Register of unscrupulous participants in the auction for the sale of property. Decision to include dishonest auction participants in the register

"Land Code of the Russian Federation" dated October 25, 2001 N 136-FZ (as amended on August 2, 2019)

ZK RF Article 39.12. Conducting an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership

(introduced by Federal Law dated June 23, 2014 N 171-FZ)

1. To participate in the auction, applicants submit the following documents within the period established in the notice of the auction:

1) an application for participation in the auction in the form established in the notice of the auction, indicating the bank account details for the return of the deposit;

2) copies of identification documents of the applicant (for citizens);

3) a duly certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state if the applicant is a foreign legal entity;

4) documents confirming the payment of the deposit.

1.1. To participate in the auction for the right to conclude a lease agreement for a land plot included in the list of state property or the list of municipal property, provided for in Part 4 of Article 18 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", applicants declare their belonging to small and medium-sized businesses by submitting in the form of a document on paper or in the form of an electronic document information from the unified register of small and medium-sized businesses, maintained in accordance with the specified Federal Law, or declare their compliance with the conditions for inclusion to small and medium-sized businesses in accordance with Part 5 of Article 4 of the said Federal Law.

2. Submission of documents confirming the payment of the deposit is recognized as the conclusion of an agreement on the deposit.

3. The auction organizer has no right to demand the presentation of other documents, with the exception of the documents specified in paragraphs 1 and 1.1 of this article. The auction organizer, in relation to applicants - legal entities and individual entrepreneurs, requests information about the applicant contained, respectively, in the unified state register of legal entities and the unified state register of individual entrepreneurs, using a unified system of interdepartmental electronic interaction in the federal executive body carrying out state registration of legal entities, individuals as individual entrepreneurs.

4. Acceptance of documents stops no earlier than five days before the auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership.

5. One applicant has the right to submit only one application to participate in the auction.

6. An application for participation in the auction received after the deadline for accepting applications is returned to the applicant on the day of its receipt.

7. The applicant has the right to withdraw an application for participation in the auction accepted by the auction organizer before the deadline for accepting applications by notifying the auction organizer in writing. The auction organizer is obliged to return the deposit to the applicant within three working days from the date of receipt of the notice of withdrawal of the application. If the application is withdrawn by the applicant later than the deadline for accepting applications, the deposit is returned in the manner established for auction participants.

8. The applicant is not allowed to participate in the auction in the following cases:

1) failure to provide documents necessary for participation in the auction or provision of false information;

2) non-receipt of the deposit on the date of consideration of applications for participation in the auction;

3) filing an application for participation in an auction by a person who, in accordance with this Code and other federal laws, does not have the right to be a participant in a specific auction, a buyer of a land plot, or to purchase a land plot for rent;

4) availability of information about the applicant, about the founders (participants), about members of the collegial executive bodies of the applicant, persons performing the functions of the sole executive body of the applicant, which is a legal entity, in the register of dishonest auction participants provided for in this article.

9. The auction organizer maintains a protocol for the consideration of applications for participation in the auction, which must contain information about applicants admitted to participate in the auction and recognized as auction participants, dates for filing applications, deposits made, as well as information about applicants not allowed to participate in the auction, indicating the reasons for refusal of admission to participate in it. An applicant recognized as an auction participant becomes an auction participant from the date the auction organizer signs the protocol for considering applications. The protocol for considering applications for participation in the auction is signed by the auction organizer no later than within one day from the date of their consideration and is posted on the official website no later than the next day after the day the protocol was signed.

10. The auction organizer sends notifications of decisions made regarding them to applicants recognized as auction participants and applicants not allowed to participate in the auction no later than the day following the day of signing the protocol specified in paragraph 9 of this article.

11. The auction organizer is obliged to return to the applicant not allowed to participate in the auction the deposit he made within three working days from the date of registration of the protocol for accepting applications for participation in the auction.

12. If, based on the results of consideration of applications for participation in the auction, a decision is made to refuse admission to all applicants to participate in the auction or to admit only one applicant to participate in the auction and recognize only one applicant as a participant in the auction, the auction is recognized as failed.

13. If the auction is declared invalid and only one applicant is recognized as a participant in the auction, the authorized body, within ten days from the date of signing the protocol specified in paragraph 9 of this article, is obliged to send to the applicant three copies of the signed draft sale and purchase agreement or draft lease agreement land plot. In this case, the purchase and sale agreement for a land plot is concluded at the initial price of the auction item, and the amount of the annual rent or the amount of the first rent payment under the land plot lease agreement is determined in an amount equal to the initial price of the auction item.

14. If, after the deadline for submitting applications for participation in the auction, only one application for participation in the auction is submitted or no applications for participation in the auction are submitted, the auction is recognized as failed. If the only application for participation in the auction and the applicant who submitted the said application meet all the requirements and the auction conditions specified in the notice of the auction, the authorized body, within ten days from the date of consideration of the said application, is obliged to send to the applicant three copies of the signed draft sale and purchase agreement or draft land lease agreement. In this case, the purchase and sale agreement for a land plot is concluded at the initial price of the auction item, and the amount of the annual rent or the amount of the first rent payment under the land plot lease agreement is determined in an amount equal to the initial price of the auction item.

15. The results of the auction are documented in a protocol drawn up by the auction organizer. The protocol on the auction results is drawn up in two copies, one of which is given to the auction winner, and the second remains with the auction organizer. The protocol indicates:

1) information about the place, date and time of the auction;

2) the subject of the auction, including information about the location and area of the land plot;

3) information about the auction participants, the starting price of the auction item, the last and penultimate offers on the price of the auction item;

4) name and location (for a legal entity), last name, first name and (if any) patronymic, place of residence (for a citizen) of the auction winner and another auction participant who made the penultimate offer on the price of the auction item;

5) information about the last offer on the price of the auction item (the price of the land plot being acquired, the amount of the annual rent or the amount of the first rent payment).

16. The protocol on the results of the auction is posted on the official website within one working day from the date of signing this protocol.

17. The winner of the auction is the auction participant who offered the highest price for a land plot or the highest annual rent for a land plot.

The winner of the auction for the right to conclude a lease agreement for a land plot for the comprehensive development of the territory (except for cases of an auction in accordance with paragraph 7 of Article 39.18 of this Code) is the auction participant who offered the largest amount of the first lease payment.

(see text in the previous edition)

18. Within three working days from the date of signing the protocol on the results of the auction, the auction organizer is obliged to return the deposits to the persons who participated in the auction but did not win it.

19. In the event that only one participant participated in the auction or none of the auction participants were present during the auction, or if after three times the proposal on the starting price of the auction item was announced, not a single proposal was received on the price of the auction item, which provided If the price of the auction item is higher, the auction is declared invalid.

20. The authorized body sends to the winner of the auction or the only participant who took part in the auction three copies of the signed draft purchase and sale agreement or draft land lease agreement within ten days from the date of drawing up the protocol on the results of the auction. In this case, the contract for the purchase and sale of a land plot is concluded at the price offered by the winner of the auction, or in the case of concluding the specified contract with the only participant who took part in the auction, at the initial price of the auction item, and the amount of the annual rent or the amount of the first rent payment under the land lease agreement plot is determined in the amount proposed by the winner of the auction, or in the case of concluding the specified agreement with the only participant who took part in the auction, it is established in an amount equal to the initial price of the auction item. It is not allowed to conclude these agreements earlier than ten days from the date of posting information about the results of the auction on the official website.

21. A deposit made by a person recognized as the winner of the auction, a deposit made by another person with whom a purchase and sale agreement or a lease agreement for a land plot is concluded in accordance with paragraph 13 or of this article are counted towards payment for the acquired land plot or towards the rent for him. Deposits made by these persons who have not concluded a purchase and sale agreement or a lease agreement for a land plot in accordance with the procedure established by this article due to evasion from concluding these agreements are not returned.

22. It is not allowed to demand from the auction winner, another person with whom a purchase and sale agreement or a land lease agreement is concluded in accordance with paragraph 13 or this article, reimbursement of expenses associated with the implementation of cadastral work in relation to the land plot that is the subject of these contracts, as well as costs associated with organizing and conducting the auction.

23. The auction organizer has the right to announce a repeat auction if the auction was declared invalid and the person who submitted the only application for participation in the auction, the applicant recognized as the only participant in the auction, or the only participant who took part in the auction within thirty days from the date sending them a draft purchase and sale agreement or a draft lease agreement for a land plot, and in the case provided for in paragraph 24 of this article, also a draft agreement on the integrated development of the territory, they did not sign and submit the specified agreements to the authorized body (if there are specified persons). However, the terms of the re-auction may be changed.

24. If an auction is held for the purpose of providing a land plot for lease for the integrated development of the territory, simultaneously with the lease agreement for the land plot, the person with whom the said agreement is concluded in accordance with this article is also sent two copies of the draft agreement on the integrated development of the territory, signed by a representative of the authorized organ.

25. If a purchase and sale agreement or a lease agreement for a land plot, and in the case provided for in paragraph 24 of this article, also an agreement on the integrated development of the territory, within thirty days from the date of sending drafts of these agreements to the auction winner, they were not signed by him and submitted to the authorized body , the auction organizer offers to conclude the specified contracts to another auction participant who made the penultimate offer on the price of the auction item, at the price offered by the auction winner.

26. If, within thirty days from the date of sending to the auction participant who made the penultimate offer on the price of the auction item, a draft sale and purchase agreement or a draft land lease agreement, and in the case provided for in paragraph 24 of this article, also a draft agreement on the comprehensive development of the territory, this participant has not submitted the signed agreements to the authorized body, the auction organizer has the right to announce a repeat auction or dispose of the land plot in another way in accordance with this Code.

27. Information about auction winners who evaded concluding a purchase and sale agreement or a lease agreement for a land plot that is the subject of an auction, and about other persons with whom these agreements are concluded in accordance with paragraph 13 or this article and who evaded their conclusion, are included in the register of dishonest auction participants.

28. The register of dishonest auction participants is maintained by a federal executive body authorized by the Government of the Russian Federation.

29. The following information is included in the register of dishonest auction participants:

1) name, company name (if any), location (for a legal entity), last name, first name and (if available) patronymic (for citizens), taxpayer identification number or, in accordance with the legislation of a foreign state, an analogue of the taxpayer identification number (for a foreign persons) persons specified in

Information about auction winners who evaded concluding a purchase and sale agreement or a lease agreement for a land plot that is the subject of an auction, and about other persons with whom these agreements are concluded in accordance with paragraphs 13,14 or 20 of Article 39.12 of the Land Code of the Russian Federation (hereinafter referred to as the Code ) and who evaded their conclusion are included in the register of unscrupulous auction participants.

The register of dishonest auction participants is maintained by a federal executive body authorized by the Government of the Russian Federation.

The register of dishonest auction participants includes the following information:

2) name, taxpayer identification number (for a legal entity) or, in accordance with the legislation of a foreign state, an analogue of the taxpayer identification number (for a foreign entity) of the founders (participants) of legal entities specified in paragraph 27 of Article 39.12 of the Code, last name, first name and (if any ) patronymic (for citizens) of founders (participants), members of collegial executive bodies, persons performing the functions of the sole executive body of legal entities specified in paragraph 27 of Article 39.12 of the Code;

3) the date of the auction if the winner of the auction avoided concluding a purchase and sale agreement or a lease agreement for the land plot that is the subject of the auction, the date of recognition of the auction as invalid if the person who submitted the only application for participation in the auction, the applicant recognized as the only one a participant in the auction, or the only participant who took part in the auction, evaded concluding the specified contracts;

4) the date of entering the information specified in this paragraph into the register of dishonest auction participants.

If the auction winner or another person with whom the purchase and sale agreement or the land lease agreement is concluded in accordance with paragraphs 13,14 or 20 of Article 39.12 of the Code, within thirty days from the date the authorized body sent them the draft of the said agreement, and in the case provided for by paragraph 24 of Article 39.12 of the Code, also the draft agreement on the integrated development of the territory, the specified agreements have not been signed and submitted to the authorized body, the authorized body, within five working days from the date of expiration of this period, sends the information provided for in subparagraphs 1-3 of paragraph 29 Article 39.12 of the Code, to the federal executive body authorized by the Government of the Russian Federation to include them in the register of dishonest auction participants.

The information provided for in paragraph 29 of Article 39.12 of the Code is excluded from the register of dishonest auction participants after two years from the date of their entry into the register of dishonest auction participants.

The entry of information about the persons specified in paragraph 27 of Article 39.12 of the Code into the register of dishonest auction participants or the content of this information in the register of dishonest auction participants, as well as failure to perform the actions provided for in paragraph 32 of Article 39.12 of the Code, can be appealed by an interested person in court.

The procedure for maintaining the register of dishonest auction participants, including the requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of this register, is established by the federal executive body authorized by the Government of the Russian Federation.

“Refuseniks” will be included in the register of unscrupulous participants in land auctions

The list of grounds for inclusion in the register of unscrupulous participants in land auctions may be expanded. The corresponding bill was developed by the Ministry of Economic Development of the Russian Federation and submitted to the government, Izvestia reported today, April 25.

Now only those who do not want to pay for the won plot are included in the so-called blacklists. However, as the publication writes, scammers often participate in land auctions. They demand compensation from real buyers, and upon receiving it, they withdraw their applications.

According to Oleg Khmelevsky, senior lawyer at BGP Litigation, such “raiders” come to every sixth auction, receiving a kickback of up to 10-15 percent of the cost of the site.

“The bill proposes to clarify the provisions of the Land Code of the Russian Federation, stipulating that the register of dishonest participants includes information about persons who submitted statements of intention to participate in the auction and evaded participation in the auction - for example, they did not submit documents within the deadline established in the notice of the auction , withdrew the application to participate in the auction, were not present during the auction, did not submit a single proposal on the price of the auction item,” Alexey Butovetsky, director of the real estate department of the Ministry of Economic Development, explained to the media.

According to the FAS, there are currently 538 organizations and names on the blacklist. Inclusion in the register will not allow fraudsters to take part in any auction, which makes this business completely pointless, Butovetsky believes. Such persons cannot participate in tenders for at least two years. As for conscientious participants, they, on the contrary, will benefit due to less speculation, Izvestia writes.

www.medialeaks64.com

In the register of dishonest auction participants

The Vladimir OFAS Russia decided to include information about a legal entity in the register of dishonest auction participants

On August 17, 2017, the Vladimir OFAS Russia considered the case of including in the register of dishonest auction participants information about the legal entity Potok LLC, which had evaded concluding a lease agreement, which was the subject of an auction for the right to conclude a lease agreement for a land plot located in municipal ownership.

Guided by Article 39.12 of the Land Code of the Russian Federation, Order of the FAS Russia dated April 14, 2015 No. 247/15 “On the procedure for maintaining a register of unscrupulous participants in an auction for the sale of a land plot located in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot located in state or municipal property, including requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of this register,” the Vladimir OFAS Russia Commission decided to include information about the legal entity Potok LLC in the register of dishonest auction participants.

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Comments are free, facts are sacred.

If a company is included in one of the registers of unscrupulous suppliers (according to 44-FZ or 223-FZ), then participation in procurement over the next two years becomes practically impossible for it, since most customers include in the procurement documentation a requirement that the participant not be included to the register of unscrupulous suppliers.

What is the register of unscrupulous suppliers

The legislation does not contain a key definition of a “register of unscrupulous suppliers.” In a broad sense, this is systematized information about performers who, in accordance with the established procedure, were found to be dishonest. The RNP under 44-FZ is maintained by the Federal Antimonopoly Service of Russia, guided by the Procedure for maintaining the register, which was approved by Government Resolution No. 1062 of November 25, 2013.

The list of unscrupulous suppliers allows you to warn other procurement participants about the unreliability of counterparties. If there is no information about the company or individual entrepreneur, this indicates either their integrity, or that they did not participate in the procurement or did not win it. If information about an individual entrepreneur, a company, its director and founders, members of the board or other collegial body of a legal entity is on the list, this limits their ability to participate in other procurements.

The total period for which information is kept in the RNP is two years, after which the information is deleted.

Sending information to the FAS for inclusion is the responsibility of the customer, and not his right. If he doesn't do this, he faces administrative responsibility.

On the official site "gov purchases" The register of unscrupulous suppliers is publicly available. The FAS Russia website has been configured to redirect to the FAS register of unscrupulous suppliers ( official site).

Grounds for inclusion in the RNP

The RNP in the field of the contract system (state and municipal orders) contains information about participants who evaded concluding a contract or did not fulfill their obligations.

At the stage of concluding a contract, the grounds for entering information are:

evasion by the winner of the procedure from concluding a contract (and concluding a contract with a procurement participant whose application or proposal is assigned the second number);
evasion of the only procurement participant with whom the contract is concluded in the cases provided for by 44-FZ.

The winner will be included in the list if he:

did not sign the draft contract by the deadline;
did not submit all copies of the contract to the customer;
did not provide adequate security for the performance of the contract;
sent a protocol of disagreements thirteen days after summing up the auction results.

Reasons for inclusion already at the contract execution stage:

the customer terminated the contract in court due to a significant violation of its terms;
unilateral refusal of the customer to fulfill the contract due to a significant violation of the terms by the contractor (for example, violation of the deadlines for completing work established by the municipal contract).

RNP according to 223-FZ

RNP under 223-FZ is also conducted by the Federal Antimonopoly Service.

The list of information that is included in the RNP and the procedure for sending it by customers to the Federal Antimonopoly Service of the Russian Federation is established by Decree of the Government of the Russian Federation dated November 22, 2012 N 1211.

Moreover, within the framework of 223-FZ, customers are given the right to establish a requirement for participants in the procedure that there is no information both in the register under 223-FZ and in the RNP under 44-FZ.

Grounds for inclusion in the RNP under 223-FZ

The RNP includes information:

about participants who avoided concluding an agreement (only if concluding an agreement following the procedure was mandatory);
about performers with whom contracts were terminated by court decision.

When deciding whether to include a person in the RNP, it is necessary to analyze the relevant Procurement Regulations and procurement documentation. As a rule, cases of mandatory conclusion of a contract include trading procedures (competition, auction, electronic auction, etc.) and do not include other procurement methods (request for proposals, request for prices, request for quotations, etc.).

Termination of the contract out of court releases the customer from the obligation to send information to the RNP.

Verification algorithm

On the main page of the EIS website On the panel highlighted in black on the left, click the “Monitoring, audit and control in the field of procurement” button. In the list that opens below, select “Register of Unscrupulous Suppliers”.

The UIS contains both the register of unscrupulous suppliers 44 Federal Laws and the register of unscrupulous suppliers 223 Federal Laws. By default, both options are selected. But you can search only by one of them by unchecking the corresponding box.

The fastest way to find out whether information is included in the register of unscrupulous suppliers is to check by TIN; FAS places the TIN as mandatory information.

Add the TIN of a legal entity or individual entrepreneur to the search bar and start the search.

A quick search can also be carried out by the name of the counterparty.

If you have additional data, you can use the “Advanced Search” option.

Select which law you want to search by, enter known information about the supplier and click the Find button.

guardinfo.online

The administration of Chkalovsk asks to include the auction winner in the Register of Unscrupulous Participants

The Office of the Federal Antimonopoly Service for the Nizhny Novgorod Region received an appeal from the administration of the urban district of the city of Chkalovsk, Nizhny Novgorod Region.

The administration complained about the unlawful actions of an individual - the winner of the auction for the sale of a land plot, with cadastral number 52:13:0010405:199, located at the address: Nizhny Novgorod region, Chkalovsk, Katunki village, Naberezhnaya street near the house 9a.

Based on the minutes of the meeting of the commission for bidding (auctions, competitions) for the sale of land plots to citizens and legal entities or the right to conclude land lease agreements dated April 12, 2018 No. 2-r, a draft land purchase and sale agreement was prepared and sent to the auction winner for signature.

However, within the period established by law, the contract was not signed and was not returned to the administration.

In this regard, the administration appealed to the antimonopoly authority with a request to include the auction winner in the Register of dishonest auction participants.

Based on clause 8 of the Order of the Federal Antimonopoly Service of Russia dated April 14, 2015 No. 247/15 “On the procedure for maintaining a register of unscrupulous participants in an auction for the sale of a land plot located in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot located in state property, including requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of this register,” the Ministry’s appeal was accepted for consideration by the Nizhny Novgorod OFAS Russia commission No. 4 for consideration of appeals against the actions of dishonest auction participants (Order of the OFAS Russia for the Nizhny Novgorod region dated 02.09.2015 No. 330).

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In order to implement paragraph 34 of Article 39 of the Land Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, N 44, Art. 4147; 2014, N 26, Art. 3377), subparagraph 5.3.4.1 of subparagraph 5.3 of paragraph 5 of the Regulations on the Federal Antimonopoly Service, approved by Decree of the Government of the Russian Federation dated June 30, 2004 N 331 “On approval of the Regulations on the Federal Antimonopoly Service” (Collected Legislation of the Russian Federation, 2004, N 31, Art. 3259; 2015, N 10, Art. 1543), I order:

1. Approve the attached Procedure for maintaining a register of dishonest participants in an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership, including requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of this register.

2. I reserve control over the execution of this order.

Head I. Artemyev

The procedure for maintaining a register of dishonest participants in an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership, including requirements for technological, software, linguistic, legal and organizational means ensuring the maintenance of this register

1. This Procedure establishes the rules for maintaining a register of dishonest participants in an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership (hereinafter referred to as the register), including requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of the register.

2. The register is maintained electronically. The information contained in the register must be available for review on the official website of the Russian Federation on the Internet information and telecommunications network for posting information about bidding at www.torgi.gov.ru (hereinafter referred to as the official website).

3. Maintaining a register, including inclusion in the register or exclusion from the register of information about unscrupulous participants in an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership (hereinafter referred to as - auction) is carried out by the central office of the Federal Antimonopoly Service. The inclusion of information about dishonest auction participants in the register is carried out taking into account the requirements of the legislation of the Russian Federation on state secrets.

4. The information provided for in paragraph 29 of Article 39 of the Land Code of the Russian Federation (hereinafter referred to as information), with the exception of the information specified in subparagraph 4 of paragraph 29 of Article 39 of the Land Code of the Russian Federation, is sent to:

The federal executive body to the central office of the Federal Antimonopoly Service;

A territorial body of a federal executive body, an executive body of a constituent entity of the Russian Federation, a local government body to the corresponding territorial body of the Federal Antimonopoly Service.

5. The executive body of state power or the local government body specified in paragraph 5 of this Procedure (hereinafter referred to as the authorized body), in addition to information, sends to the central office of the Federal Antimonopoly Service or its territorial body documents confirming the facts of dishonesty of the auction participant (hereinafter referred to as documents):

A copy of the protocol of consideration of applications for participation in the auction;

A copy of the protocol on the results of the auction;

A copy of the document confirming the transfer (sending) to the winner of the auction of a draft purchase and sale agreement or a draft lease agreement for a land plot located in state or municipal ownership, for its signing;

Documents evidencing the evasion of the auction winner or another person specified in paragraphs 13, 14 or 20 of Article 39 of the Land Code of the Russian Federation from concluding a purchase and sale agreement or a lease agreement for a land plot located in state or municipal ownership, as well as an agreement on complex development of the territory in the case of a land plot being leased for a specified purpose (for example, a protocol drawn up by the auction organizer on the evasion of the auction winner from concluding an agreement, which contains information about the place, date and time of its preparation).

6. Information and documents are sent by the authorized body to the central office of the Federal Antimonopoly Service or its territorial body with a covering letter (hereinafter referred to as the appeal), signed by an authorized official, on paper or in the form of an electronic document. If information and documents are submitted in the form of an electronic document, the application must be signed by an authorized official using a simple electronic signature.

The appeal must contain contact information of the authorized body and the person whose information was sent by the authorized body for inclusion in the register (information about the location or place of residence (in relation to an individual), telephone and fax numbers (if available), email address (if available ), and a list of attached documents.

7. The appeal is returned to the authorized body within 5 working days in the following cases:

The appeal does not contain the information specified in paragraph 29 of Article 39 of the Land Code of the Russian Federation;

The documents specified in paragraph 5 of this Procedure are not attached to the application;

The appeal is not signed by an authorized official, or signed by an unauthorized official.

8. Consideration of the application is carried out by a commission created on the basis of an order from the head of the Federal Antimonopoly Service or its territorial body (hereinafter referred to as the commission), within 10 working days from the date of registration of information and documents in the central office of the Federal Antimonopoly Service or its territorial body with the participation of representatives of the authorized body and representatives of the person whose information was sent by the authorized body for inclusion in the register.

9. Within 5 working days from the date of registration of information and documents in the central office of the Federal Antimonopoly Service or its territorial body, the commission sends to the authorized body and the person whose information was sent by the authorized body for inclusion in the register, a notification of the place and time of consideration of the application. The notification is sent by post or fax or email in accordance with the information provided by the authorized body.

In case of failure to appear by representatives of the authorized body and (or) representatives of the person whose information was sent by the authorized body for inclusion in the register, duly notified of the time and place of consideration of the application, consideration of the application is carried out in their absence.

10. The authorized body or the person whose information was sent by the authorized body for inclusion in the register has the right to send additions, objections, and explanations to the central office of the Federal Antimonopoly Service or its territorial body no later than 2 business days before the date of consideration of the application.

11. The commission has the right to postpone consideration of the application for a period of no more than 10 working days if it is necessary to obtain additional documents and (or) information, as well as the need to notify the authorized body or the person whose information was sent by the authorized body for inclusion in the register.

12. Based on the results of consideration of the application, the commission makes a decision on inclusion of information in the register or refusal to include information in the register (hereinafter referred to as the decision). The operative part of the decision is subject to announcement upon completion of consideration of the appeal.

The decision must be made in full within 3 working days from the date of announcement of the operative part of the decision.

13. Within 3 working days from the date of production of the decision, an order is issued in full by the Federal Antimonopoly Service or its territorial body to include information in the register or to refuse to include information in the register.

14. Within 3 working days from the date of issuance of the order to include information in the register or to refuse to include information in the register, the central office of the Federal Antimonopoly Service or its territorial body sends to the authorized body and the person whose information was sent by the authorized body for inclusion in the register, copies of the said order and decision.

15. Within 3 working days from the date of issuance of the order to include information in the register, the territorial body of the Federal Antimonopoly Service sends a copy of the said order in electronic form to the central office of the Federal Antimonopoly Service.

16. Within 3 working days from the date of issuance of the order of the central office of the Federal Antimonopoly Service to include information in the register or the date of receipt by the central office of the Federal Antimonopoly Service of a copy of the order of the territorial body of the Federal Antimonopoly Service to include information in the register in electronic form, the central office of the Federal Antimonopoly Service enters information in the register. The specified information forms a register entry, which must be signed by an official of the central office of the Federal Antimonopoly Service, vested with the appropriate powers, using a simple electronic signature.

17. When entering information into the register, the following shall be indicated:

a) register entry number;

b) information provided for in paragraph 29 of Article 39 of the Land Code of the Russian Federation.

18. Information is excluded from the register after two years from the date of its inclusion in the register.

19. Information excluded from the register, as well as electronic logs of transactions, are stored in the central office of the Federal Antimonopoly Service in electronic form in the manner established by the legislation on archiving in the Russian Federation.

20. The register is maintained in the state language of the Russian Federation. The names of foreign legal entities and the last name, first name and patronymic (if any) of individuals can be indicated using letters of the Latin alphabet.

21. Information and documents submitted to the central office of the Federal Antimonopoly Service in written or electronic form are stored in the central office of the Federal Antimonopoly Service in accordance with the legislation on archival affairs in the Russian Federation and the legislation of the Russian Federation on state secrets.

Information and documents submitted to the territorial body of the Federal Antimonopoly Service in written or electronic form are stored in the territorial body of the Federal Antimonopoly Service in accordance with the legislation on archival affairs in the Russian Federation and the legislation of the Russian Federation on state secrets.

22. In order to protect information included in the register, the following is ensured:

a) use of simple electronic signature means;

b) use of anti-virus protection tools;

c) maintaining electronic logs of transactions performed using the official website software;

d) restricting access to the technical means with which the registry is located and operates;

e) daily copying of the information contained in the register to a backup medium, ensuring the possibility of its restoration;

f) integrity of information and its protection from unauthorized modification, copying and destruction;

g) automatic exclusion of information from the register upon expiration of a two-year period from the date of entry of such information into the register with the preservation of the specified information in the archive.

23. The software and hardware used to maintain the register must provide:

a) uninterrupted work on maintaining the register, protecting information resources from hacking and unauthorized access;

b) accounting of information received by the central office of the FAS Russia in electronic form and included in the register;

c) searching for information about an unscrupulous auction participant using the register entry number and information provided for in paragraph 29 of Article 39 of the Land Code of the Russian Federation;

d) generation, at the request of a visitor to the official website, of a certificate indicating that information is in the register.

"On the procedure for maintaining a register of dishonest participants in an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership, including requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of this register"

2. I reserve control over the execution of this order.

Head I. Artemyev
The procedure for maintaining a register of dishonest participants in an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership, including requirements for technological, software, linguistic, legal and organizational means ensuring the maintenance of this register

The federal executive body to the central office of the Federal Antimonopoly Service;

A copy of the protocol of consideration of applications for participation in the auction;

A copy of the protocol on the results of the auction;

7. The appeal is returned to the authorized body within 5 working days in the following cases:

The appeal does not contain the information specified in paragraph 29 of Article 39 of the Land Code of the Russian Federation;

The documents specified in paragraph 5 of this Procedure are not attached to the application;

The appeal is not signed by an authorized official, or signed by an unauthorized official.

The decision must be made in full within 3 working days from the date of announcement of the operative part of the decision.

17. When entering information into the register, the following shall be indicated:

A) register entry number;

B) information provided for in paragraph 29 of Article 39 of the Land Code of the Russian Federation.

18. Information is excluded from the register after two years from the date of its inclusion in the register.

22. In order to protect information included in the register, the following is ensured:

A) the use of simple electronic signatures;

B) use of anti-virus protection tools;

C) maintaining electronic logs of transactions performed using the official website software;

D) restricting access to the technical means with which the registry is located and operates;

D) daily copying of the information contained in the register to a backup medium, ensuring the possibility of its restoration;

E) integrity of information and its protection from unauthorized modification, copying and destruction;

G) automatic exclusion from the register of information after a two-year period from the date of entering such information into the register with the preservation of the specified information in the archive.

23. The software and hardware used to maintain the register must provide:

A) uninterrupted work on maintaining the register, protecting information resources from hacking and unauthorized access;

B) accounting of information received by the central office of the FAS Russia in electronic form and included in the register;

C) search for information about an unscrupulous auction participant using the register entry number and information provided for in paragraph 29 of Article 39 of the Land Code of the Russian Federation;

D) generation, at the request of a visitor to the official website, of a certificate indicating that information is in the register.

Order of the Federal Antimonopoly Service of April 14, 2015 N 247/15 “On the procedure for maintaining a register of dishonest participants in an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership , including requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of this register" (with amendments and additions)

Order of the Federal Antimonopoly Service of April 14, 2015 N 247/15
"On the procedure for maintaining a register of dishonest participants in an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership, including requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of this register"

With changes and additions from:

7. The appeal is returned to the authorized body within 5 working days in the following cases:

The appeal does not contain the information specified in paragraph 29 of Article 39.12 of the Land Code of the Russian Federation;

The documents specified in paragraph 5 of this Procedure are not attached to the application;

The appeal is not signed by an authorized official, or signed by an unauthorized official.

The decision must be made in full within 3 working days from the date of announcement of the operative part of the decision.

The said order must contain the information provided for in paragraph 29 of Article 39.12 of the Land Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2001, N 44, Art. 4147; 2014, N 26 (Part I), Art. 3377; 2015, N 17 (Part IV ), Article 2477).

If the order of the territorial body of the Federal Antimonopoly Service does not contain all the information provided for in paragraph 13 of this Procedure, or false information, the central office of the Federal Antimonopoly Service returns the specified order within three working days from the date of its receipt, while information about the dishonest participant is not included in the register .

18. Information is excluded from the register after two years from the date of its inclusion in the register.

Information and documents submitted to the territorial body of the Federal Antimonopoly Service in written or electronic form are stored in the territorial body of the Federal Antimonopoly Service in accordance with d) generation, at the request of a visitor to the official website, of a certificate of information being in the register of information.

FAS Russia is authorized to maintain a register of unscrupulous participants in auctions for the sale and lease of state (municipal) lands. The procedure has been established.

Thus, the register is maintained electronically. Information from it should be available on the website www.torgi.gov.ru.

The executive body of state power or local government sends to the central office of the Service the necessary information and documents confirming the dishonesty of the auction participant. This is done on paper or in the form of an electronic document. In the latter case, a simple electronic signature must be used.

Information and documents are reviewed by a special commission. This involves representatives of the authorized body and the person whose information was sent by this body for inclusion in the register. The authorized body or the specified person may submit additions, objections, and explanations.

The commission makes a decision on inclusion in the register (or refusal to do so). An appropriate order is issued. After this, the information is entered into the register. They form a register entry, which is signed with a simple electronic signature.

The timing of the procedures has been determined.

Information is excluded from the register after 2 years.

Requirements have been established for technological, software, linguistic, legal and organizational means of ensuring the maintenance of the register.

This order comes into force 10 days after the day of its official publication

This document is amended by the following documents:

Order of the Federal Antimonopoly Service of August 2, 2017 N 1010/17