of information about perfect operations. In December, the government recently introduced the government to the State Duma to the State Duma, according to which in 2016 installing devices that transmit information about operations in real mode will become voluntary. But since February 2017, entrepreneurs can oblige to install the fiscal drives of the new sample. Also in a year they will have to transfer fiscal data into tax authorities in electronic form through the fiscal data operator. New rules for all economic agents, according to the law, to use the CCT, will fully earn from July 1, 2017. [M \u003d 135052] And by July 1, 2018, officials are going to translate to compulsory use of CCT individual entrepreneurs using a patent taxation system. With the specified date, they, according to the bill, will be prohibited from carrying out cash payments and (or) calculations using payment cards without the use of cash registers. In the same bill, it is clarified that from the mandatory use of the CCP next species Activities:

selling newspapers and magazines, as well as related goods in newspaper and magazine kiosks, provided that the share of sales of newspapers and magazines in their turnover is at least 50 percent of trade;
sale of securities;
selling travel documents (tickets) and tickets for travel in urban public transport;
ensuring the nutrition of students and employees of educational organizations;
trade in markets, fairs, in exhibition complexes, as well as in other territories allocated to trade, except for outgoing outlets (shops, pavilions, kiosks, tents, autolars, autocrats;
different small trade in food and non-food products (with the exception of technically complex goods and food products requiring certain storage and sale conditions) with hand trolleys, bicycles, baskets, trays;
sale in passenger cars of train products in the approved assortment;
trade in the kiosks ice cream and non-alcoholic drinks in bottling;
trading from tank beer, kvass, milk, vegetable oil, live fish, kerosene;
trading was raised by vegetables and mesh cultures;
reception from the Popular Population and Utilsier, with the exception of scrap metal, precious metals and precious stones;
implementation of objects of religious cult and religious literature, provision of services for carrying out religious rites and ceremonies in religious buildings and on these territories;
sale at the nominal value of postage stamps and other signs confirming payment of postal services.

It is possible that during the discussion, the deputies will still change the norms proposed by the government. In addition, they have to legally approve the size tax deduction To compensate for the costs of entrepreneurs for the purchase and installation of new cash desks. By some, he can make up 18 thousand rubles. So far, power solves issues related to the spread of "smart cash registers" throughout the country, the government extended the experiment, within the framework of which data on the operations carried out are transmitted to the tax authorities in electronic form. According to Resolution No. 1402, the participants of this project are allowed to apply the technique available at their disposal until December 31, 2016 inclusive. Despite some of the parties from the state, the trade in trade entrepreneurs, this year to make a business will not be easy. Their position will be aggravated if the deputies during the spring-summer session will approve new rules for merchants for which the number of days will decrease to pay for the goods delivered, retro bonuses will decrease, and the control over the trading networks will be tightened. It is possible that the authorities will also take other "hard" measures - will change the time of sale of alcohol, forbids selling cigarettes in certain hoursIt will refuse round-the-clock shops located in the premises, where apartments used to be located. No matter how events change, the readers of the St. Petersburg legal portal will learn about them from the primary sources.

IN new edition Parts 1 and 2 of Article 9 of Law No. 381-FZ provides for providing an access provider to information:

on the order of the selection of counterparties,

about significant conditions Supplies contracts

only by placing it on the Internet - on the website of the subject trading through the trading network. Thus, an alternative opportunity is excluded to provide such information in the form of an answer free of charge within a fourteen-day period from the date of receipt of the relevant request.

Remuneration to the buyer

Remuneration to the buyer in connection with the acquisition of the supplier certain number Food products now contain two components (part 4 of article 9 of Law No. 381-FZ):

remuneration for the purchase of a certain number of food products. It may be calculated as a percentage of the price of the acquired food products;

fee for the provision of services for the promotion of goods, logistics services, preparation services, processing, packaging of these goods. It can be included in the contract for the provision of services and is not determined percentage expression, and at fixed value.

If each specific service for promoting goods is identical to all suppliers, that is, it has the same content and amount of actions, when providing services to different suppliers, the trading network will bear equal costs. Establishing a trading network of the price of the contract for the promotion of goods as a percentage of turnover (the volume of purchased trading network from the supplier of food products in monetary terms for certain period time) will lead to the establishment different prices On the same service for different suppliers trading network and will be considered an antimonopoly authority as a violation of paragraph 1 of Part 1 of Article 13 of Law No. 381-FZ.

Bans when promoting goods

Part 13 of Article 9 of Law No. 381-FZ established prohibitions on the actions specified in it to promote goods for economic entities selling food products through a trading network, and for suppliers of food products in retail chains. In identifying the antimonopoly body of violations of these prohibitions, he initiates the case of an administrative offense without the investigation into the case of violation of antimonopoly legislation.

Discrimination prohibitions

Prohibition standards are refined in part 1 of Article 13 of Law No. 381-FZ. Changes are made to establish clear requirements for market participants and are aimed at combating the practice of creating discriminatory conditions. At the same time, all explanations of the FAS Russia prepared as part of the application of Article 10 Federal Law From 26.07.2006 No. 135-FZ "On Protection of Competition", applicable to the provisions of Article 13 of Law No. 381-FZ, taking into account the peculiarities of the subject line of Article 13 of Law No. 381-FZ.

Administrative responsibility

From July 15, 2016, administrative responsibility was adjusted for violations of antitrust rules and on violations of requirements for the conclusion of the contract for the supply of food products (Art. Art. 14.14, 14.42 of the Code of Administrative Code). Prohibitions were provided not only for the inclusion of prohibited conditions in the provisions of contracts, but also for execution (implementation) of such conditions.

In this regard, the FAS Russia reported:

if the terms of the contracts concluded before July 15, 2016 and to regulate the law No. 381-FZ do not meet new requirements, until 01.01.2017, for the execution of relevant contracts, the person cannot be attracted to administrative responsibility;

if the contracts were concluded after 07/15/2016 on conditions that are not relevant new rules, the perpetrators are subject to administrative responsibility.

Article 14.40 of the Administrative Code of the Russian Federation

The reason for the initiation of cases of administrative offenses, provided for in Article 14.40 of the Code of the Russian Federation on administrative offenses, is the adoption by the Commission of the Antimonopoly Authority, which establishes the fact of violation of the antimonopoly legislation of the Russian Federation. Cases of these offenses are initiated from the moment the decision of the Commission of the Antimonopoly Authority is entowed.

However, under Article 14.40, business entities can be brought to justice, taking into account the statutes of limitations, that is, within one year from the date of the offense, and under the foundation of the offense - within one year from the date of its detection (part 1 of Article 4.5 of the Administrative Code of the Russian Federation) . The statute of limitations is calculated from the date of entry into force of the decision of the Commission of the Antimonopoly Body, which establishes the fact of violation of the legislation of the Russian Federation (part 6 of Art. 4.5 of the Administrative Code of the Russian Federation).

Under Article 14.40 of the Code of the Russian Federation on administrative offenses fall, including violations of prohibitions on discrimination from Article 13 of Law No. 381-FZ.

Article 14.42 Administrative Code of the Russian Federation

By the initiation of an administrative offense case under Article 14.42 are (part 1 of article 28.1 of the Administrative Code of the Russian Federation):

direct detection by officials authorized to draw up protocols on administrative offenses, sufficient data indicating the existence of an offense;

received from law enforcement agencies as well as from others government agencies, local governments, from public associations, materials containing data indicating the existence of an offenses;

messages and statements of physical and legal entitiesAs well as messages in the media containing data indicating the existence of an offense.

The statutes of limitations under articles 14.41 - 14.42 of the Code of the Russian Federation on administrative offenses are calculated during the year from the date of the offense, and with the founding - from the date of detection (part 1 of Article 4.5 of the Code of Administrative Medical University). In these cases, the case of an administrative offense is initiated immediately after receiving sufficient data officials, testifying to the commission of an administrative offense in the field of trade legislation (without investigating the case of violation of antimonopoly legislation).

In conclusion …

Almost an identical explanation of the FAS Russia has already given in a letter dated July 22, 2016 No. AK / 50406/16. It follows from this that the point of view of the antimonopoly service was established and consistent with the current legislation, which means there will be less reasons for disputes and sanctions.

In the summer of 2016, the President of the Russian Federation amended the trade legislation, designed to limit the "appetites" of retail chains and reduce the costs of suppliers and manufacturers. Federal Law of July 3, 2016 N 273-FZ changes the practice of charging the networks of bonuses and creates more or less demolition conditions for doing business. Especially for Building, the law analyzed the expert on taxation Igor Karmazin.

The relationship of trading networks and their suppliers cannot be called fully mutually beneficial. Rather, we can talk about dictate sellers over manufacturers and suppliers, and not about the equal partnership. Taking advantage of the knowingly more winning position in the market, the networks unhindered impose their price and assortment policies, especially not believing with the interests of counterparties.

Under the type of voluntary payments, suppliers are forced to pay from their own pockets all sorts of awards, bonuses and other defeats for anyone required services, allegedly rendered by vendors in favor of suppliers. For example, services for the promotion of goods, services for the preparation, processing, packaging and placement of goods on racks and others.

As a result, the shelves turn out to be a product of not the most conscientious and honest producers, and those who offer the store the greatest bonus. The higher the amount of remuneration - the higher the chance to sell your goods. The main one who suffers from the arbitrariness of networks is a domestic producer. It is he who often remains not with cases, because not only cannot find outputs on sales points, but even if he finds it - can not work on the Draconian conditions that they offer.

In order to resolve the situation described above, in the summer of 2016, the President of the Russian Federation amended the legislation on trade, designed to limit the "appetites" of retail chains and reduce the costs of suppliers and manufacturers. Federal Law of July 3, 2016 N 273-FZ changes the practice of charging the networks of bonuses and creates more or less demolition conditions for suppliers to conduct business. The peculiarity of the law is that he tries not to infringe the interests of neither the other side. Stores will continue to charge their bonuses, and suppliers will continue to pay them. True, B. little size. It turns out that the wolves are full, and sheep are intact.

What changed

The law establishes that trading network can take remuneration from suppliersbut with a number of restrictions. The name of this legalized bonus is a remuneration for the purchase of a certain number of food products from the supplier.

The accurate size of the bonus is subject to compulsory agreement by the parties to the contract, the inclusion in its price is not taken into account when determining the price of food products. Moreover, the cumulative size of all sorts of bonuses legislator has limited.

By the way, the reward for the purchase of goods now includes a bonus for their promotion on the market. The total amount of the bonus cannot exceed 5% of the cost of purchased goods (part 4 of article 9 of the Federal Law of December 28, 2009 N 381-FZ "On the basics of state regulation of trading activities"). This also includes payment of all logistics services, preparation, processing, food packaging, giving it a commodity and other similar services. Only the amount of VAT and excise tax is not taken into account. Recall, earlier existing rules, maximum size Retro bonus (for the purchase of a certain number of goods) was 10% of the price of products. Moreover, the magnitude of other bonuses was not regulated at all. Thus, overlapping from suppliers decreased not even twice, but more.

In order to prevent abuse of networks, the amendments are complemented by the law on trade of the norm revealing content of goods promotion services (paragraph 10 of Article 2 of the Federal Law of December 28, 2009 N 381-FZ). Under them is the advertisement of goods in booklets, media, etc., the implementation of their special calculation, consumer demand research, preparation of reports containing information about these products. Such services are included in the total five percent bonus and are not paid over the amount.

All other payments to trading networks, no matter how they were called, and for what reason they are not charged, are now directly prohibited. Specifically, the law prohibits trade chains:

charge for the right to deliver food products to shops;
establish a remuneration for changing the range of food products;
charge to pay off costs that are not related to the execution of the contract for the supply of goods and the subsequent sale of a particular batch of such goods;
reopen from suppliers expenses due to loss or damage to food products after the transition of ownership of such goods (except when loss and damage occurred due to the provider itself).

Shopping action to illicit fees and reimbursement of expenses At the expense of suppliers will entail an administrative penalty. Officials (managers responsible for the conclusion and execution of transactions) will be fined in the amount of from 20 to 50 thousand rubles. The stores themselves will suffer responsibility in the form of a fine in the amount of from one to 1 to 5 million rubles.

It will not work now and leave responsibility on the grounds that the violating subject, allegedly, does not apply to the trading network. Earlier, such an opportunity existed, for example, when several organizations were at once the owners of the store. Now, for its exception, Article 2 of the Federal Law of December 28, 2009 N 381-FZ specifies and expands the concept of a trading network.

Under it is now a combination of two and more trading facilities belonging to an economic entity or several subjects that form one group of persons. Also, objects include objects that are used under a single commercial designation or other means of individualization.

Other restriction for retailers there was a limitation of the timelines for payment. The law establishes exact dates Payment, taking into account the shelf life of food. This is done in order to curb the widely practiced opportunities for interest-free net lending. For example, when the goods are shipped to warehouses at the beginning of the year, and is paid only in the middle. Or as it is implemented full or partial.

In accordance with the new rules of products, for which shelf life is installed less than 10 days, payable on time no later than 8 working days. Products with shelf life from 10 to 30 days inclusive is subject to payment no later than 25 calendar days. For food with a shelf life of over 30 days and alcoholic products, the deadline for payment is 40 calendar days.

These dates are calculated from the date of delivery of goods to the trading network. Not later than three business days after that, the supplier will be obliged to transfer documents related to the supply, and the trading network is obliged to accept them.

Also, trade networks were forbidden to conclude agreements for the implementation of trade activities, for which the goods are transferred to the realization of a third party without going to it ownership of this product. The following types of contracts are prohibited in this area:

commission agreement
agreement of instructions
agency contract.

Violation of this ban is facing a fine. The penalty is superimposed on officials in the amount of from 10 to 50 thousand rubles; On legal entities - from 1.5 to 4.5 million rubles.

At the same time sets prohibition to impose with providers of unfavorable conditions transactions. For example, under the direct ban hit the following conditions Selected transactions:

conditions on the impossibility of concluding contracts for the supply of goods with other wholesalers;
about responsibility for non-fulfillment of obligations on the supply of goods on more favorable terms, compared with other buyers;
on the return of non-soldered goods;
on a discriminatory decrease in suppliers of food products;
on the provision of information on concluded supply contracts with other business entities;
all other conditions are directly not related to the subject of contracts.

In case if similar conditions Nevertheless were included in the text of the contract, they are recognized as invalid in the appropriate part since the transaction.

Amendments increased the limitation period for attracting administrative responsibility For violations of legislation on state regulation of trading activities. The term is increased to 1 year. During this time, the legislators, networks and their suppliers believe it is quite realistic to bring responsibility for violation of antitrust rules. We will remind, earlier, the statute of limitations for such violations was 2 months.

An additional guarantee of compliance with suppliers is Expanding the powers of the Federal Antimonopoly Service of Russia. Prior to that, only control over compliance with the requirements and prohibitions of antimonopoly legislation was imposed. Now the service will conduct checks on the facts of imposing food providers of the bible transactions. Confirmation during the verification of this fact will be the basis for attracting a trading network to liability in the form of a fine. Also, the obligations of the FAS causes the creation of conditions for increasing demand for goods of Russian manufacturers.

What to expect retailers, their suppliers and consumers

The law has earned from July 15, 2016. From now on, all the newly concluded retailers with their suppliers must comply with new requirements. At the same time, the terms of the delivery contracts that were concluded before the entry into force are preserved. But if the parties before January 1, 2017 will not lead them in accordance with the new legislation, then such treaties will be recognized as invalid.

According to the legislators, the implementation of these amendments in practice will play on hand not only to domestic producers who will be able to invest money saved on bonuses in business development, but also to end users. In theory, the reduction of costs for networks of networks will quite naturally lead to a decrease in the cost of food.

However, skeptics believe otherwise. The law offers measures to protect only suppliers and manufacturers. He says nothing about consumers. No effective obstacles to increasing retail prices do not contain new rules. And if suppliers can really be able to defend their right to reduced bonuses in court, or, say, in the antimonopoly service, then buyers do not receive any advantages compared to the previous order. On the contrary, the likelihood that the drop-down incomes of networks will now be compensated just due to the end consumers.