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Unauthorized trade. Retail Rules

Unauthorized trade is one of the most widespread violations in the Russian Federation, especially in large cities. Not only Russian citizens who want to earn extra money, but also residents of neighboring countries are engaged in such activities. Illicit trade is booming. Many people simply do not understand that there is any harm. And some merchants do not understand why they should spend time on registration, and then also pay taxes to the state. But is the fate of a street vendor without official status in Russia so easy?

unauthorized trade

Illegal sale of goods

Under Russian law, trading without registration as an individual entrepreneur is strictly prohibited. This applies to the sale of handmade items, and vegetables from your own garden, and spare parts from your own car. Unauthorized trade just means the situation when entities operate without registration as individual entrepreneurs or in another form.

In order to receive it, you must apply at the tax office. The latter assigns the corresponding status of an entrepreneur or business entity. Before that, he must choose a tax system. When official status is obtained, unauthorized trade can no longer be attributed to him.

However, it should be noted that some types of unlicensed activities do not require registration. For example, selling flowers at retail or in small wholesale. To trade them, you only need an agreement with the administration of the outlet or market. However, only small volumes of goods can be sold this way.

The concept of illegal trade includes the sale of any goods and the provision of services that are considered illegal, propaganda of hatred or discrimination against people, violating copyrights, insulting accepted moral standards. You can not legalize the sale of such products by registering with the tax service.

The main difference is that unauthorized trade involves the sale of completely normal products and services. They are not considered illegal, do not violate anyone’s copyright, do not promote hatred and discrimination of people on the basis of gender, ethnicity, racial or social grounds.

retail rules

Legislation

The most important document for all enterprises that carry out retail trade is the Decree of the Government of the Russian Federation No. 55. It is approved in accordance with the Law "On Protection of Consumer Rights", and amendments are periodically made to it. If the rules of relations between seller and consumers are not followed, then this is already unauthorized trade. Requirements depend on the type of product. Separately, it is necessary to highlight goods and services that are generally not subject to sale in accordance with the law of the Russian Federation. For example, a firearm. The activities of retail stores are monitored by Rosportrebnadzor, the State Fire Service, and the tax department. Each entrepreneur should familiarize themselves with the list of permitted services, requirements for their quality and safety. At the retailer must be performed:

  • Sanitary standards.
  • Fire safety regulations.

All main documentation should be contained in the “Buyer Corner” or on a special information stand. There should be rules for the sale of this group of goods, a book of reviews and offers, a license, phones of regulatory authorities. The store must have price tags, and employees must have badges.The buyer has the right to return non-food and some other goods within fourteen days. fine for unauthorized trade

The consequences of street business

Retail rules require compulsory registration as an economic entity. Unauthorized sales of goods and services are subject to the Administrative, Tax and even Criminal Code. For trade without registration as an individual entrepreneur, a fine of 500 to 2,000 rubles is due. This is in accordance with Article 14 of the Administrative Code of the Russian Federation.

For direct trading without registration, the entity will have to pay a fine of 10% of the income it receives, but not less than 40 thousand rubles. This is stated in article 116 of the Tax Code of the Russian Federation.

For illegal trading activities there may also be a fine of up to 300 thousand rubles. Such a norm is contained in the 171st article of the Criminal Code of the Russian Federation. It also provides for illegal trade arrest up to 6 months or mandatory public Works up to 480 hours. If as a result of such activity a particularly large income was obtained, then a failed entrepreneur may be fined up to 500 thousand rubles. In this case, even a 5-year arrest is possible.

Separately should be considered the sale of alcoholic beverages. According to the Administrative Code of the Russian Federation, a fine of 10-15 thousand rubles is imposed on her. Mandatory is the seizure of all illicitly sold products.street trading

Problems in the fight

There are three main reasons why street trading is flourishing in large cities of Russia:

  • Weak reaction to her police. Often her actions, if any, are ineffective.
  • Most of the population not only does not consider unauthorized trade harmful, but also believes in its usefulness. For example, many people are in a hurry from work, so it’s easier for them to buy vegetables near the metro, from their grandmothers. In addition, the latter usually sell their products cheaper. However do grandmothers comply sanitary standards? They do not issue a check, so they will not be punished if their customers get sick with something.
  • Most people find retail rules very hard to enforce.

Police work

Suppose a citizen turned to the police about unauthorized trade near the metro. He reports a reported offense. And what happens next? Police officers do not usually arrive immediately and do not issue a fine for unauthorized trafficking. They call back the citizen who has addressed to them. If he has already left the place where these merchants are, they will not come. Most of them have very close relationships with law enforcement officials. If a citizen remains in place, then the police come and seize all the products. However, all counters and accessories remain with the merchants. And after a few hours everything returns to square one. It is also possible that sellers are informed of the export, and they are "curtailed" before the arrival of the police.

illegal trade

How to act to citizens?

Calling the police is still worth it. However, you should immediately take a photo of the place of unauthorized trade. It is desirable that a neighboring panorama is visible on it. If the trade continues, then you need to persistently call the police every half hour. All interactions with law enforcement officials should be recorded. Photos of unauthorized points of sale are also desirable to take every half hour. If the situation does not change, then you need to collect all the information about calls and contact the authorities. If they, too, simply unsubscribe from statements, then their answers can be protested. However, all this takes time. Nobody pays to fighters with unauthorized or illegal trade. But only on such caring people does the welfare of society and the development of the state depend.


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