Illegal trade. Unauthorized trade

18.10.2019

What is illegal trade, what can it threaten and how to do all the paperwork in order to avoid this responsibility?

Under Russian law, any trade without registering an LLC or individual entrepreneur is prohibited. It doesn't matter what is meant in this case. Whether it is about illegal trade on the street, the sale of hand-made jewelry on the Internet, the sale of auto parts bought at a warehouse for a pittance - according to the law, illegal trade is included in the definition of illegal entrepreneurial activity.

What is illegal activity? This term refers to the sale of services and goods that are declared illegal by law. They can violate copyrights, promote hatred and violation of human rights, offend moral feelings. This also includes the sale of goods, if this business was not registered legally (here we mean the registration of individual entrepreneurs and LLCs). All documents that allow such activities to be carried out must be drawn up. But it is important to remember that not all trade is considered illegal. For example, if at the end of the summer season summer residents sell flowers on the street without permits (but in small quantities), this is not considered a violation of current legislation. All that needs to be done when conducting such petty trade is to conclude an agreement with the market or shopping center, on the territory of which the trade will take place.

What is the responsibility for illegal trade?

Such a violation as illegal sale falls under the action of three regulatory documents of Russian legislation at once. These are the tax, administrative, and, we emphasize, the Criminal Code. According to Art. 14.1 of the Administrative Code, trading without documents and registration (except for the exception described above), threatens with a fine from 500 rubles to 2000.

Art. 116 of the Tax Code of the Russian Federation for conducting activities without tax registration threatens with a fine of 10% of the income of an unlucky entrepreneur. However, there is a limit to the minimum amount of this fine. It cannot be less than 40,000 rubles.

As far as criminal liability is concerned, Art. 171 of the Criminal Code of the Russian Federation, illegal trade may face liability in the form of compulsory work up to 480 hours, or arrest up to six months, as well as a fine of up to 300 thousand rubles. What kind of liability accrues to those who traded illegal methods depends on the specific situation.

In situations where an entrepreneur has received a particularly large income for his business, including illegal sale, he may face a fine of up to 500,000 rubles or an arrest for up to 5 years!

There is a special point in the concept of illegal sales. We are talking about the illegal trade in alcohol. According to Art. 14.16 of the Civil Code of the Russian Federation, she faces a fine in the amount of 10 to 15,000 rubles. In this case, all illegal products will be seized by law enforcement agencies. Therefore, it is worth thinking very carefully before becoming a participant in such a risky adventure with sales without concluding the relevant documents. In this case, you should not hope that everything will work out. The consequences will be too unpleasant if such an offense is discovered. Therefore, leaving even one chance of falling under such responsibility is not worth it.

What needs to be done to legalize street trading?

When opening a street outlet, the question always arises, what needs to be done so that street trading does not fall into the number of illegal ones and does not entail criminal or administrative liability? This issue is regulated by Government Decree No. 585. First of all, it is necessary to notify the Consumer Rights Protection Service about your trade.

At the same time, questions about selling on the street are decided by local governments.

And trade is assigned special places in these rules. Next, consider the algorithm of actions to be taken:

  1. Apply to the Consumer Market Authority, which protects the rights of consumers.
  2. The requirements for the assortment, the very principle of sale, and other points are determined by the seller himself. Therefore, he needs to think carefully about these issues. In addition, if he is going to sell products, they must comply with all sanitary standards.
  3. It is necessary to draw up and be ready at any time to present the following documents to the inspectors: a personal medical book (it must be up-to-date), documents that prove that the products are of high quality and not dangerous to people.
  4. The transport that transports the products sold must meet the following requirements: the owner must have a health passport, the transport must be clean and in good order.

What do street vendors usually do when they need to get permits? Drinks, food (usually vegetables and fruits) in the summer season, books.









Specialists of the district administration, on a daily basis, together with the internal affairs bodies and representatives of the OBOR, monitor the territory, including using city video surveillance systems, to identify violations and suppress unauthorized actions related to illegal trade.

Also, specialists of the council systematically carry out explanatory work with the population on the prevention of violations and on administrative responsibility in trade and the provision of services in unidentified places.

Dear residents of Moscow and guests of the capital!

Hand trading is not only a direct violation of the law, but also becomes a prerequisite for other offenses.

Unsanitary conditions flourish in places where illegal traders accumulate, and there is a high probability of purchasing low-quality products, health problems, and deceit.

Department of Trade and Services of the City of Moscow warns of the dangers of unauthorized trade and urges you to be careful when making purchases.

Be careful, take care of your health and the health of your loved ones!

The issue of preventing and suppressing unauthorized trade in the territory of the Shchukino region is under constant control.

Pensioners, migrants, persons engaged in illegal business activities sell home-cooked food, greens, seasonal vegetables and fruits, consumer goods, flowers, Muscovites can see every day near metro stations when they go to or from work. Many turn a blind eye to this - it is obvious that pensioners are standing in the cold and in the heat with their modest goods, not from a good life. At the same time, unauthorized trade is a negative social phenomenon that causes considerable harm to the residents of the city.

The first thing that catches your eye is the appearance that unauthorized trade imposes on the city, since it is carried out using improvised means - boxes, wooden boxes, which, as a rule, are obtained from garbage containers, folding tables, exhibited on routes with high passenger traffic, often trade is carried out directly from the ground.

Secondly, such trade is dangerous for the health and even life of buyers, as it is carried out without observing even elementary sanitary standards. Traders do not have documents confirming the safety of food and industrial goods, as well as sanitary books confirming their health. There were precedents for people suffering from tuberculosis to trade in food. Dairy products (cottage cheese, sour cream, milk), pickles, as a rule, are not packaged, free for the penetration of insects and their metabolic products. Everyone can verify this. Of course, such products are dangerous in relation to the spread of acute intestinal infections. Using them, you can get diseases such as dysentery, salmonellosis, food poisoning.

Third - in spite of the seeming spontaneity of hand trade, it is often streamlined and well organized from the inside. So, behind a modest grandmother who sells knitted hats or flowers near the metro, there may be wholesale suppliers who have put such trade on stream. Similar facts were also revealed by specialists of the district council.

The fight against unauthorized trade is carried out by specialists of the district administration on a daily basis. Specialists of the district council at least twice a day carry out raids on the territory of the district in order to identify places of accumulation of unauthorized trade. Persons trading from their hands are warned about the unlawfulness of their actions, in case of their refusal to stop trading, police squads are called, and protocols on administrative offenses are drawn up against violators. All information about the places of conducting unauthorized trade in the district is promptly transferred to the officers of the internal affairs department of the Shchukino district. In order to improve the effectiveness of combating unauthorized trade in the district, a mobile group is operating to combat unauthorized trade, consisting of responsible officers of the Shchukino district police department and specialists from the district administration.

On the territory of the Shchukino district, on an ongoing basis, work to suppress unauthorized trade is carried out by employees of the internal affairs department for the Shchukino district, representatives of the Public Point for the Protection of the Order of the Shchukino district and the Volunteer People's Druzhina of the Shchukino district.

According to Government Decree No. 806-PP dated December 10, 2013 "On measures to prevent unauthorized trade in crowded places in the city of Moscow", measures to control and monitor public gathering places, along with the already listed structural units, are being carried out :

  • The state unitary enterprise of the city of Moscow "Mosgortrans" - within the boundaries of a 50-meter zone from the stopping points of urban public passenger transport.
  • The State Unitary Enterprise of the city of Moscow "Moscow Order of Lenin and the Order of the Red Banner of Labor Metro named after V.I. Lenin" - in the lobbies of metro stations and within the boundaries of a 50-meter zone from metro stations.
  • The state budgetary institution of the city of Moscow for the operation and repair of engineering structures "Gormost" - in the under-bridge spaces, in underground pedestrian crossings, as well as within the 50-meter zone from the under-bridge spaces, underpasses.
  • State government institution of the city of Moscow "Organizer of Transportation" - within the boundaries of transport hubs, as well as within the 50-meter zone from transport hubs.
  • Department of Culture of the City of Moscow - on land plots, including those located within the boundaries of specially protected natural areas of the city of Moscow, provided for use by state cultural institutions of the city of Moscow - parks of culture and recreation, museums-estates and museums-reserves, the Moscow Zoo, the Moscow Association for museum and exhibition work "Museon", subordinated to the Department of Culture of the city of Moscow, as well as within the boundaries of pedestrian zones of citywide significance of the city of Moscow.

Unauthorized trade violates about 10 federal, regional laws:

  • Article 11.1 of the Law of the City of Moscow dated November 21, 2007 N 45 "Code of the City of Moscow on Administrative Offenses".
  • Article 14.1. Code of Administrative Offenses of the Russian Federation "Carrying out entrepreneurial activities without state registration or without a special permit (license)"
  • Tax Code of the Russian Federation, Art. 45: tax evasion
  • Migration legislation: since a significant part of persons engaged in unauthorized trade are stateless persons of the Russian Federation.
  • Labor Code of the Russian Federation, art. 214: lack of mandatory medical examinations
  • Decree of the President of the Russian Federation No. No. 65 "On Free Trade": on the prevention of trade in unspecified places
  • Law of the Russian Federation No. 4979-1 “On Veterinary Medicine”: on the prohibition of the sale of products of animal origin that have not been subjected to veterinary and sanitary examination in accordance with the established procedure.
  • Federal Law "On the quality and safety of food products", Art. 3, 20, 23: lack of documents confirming the origin and safety of products, conclusions of the state veterinary service; sellers do not undergo mandatory medical examinations and hygiene training, do not have medical books.
  • Sanitary and epidemiological rules: violation of the rules of storage, commodity neighborhood, product sales, sanitary standards, general requirements for the organization of trade enterprises.
  • Rules of the road, clause 12.4: violation of the parking rules, because Often, unauthorized traders use vehicles, and sometimes they themselves enter the road network at the peak of traffic congestion and offer goods to drivers.

Please support the city's anti-trafficking policy and do not buy hand-sold products of dubious quality. Remember, it can pose a risk to your health. If unauthorized trading is detected on the territory of the Shchukino district, you should contact the nearest internal affairs officer for help or call the duty unit of the Internal Affairs Directorate, the telephone number of the internal affairs department of the Shchukino district, or 02. The telephone of the duty unit Department of Internal Affairs of the Shchukino district: 8 499 190-70-10

In the Russian Federation, illegal trade is a common phenomenon. We can say that it is considered massive and is found almost "at every turn." As a rule, most often this is typical for cities with a large number of inhabitants. And this activity is carried out not only by Russians, but also by those who came from neighboring states. In any case, it is worth noting one indisputable fact: such trade is really in a state of "prosperity". A huge number of sellers do not even realize that such activities are prohibited by Russian law. Some are still aware that it is impossible to trade like this, but they continue to earn in this way and “run” from law enforcement agencies. But we must not forget that tax evasion is a serious loss for the Russian Federation. So nothing good awaits sellers who are not individual entrepreneurs. They are fighting, albeit not too actively. Next, let's talk about what kind of fine for unauthorized trading (without registering an IP) awaits such "businessmen".

Unauthorized trading is prohibited

Illegal sale of goods

The legislative provisions of the Russian Federation prescribe the following: the sale of any goods is strictly prohibited if the seller has not passed special registration and is not an individual entrepreneur. We are talking about almost any commercial legal relationship that may arise between the parties.

Here it is worth considering such an important point: even the sale of vegetables and fruits from a personal garden is prohibited, as well as the sale of things made by one's own hands, and so on. Naturally, a one-time sale of a kilogram of cucumbers to your neighbor is not prohibited. But selling goods on a regular basis, without having the status of an individual entrepreneur, is strictly prohibited by the laws of the Russian Federation. Otherwise, the violator will be subject to the imposition of penalties for carrying out illegal business activities. It will not be possible to escape responsibility - the tax authorities have information on every citizen of the Russian Federation.

To engage in activities of this kind, it is necessary that the seller be recognized as an individual entrepreneur or business entity. Putting this into practice is easy. But our article is not about how a seller can register as an individual entrepreneur. Having received official status, the seller will save himself from unnecessary troubles and serious troubles. This is the best solution to the problem that has arisen.

Some varieties of trade without a license still exist. Not all of them require mandatory registration process. Let's say you can easily sell bouquets at retail or at wholesale cost. To start selling them, it is necessary to conclude an agreement with the market administration or the management of a trading institution. But here it is important to understand the following: a similar method is suitable for the sale of an exceptionally small batch of goods. If you sell large quantities of flowers, this is already an illegal trade. In such a situation, you may be interested in tax inspections.

Sale of prohibited products

Illicit trade is the sale of any product (as well as the provision of services of this kind) that promotes a feeling of hatred. This also includes goods that lead to violation of copyright or moral standards. Of course, it is not possible to legalize the sale of such goods in the tax authority.

legal trade is the sale of products permitted in the Russian Federation. It also includes the following services:

  1. Not beyond the legal framework.
  2. Not violating anyone's rights.
  3. Not being propaganda of hatred or discrimination of citizens according to various criteria.

What legislative norms of the Russian Federation regulate the solution of the issue under consideration

Any enterprise engaged in trade must first study in detail the Decree of the Government of the Russian Federation No. 55. It was approved on the basis of the Law "On Protection of Consumer Rights". From time to time, certain innovations and changes are made to this law. But they are no different from the resolution adopted by state bodies.

Based on the provisions of the law, unauthorized trading is the failure to comply with the rules of relations between both parties to the transaction. A list of products prohibited for sale in the Russian Federation is also listed. It cannot be legalized under any circumstances. We are talking about narcotic and psychotropic substances, weapons and much more.

What role does Rospotrebnadzor play in addressing this issue?

Rospotrebnadzor is a state body that controls the work of trade enterprises and institutions. Even these organizations are mandatory controlled by the fire service and tax inspections. Any businessman, applying for the status of an individual entrepreneur, always carefully studies the list of products allowed for sale. He must know everything about the requirements for their quality and safety. Retailers must ensure that:

  1. Sanitation standards.
  2. Fire safety regulations.

Another important point: any enterprise engaged in trade must have a "Buyer's Corner". This is a special stand with information, which describes the conditions for the sale of specific products.

There must also be a book in which you can make your complaints and suggestions for improving service. It is necessary to indicate the contact numbers of the controlling authorities, the license. If this is a store, the products must be with glued price tags. The uniform of employees must have special badges. Customers have the right to return non-food products within two weeks.

What are the consequences of unauthorized trading?

As we all already know, trade rules mean the mandatory registration process of the seller as an individual entrepreneur or business entity. If you sell goods without a special license, you may be charged with an administrative or even criminal legal violation. The fine for trading without registration as an individual entrepreneur will be 500 - 2,000 rubles, based on the provisions of Article 14 of the Code of Administrative Offenses of the Russian Federation.

Important point: illegal sale of goods can lead to more significant penalties - up to 300,000 rubles. This norm is spelled out in the 171st article of the Criminal Code of the Russian Federation. In addition, the seller can be arrested for a temporary period of up to six months or involved in community service for up to 480 hours. They can be punished in this way in cases where, as a result of illegal entrepreneurial activity, the offender received a fairly substantial profit (in other words, a good income).

If the illegal trade has brought a good profit to the seller, he can be arrested for up to five years. It is also possible to impose penalties - up to five hundred thousand rubles. Thus, it is worth noting the following important fact: government authorities are constantly fighting against illegal trading activities. In other words, sellers should still think about the consequences several times before launching illegal sales.

Sale of alcoholic products

A separate issue is the sale of alcoholic and alcohol-containing products in the Russian Federation. It is important to remember the following here: it is impossible to sell such goods even if the seller is registered as an individual entrepreneur or business entity.

To sell alcoholic products (drinks containing alcohol), you must obtain a special license. We must not forget that a business of such a plan often leads to extremely negative consequences. Based on the provisions of the Code of Administrative Offenses of the Russian Federation, a seller who does not have a license and registration will have to pay a serious fine - from 10,000 to 15,000 rubles. Of course, in such a situation, all goods found are confiscated. If the seller had special equipment on which he made alcoholic products, it is also mandatory to seize it.

What difficulties exist

Although it is strictly forbidden to sell goods without a license, large and even small Russian cities are notorious for the fact that unauthorized trade thrives in them. Why is this happening? This can be explained quite well:

  1. Regional law enforcement agencies show a weak response to the issue of product sales without an appropriate registration process. Sometimes they still try to take some action to deal with the current situation, but, as a rule, the effect is short-term. But much more common is something else - local authorities are simply inactive.
  2. This "business" is supported by Russian citizens themselves. Those who are in a hurry to get home from work often buy vegetables from pensioners near the subway, and do not opt ​​for hypermarkets or fairs. In addition, it is also important to take into account the following point: it is possible to trade with a “live” seller, while this is not possible in a supermarket. As a rule, it is possible to purchase the desired product at a better price. At this moment, a person does not worry that these entrepreneurs may not care about compliance with sanitary standards. In this case, the issuance of checks is excluded, so they cannot be punished for the sale of goods of poor quality. The reason is the lack of evidence of the sale of products.
  3. A huge number of Russians agree that it is extremely difficult to enforce the requirements of retail trade.

How Law Enforcement Works When Unauthorized Trade Is Detected

Let's say a person files an application with law enforcement agencies with a complaint about illegal trade near a subway station. Although it is extremely rare to meet this - as a rule, people just walk by and do not pay any attention to such sellers (if they do not need anything). What will be next? What steps are law enforcement officers taking? The police are sent to similar calls far from the same moment. Issuing penalties for legal violations of this kind is also very rare.

Sometimes they wait a certain period of time, and then make a return call and ask the citizen whether such a seller is still in place or not. If suddenly he disappeared, the police officers are more likely not to go anywhere.

Important point: a certain part of the sellers agree in advance with local authorized persons to sell goods without an appropriate registration process. So law enforcement officers in small towns do not always notice such legal violations.

Law enforcement

Some sellers, having seen the police, immediately “curtail” their activities. As soon as the police leave, the trade continues. It is a pity, but there are countless such places in our country.

But it is worth noting the following positive fact: the last year and a half, the fight against unauthorized trade has become more clear and tough. So, in Moscow and the Moscow region, a huge number of outlets and enterprises were closed and liquidated. All of them did not have the appropriate rights to perform their activities within the framework of the law. In small towns, not everything is so rosy yet, but even there the number of retail outlets and tents near metro stations has significantly decreased. So there are still certain shifts in this direction.

Summarizing

Thus, our article told you about whether it is possible to trade without an IP (no) and what responsibility is provided for those who violate Russian law. Unfortunately, today there are a huge number of such violators, and not all of them realize what sad consequences (including financial ones) such illegal activity can lead to.

Therefore, if you open your own business for the sale of some products, we strongly recommend that you do not be lazy and still first register as an individual entrepreneur. Otherwise, there is a high risk of running into serious troubles and large penalties (and if you make a profit on a particularly large scale, you may also receive real criminal punishment). We hope that the information was useful for you!

The sale of any goods is strictly prohibited if the seller has not passed special registration and is not an individual entrepreneur.

A lot of citizens are now wondering what the fine for trading without registering an individual entrepreneur is in 2017. Many people prefer to do business in the dark, believing that the occasional payment of imposed penalties is much more profitable than the monthly transfer of taxes. Is it so? We will try to answer in this article.

Basic concepts

The second article of the Civil Code of Russia contains a definition relating to entrepreneurship. It, among other things, states that this type of activity is carried out by citizens of the Russian Federation on an independent basis and its main goal is to obtain a constant profit, due to:

  • trade;
  • provision of services;
  • performing certain work.

At the same time, Article 23, in turn, clearly indicates that any Russian citizen, before starting his own business, must register as an individual entrepreneur. At the same time, the regulatory framework does not require the mandatory establishment of a legal entity.

Consequently, by trying to work unofficially, such businessmen violate the law and risk falling under certain sanctions provided for in it. As a rule, we are talking about monetary fines, the amount of which varies, depending on many nuances.

What you need to know about IP

For their part, the supervisory authorities, before imposing this or that penalty, must also prove that a particular citizen was engaged in entrepreneurial activity. However, this can be done only in one case - if there is irrefutable evidence:

  • the systematic nature of the above act;
  • regular income.

The law clearly defines that the carrying out of corresponding actions more often than twice a year indicates permanent entrepreneurship.

An individual is not considered a businessman who once for the previously mentioned period:

  • provided a particular service;
  • sold a certain product;
  • did any work.

In addition, if a citizen regularly sold something during the calendar year, but did not make a profit (that is, the sale was carried out at purchase or lower prices), he is not an entrepreneur by law, since he does not receive profit.

Illegal trade

According to statistics, in the Russian Federation there are a lot of citizens who carry out activities without registering the status of an individual entrepreneur. Should they be considered illegal traders? No. To this category, the regulatory framework includes persons providing goods or services recognized in the prescribed manner:

  • illegal;
  • infringing copyright;
  • propagating hatred (social, ethnic, racial, sexual, etc.);
  • harmful and hazardous to the health of consumers;
  • offending morality;
  • subject to licensing.

When it comes to activities that do not require registration of permits (for example, selling agricultural products produced by oneself on the market), then in many cases a simple agreement with the administration of the bazaar will suffice. There is no need to open an individual entrepreneur or LLC in this situation.

It should also be understood that if the above circumstances are discovered, citizens engaged in entrepreneurship without obtaining official status will no longer be able to get off with just a monetary penalty.

In general, Russian legislation in 2017, as before, in relation to persons who have not issued an IP, but are engaged in such activities, provides, depending on the severity of guilt, bringing to the following types of liability:

  • tax;
  • administrative;
  • criminal.

Administrative responsibility

First of all, this kind of punishment awaits citizens who conduct trading activities without being registered as individual entrepreneurs. The sanctions applied to them appear in the Administrative Code in article 14 (paragraph 1). It states that the sale of goods is prohibited to individuals who are not individual entrepreneurs. Violators will have to pay to the treasury from 500 to 2 thousand rubles.

In the 23rd article of the Code of Administrative Offenses of Russia, or rather, in its 1st subsection, it is reported that a justice of the peace can bring such a citizen to responsibility. It is within his sphere of competence that this issue falls. The case is heard at the place where the offense was committed. However, the defendant, for his part, has the full right to send a request to postpone the hearing to the authority located at the place of his permanent residence.

Representatives of the following are authorized to draw up a protocol on the detected misconduct:

  • the police;
  • tax service;
  • local bodies of the antimonopoly department;
  • Rospotrebnadzor.

The relevant rights of public services are enshrined in the 28th article of the Code of Administrative Offenses of Russia. In addition, the prosecutor's office can also initiate a case against a citizen working without the status of an individual entrepreneur.

The protocol is usually drawn up based on the results of the check by one of the above departments. They are allowed to inspect sales premises or make test purchases. If during the acquaintance with the entrepreneur's papers it turns out that he does not have the status of an individual entrepreneur, this circumstance is recorded in the protocol.

At the same time, the law requires that the consideration of the case be carried out no earlier than 2 months from the date of preparation of the above document. Thus, the defendant will have to be patient and, if he intends to do business in the future, apply for the status of an individual entrepreneur.

It is also worth knowing that in some cases the case is not considered. This happens when the court discovers that the protocol was drawn up with any violations, and if in the 2 allotted months, the body that compiled it does not correct the mistakes made.

Tax Liability

The Russian Tax Code has 2 articles relating to this issue. We are talking about 116 and 117. They, in particular, indicate that an individual who organized trade without obtaining the status of an individual entrepreneur is obliged to pay 10 percent of the previously earned profit. However, the amount of the fine cannot be less than 20 thousand.

Moreover, in a situation where it turns out that the offender has been engaged in illegal trading activities for at least 3 months or more, 20 percent of the income received will be recovered from him. The minimum possible fine issued here is 40 thousand.

In addition, in case of violation of the deadlines set by the legislation for the registration of an individual entrepreneur with the tax authorities, the convicted citizen will be forced to pay another 5 to 10 thousand rubles.

Criminal liability

Criminal punishment threatens those persons who, carrying out illegal business activities, were able to extract more than a quarter of a million rubles of profit. The corresponding punishment is provided for by Article 171 of the Criminal Code of Russia. Similarly, citizens who have caused significant damage by their actions fall under this rule:

  • consumers;
  • other business entities;
  • state interests.

Thus, if the amount of damage from illegal activities amounted to more than 250 thousand, then the perpetrator will be obliged to:

  • pay a fine in the amount of 300,000 rubles;
  • forced to work 240 hours;
  • serve 6 months in jail.

Illegal trade - illegal sale of goods with the absence of a formalized status of an entrepreneur. The most common type of illegal trade is unauthorized street trading in places with high traffic of people.

One of the popular places for trading in Moscow is metro entrances, passages, busy streets. Illegal trading on the street entails an administrative penalty in the form of a fine. In addition, all unlicensed goods will be confiscated. The maximum punishment that can overtake sellers is arrest, lasting up to six months.

Fine for unauthorized street trading in Moscow

Trading in unspecified places without violating the law is possible in two cases:

  • sale of flowers in retail or small wholesale;
  • sale of products of own production during the fair.

But both cases require special permission from the administration, which controls the trading area where business activities are carried out. Fairs are strictly regulated by the city administration.

Trade is considered illegal in the following cases:

  • product infringement of copyright;
  • distribution ban;
  • harmfulness of the goods;
  • propaganda of discrimination;
  • sale of goods without a license.

The penalty for illegal trading varies depending on the type of violation:

  • for the lack of registration of an entrepreneur or organization, a fine in the amount of up to 2 thousand rubles will be imposed;
  • for the absence of the necessary documents, licenses or permits, the fine for an individual will be equal to 2.5 thousand rubles, for an official - 5 thousand, for an organization - 50 thousand.

Fine - administrative responsibility. In addition to it, tax liability or criminal liability may be assigned. The Criminal Code of the Russian Federation comes into force for punishment when the profit of the outlet exceeds 1.5 million rubles.

Currently, there are several reasons why illegal trade is still common on the streets. First of all, the actions of the police do not have the desired effect on the sellers. The population itself considers retail outlets to be more profitable than chain stores, since they set low prices and are located in accessible places.

On the legality of the organization of trade, you can get advice from experienced professionals from the Right Solution Company - this will help you properly organize your further actions.

Permit for street trading

Street trading includes the sale of goods outside the territory of shopping centers and shops. The most common street vendors are cars and caravans, as well as tents. In order to trade legally, it is necessary to register an individual entrepreneurship or a legal entity. Registration is carried out in the tax authority. Failure to register with the tax service entails a fine of 10% of income, but not less than 40 thousand.

The procedure for obtaining a permit for street trading is regulated by certain provisions in the legislative documents of the Russian Federation. Responsibility for ignoring this procedure is established by the Code of Administrative Offenses of the Russian Federation.

In order to obtain a permit, it is necessary to prepare documents in stages. Initially, the supervisory services are notified of the intention to conduct street trading. Next, you should prepare an application and send it to the local government. The last stage is the coordination of trade with the sanitary and epidemiological service.

It is important to obtain all permits in advance in order to engage in trading activities and avoid fines. Preparation of documents and further transfer can take place both personally and with the help of representatives. Contacting the Legal Solution Company will eliminate possible problems in the process of obtaining a permit, as the specialists have extensive experience in obtaining permits.



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