Russian Government Decree 860. Automotive safety - safe car
Judicial practice and legislation - Decree of the Government of the Russian Federation of August 27, 2012 N 860 (as amended on May 15, 2019) “On the organization and conduct of the sale of state or municipal property in electronic form” (together with the “Regulation on the organization and conduct of the sale of state or municipal property in electronic form")
Decree of the Government of the Russian Federation dated 08/27/2012 N 860 “On organizing and conducting the sale of state and municipal property in electronic form”, Decree of the Government of the Russian Federation dated 07/22/2002 N 549 “On approval of the Regulations on organizing the sale of state or municipal property through a public offer and without announcing the price", ed. dated 12.02.2011 N 71 (hereinafter referred to as Resolution N 549) Resolution of the Government of the Russian Federation dated 12.08.2002 N 584 “On approval of the Regulations on holding a tender for the sale of state or municipal property”, as amended. dated 12.02.2011 N 71 (hereinafter referred to as Resolution N 584) Resolution of the Government of the Russian Federation dated 12.08.2002 N 585 “On approval of the Regulations on organizing the sale of state or municipal property at auction and the regulations on organizing the sale of state or municipally owned shares of open joint stock companies societies at a specialized auction", ed. dated 12.02.2011 N 71 (hereinafter referred to as Resolution N 585)
- Appendix No. 1. Minimum requirements for the provision of public roads of federal, regional, intermunicipal and local significance with road service facilities located within the boundaries of the right of way of highways for servicing road users Appendix No. 2. Requirements for the list of minimum necessary services provided on road service facilities located within the boundaries of highway right of way
Decree of the Government of the Russian Federation of October 29, 2009 N 860
"On the requirements for the provision of public roads with road service facilities located within the boundaries of right of way"
With changes and additions from:
at road service facilities located within the boundaries of highway rights-of-way, the provision of minimum necessary services is ensured in accordance with the requirements for the list of minimum necessary services provided at road service facilities located within the boundaries of highway rights-of-way, in accordance with Appendix No. 2.
Public roads of federal, regional, intermunicipal and local significance are equipped with various road service facilities.
Objects are located within the boundaries of the right of way of such roads and can be combined into complexes.
The minimum necessary requirements for the placement of these objects are given.
Thus, motels must be located on motorways and expressways of category 1B (the maximum distance between them is 250 km).
On roads of other classes (categories) there should be gas stations, public catering facilities, service stations, car washes, recreation areas, and retail establishments.
The maximum distance between objects is determined (depending on the class (category) of roads).
Requirements have been established for the list of minimum necessary services provided at road service facilities.
Thus, motels must be equipped with toilets, catering facilities, laundries, communications facilities, showers, and guarded parking for vehicles.
Recreation areas should have toilets, garbage bins, vehicle parking, tables and benches for resting and eating.
Trade establishments must sell food, technical fluids and automotive accessories.
In addition, the equipment of road service facilities must ensure unimpeded access for people with disabilities (including people with disabilities using wheelchairs and guide dogs) to them.
Decree of the Government of the Russian Federation of October 29, 2009 N 860 “On the requirements for the provision of public roads with road service facilities located within the boundaries of right of way”
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
On the requirements for the provision of public roads with road service facilities located within the boundaries of right of way
Document with changes made:
(Official Internet portal of legal information www.pravo.gov.ru, 06/04/2013);
(Official Internet portal of legal information www.pravo.gov.ru, 01.09.2015, N 0001201509010041) (came into force on November 1, 2016).
____________________________________________________________________
In accordance with Article 22 of the Federal Law "On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation" the Government of the Russian Federation
decides:
Establish that:
public highways of federal, regional, intermunicipal and local significance are equipped with various types of road service facilities located within the boundaries of the right of way of such highways, based on the transport and operational characteristics and consumer properties of these roads;
road service facilities of various types can be combined into single complexes;
placement of each type of road service facilities within the boundaries of the right of way of a highway of the corresponding class and category is carried out in accordance with the territory planning documentation, taking into account the minimum requirements for the provision of public roads of federal, regional, intermunicipal and local significance with road facilities necessary to serve road users services located within the boundaries of the right of way of highways, in accordance with Appendix No. 1;
at road service facilities located within the boundaries of highway rights-of-way, the provision of minimum necessary services is ensured in accordance with the requirements for the list of minimum necessary services provided at road service facilities located within the boundaries of highway rights-of-way, in accordance with Appendix No. 2.
Chairman of the Government
Russian Federation
V.Putin
Appendix No. 1. Minimum requirements for the provision of public roads of federal, regional, intermunicipal and local significance with road service facilities for servicing road users, ...
Appendix No. 1
to the Government resolution
Russian Federation
dated October 29, 2009
N 860
Minimum requirements for the provision of public roads of federal, regional, intermunicipal and local significance with road service facilities located within the boundaries of highway right of way to serve road users
Type of road service object | Maximum distance between road service facilities of the same type, km |
|
Motorway (IA), | motel (camping) | |
expressway (IB), | ||
low-speed road (IV) | catering station | |
recreation area* | ||
Decree of the Government of the Russian Federation of August 27, 2015 N 890. |
||
________________ |
||
Low-speed road (II), | catering station | |
non-express road (III) | gas station (including a washing station, retail establishment, charging points (stations) for vehicles with electric motors) | |
(Line as amended, put into effect on November 1, 2016 by Decree of the Government of the Russian Federation dated August 27, 2015 N 890. |
||
service station | ||
recreation area* | ||
________________ |
||
Non-express road (IV) | catering station | |
(Line as amended, put into effect on November 1, 2016 by Decree of the Government of the Russian Federation dated August 27, 2015 N 890. |
||
service station | ||
recreation area | ||
Low-speed road (V) | gas station (including retail establishment, charging points (stations) for vehicles with electric motors) | |
(Line as amended, put into effect on November 1, 2016 by Decree of the Government of the Russian Federation dated August 27, 2015 N 890. |
||
catering station | ||
Appendix No. 2. Requirements for the list of minimum necessary services provided at road service facilities located within the boundaries of highway right of way
Appendix No. 2
to the Government resolution
Russian Federation
dated October 29, 2009
N 860
Camping
The need for seasonal (during the summer flow of passengers) reception and service (with partial self-service) for owners and users of vehicles (accommodation in a tent camp and partly in light unheated premises), including ensuring lighting of the entire territory of the facility at night, as well as providing opportunity to use the following facilities:
parking a vehicle at your place of residence;
catering point;
shower cabins;
garbage bins;
consumer services pavilion, including areas for individual cooking and eating.
Motel
The need for year-round reception and service for owners and users of vehicles with short-term and long-term stays, including ensuring lighting of the entire territory of the facility at night, as well as providing the opportunity to use the following facilities:
catering point;
laundry;
means of communication;
shower cabins;
garbage bins;
guarded parking for vehicles.
Recreation area
The need to receive owners and users of vehicles for short-term recreation, including ensuring lighting of the entire territory of the facility at night (if it is possible to use existing electrical networks), as well as providing the opportunity to use the following facilities:
tables and benches for resting and eating;
parking of vehicles;
garbage bins.
Public catering station
Ensuring the possibility of purchasing food and (or) eating on the territory of a public catering facility, lighting the entire territory of the facility at night, as well as ensuring the opportunity to use the following facilities:
parking area for cars and trucks;
garbage bins.
Gas station
Ensuring the possibility of refueling vehicles with fuel and lubricants and gas motor fuel, lighting the entire territory of the facility at night, as well as ensuring the opportunity to use the following facilities:
(Paragraph as amended, put into effect on June 12, 2013 by Decree of the Government of the Russian Federation dated May 29, 2013 N 451.
trade pavilion for the sale of technical fluids and automotive accessories;
charging columns (stations) for vehicles with electric motors;
(Paragraph additionally included on November 1, 2016 by Decree of the Government of the Russian Federation dated August 27, 2015 N 890)
vehicle stopping area;
garbage bins;
means of communication.
Washing station
Ensuring the provision of year-round manual or mechanized washing of passenger cars, as well as the opportunity to use the following facilities:
garbage bins.
Trade enterprise
Ensuring the operation of a trade pavilion selling food, technical fluids and automotive accessories, including providing the opportunity to use the following facilities:
parking area for cars;
garbage bins.
Service station
Ensuring the ability to carry out year-round minor emergency repairs and maintenance of passenger cars, including providing the opportunity to use the following facilities:
parking area for cars;
garbage bins.
Note. The equipment of road service facilities ensures unhindered access for people with disabilities (including people with disabilities using wheelchairs and guide dogs) to these facilities, as well as the opportunity to use the services provided for by these requirements.
Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"
79. No later than the working day following the day of signing the protocol on the results of accepting applications and determining participants, all applicants who submitted applications are sent electronic notifications of their recognition as participants or of refusal of such recognition, indicating the grounds for refusal. Information about applicants not allowed to participate in the competition is posted in the open part of the electronic platform, on the official website on the Internet, as well as on the seller’s website on the Internet in paragraph two of clause 2 of these Regulations.
80. Consideration of participants’ proposals for the price of property and summing up the results of the competition are carried out by the seller on the day of summing up the results of the competition, indicated in the information message about the competition, which is held no later than the 3rd working day from the date of determination of participants.
81. On the day and during the summing up of the competition, after the expiration of the time provided for sending proposals on the price of the property, and after receiving from the seller a protocol on the results of accepting applications and identifying participants, the operator of the electronic platform, through the seller’s “personal account”, ensures the seller’s access to proposals participants about the price of property.
82. The seller’s decision to determine the winner of the tender is documented in a protocol on the results of the tender. The specified protocol is signed by the seller on the day of summing up the results of the competition.
The signing of the protocol on the results of the tender by the seller is the end of the tender procedure.
83. Within one hour from the time of signing the protocol on the results of the competition, the winner is sent a notification that he is recognized as the winner with this protocol attached, and the following information is posted in the open part of the electronic platform:
b) transaction price;
85. If the winner evades or refuses to conclude a contract for the purchase and sale of property within the established period, the competition is recognized as invalid, and the property put up for competition can be privatized in any of the ways provided for by the legislation of the Russian Federation on privatization. The winner loses the right to conclude the said contract and the deposit is not returned to him. The seller informs about this the state body or local government body that made the decision on the conditions for privatization of the property.
In case of involvement of legal entities specified in paragraphs two and three of paragraph 2
86. The buyer’s liability in the event of his refusal or evasion to pay for the property within the established time frame is provided for in accordance with the legislation of the Russian Federation in the property purchase and sale agreement; the deposit is not returned to him.
V. Conducting the sale of property through a public offering
87. To participate in the sale of property through a public offer, applicants transfer a deposit in the amount of 20 percent of the initial sale price of the property to ensure payment for the purchased property and fill out the application form posted in the open part of the electronic platform with the attachment of electronic documents in accordance with the list provided in the information message on the sale of property through a public offering.
88. On the day of determining the participants, specified in the information message about the sale of property through a public offer, the operator of the electronic platform, through the seller’s “personal account,” provides the seller with access to the applications submitted by applicants and the documents attached to them, as well as to the application log.
89. Based on the results of consideration of applications and the documents attached to them from applicants and establishing the fact of receipt of a deposit, the seller on the same day signs a protocol recognizing applicants as participants, which contains a list of accepted applications (indicating the names of applicants), a list of withdrawn applications, names (names) of applicants recognized as participants, as well as names (names) of applicants who were denied admission to participate in the sale of property through a public offer, indicating the grounds for refusal.
90. No later than the next working day after the day of signing the protocol on recognizing applicants as participants, all applicants who submitted applications are sent notifications of their recognition as participants or of refusal of such recognition, indicating the grounds for refusal.
Information about applicants not allowed to participate in the sale of property through a public offer is posted in the open part of the electronic platform, on the official website on the Internet, as well as on the seller’s website on the Internet in the case of involving legal entities specified in paragraph the second paragraph 2 of these Regulations.
91. The procedure for the sale of property through a public offer is carried out no later than the 3rd working day from the date of determination of the participants specified in the information message on the sale of property through a public offer.
92. The procedure for the sale of property is carried out on the day and at the time specified in the information message about the sale of property through a public offer, by successively lowering the price of the initial offer (the price of the property indicated in the information message) by an amount equal to the “reduction step”, but not below the cut-off price.
The “step down” is set by the seller at a fixed amount of no more than 10 percent of the initial offer price, and does not change throughout the entire process of selling the property through a public offer.
93. The time for receiving proposals from participants on the price of the initial offer is one hour from the time of the start of the procedure for selling property through a public offer and 10 minutes for submitting proposals on the price of property at each “downgrade step”.
94. The winner is the participant who confirmed the price of the initial offer or the offer price established at the corresponding “reduction step”, in the absence of offers from other participants.
95. If several participants confirm the price of the initial offer or the offer price established at one of the “downgrade steps”, an auction is held with all participants in the manner established by Section II of these Regulations. The initial price of property at an auction is, respectively, the price of the initial offer or the offer price established at this “downward step”. The time limit for receiving proposals from participants on the price of property is 10 minutes. The “auction step” is set by the seller at a fixed amount, which is no more than 50 percent of the “step down”, and does not change during the entire procedure for selling the property through a public offer.
If participants do not submit proposals for a price higher than the initial price of the property, the winner is the participant who first confirmed the initial price of the property.
96. From the time the procedure for selling property through a public offering begins, the operator of the electronic platform places:
a) in the open part of the electronic platform - information about the beginning of the property sale procedure, indicating the name of the property, the initial offer price, the minimum offer price, the proposed property sale price in real time, confirmation (non-confirmation) by participants of the offer on the price of the property;
b) in the closed part of the electronic platform - in addition to the information posted in the open part of the electronic platform, also proposals for the price of property and the time of their receipt, the current “downgrade step” and “auction step”, the time remaining until the end of accepting proposals for the price of the initial offer or at the "step down".
97. During the procedure for selling property through a public offer, the operator of the electronic platform, using the software and hardware of the electronic platform, provides participants with access to the closed part of the electronic platform, the opportunity for them to submit proposals on the price of the property.
98. The progress of the procedure for the sale of property through a public offer is recorded by the operator of the electronic platform in an electronic journal, which is sent to the seller within one hour from the time of completion of receiving proposals for the price of the property to summarize the results of the sale of property through a public offer by drawing up a protocol on the results of such a sale.
99. The protocol on the results of the sale of property through a public offer, containing the price of the property offered by the winner and certifying the winner’s right to conclude a contract for the sale of property, is signed by the seller within one hour from the time of receipt of the electronic journal from the operator of the electronic platform.
100. The procedure for selling property through a public offer is considered completed from the time the seller signs the protocol on the results of such sale.
101. Within one hour from the time of signing the protocol on the results of the sale of property through a public offer, the winner is sent a notice of recognition as the winner with the attachment of this protocol, and the following information is posted in the open part of the electronic platform:
103. The decision to recognize the sale of property through a public offer as invalid is documented in a protocol on the results of the sale of property through a public offer.
104. No later than 5 working days from the date of the sale, a property purchase and sale agreement is concluded with the winner.
105. If the winner evades or refuses to conclude a contract for the purchase and sale of property within the established period, the results of the sale of property through a public offer are canceled by the seller, the winner loses the right to conclude the said contract, and the deposit is not returned to him.
In the case of attracting legal entities specified in paragraphs two and three of clause 2 of these Regulations, the deposit of the winner, who has lost the right to conclude a contract for the sale and purchase of property, is subject to transfer by these legal entities in the prescribed manner to the budget of the corresponding level of the budget system of the Russian Federation within 5 calendar days days from the date of expiration of the period established for concluding a contract for the sale and purchase of property.
106. The buyer’s liability in the event of his refusal or evasion to pay for the property within the established time frame is provided for in accordance with the legislation of the Russian Federation in the property purchase and sale agreement; the deposit is not returned to him.
107. The transfer of property and registration of ownership rights to it are carried out in accordance with the legislation of the Russian Federation and the contract for the purchase and sale of property no later than 30 calendar days after the day of full payment for the property.
VI. Carrying out the sale of property without announcing the price
108. To participate in the sale of property without announcing a price, applicants fill out an application form posted in the open part of the electronic platform with attached electronic documents in accordance with the list given in the information message about the sale of property without announcing a price, and also send their proposals on the price of the property.
An offer for the price of property is submitted in the form of a separate electronic document, to which the operator of the electronic platform provides an additional degree of protection from unauthorized viewing.
109. The documents specified in paragraph 108 of these Regulations are registered by the operator of the electronic platform in the journal for accepting applications, indicating the date and time of receipt on the electronic platform.
110. A registered application is a bidder’s proposal (offer) received by the seller, expressing his intention to consider himself a person who has entered into a property purchase and sale agreement with the seller at the price of the property offered by the bidder.
111. The applicant has no right to withdraw a registered application. The applicant has the right to submit only one proposal for the price of the property, which cannot be changed.
112. The seller refuses to accept the applicant’s application in the following cases:
a) the application is submitted by a person not authorized by the applicant to carry out such actions;
b) not all documents provided for in the list specified in the information message on the sale of property without announcing the price have been submitted;
c) the submitted documents do not confirm the right of the applicant to be the buyer of the property in accordance with the legislation of the Russian Federation.
113. Summing up the results of the sale of property without announcing the price must take place no later than the 3rd working day from the date of the end of acceptance of applications and proposals for the price of the property.
114. On the day of summing up the results of the sale of property without announcing the price, the operator of the electronic platform, through the seller’s “personal account,” provides the seller with access to the documents submitted by applicants, specified in paragraph 108 of these Regulations, as well as to the application log.
In the closed part of the electronic platform, the names of participants and their proposals on the price of property are posted.
115. Based on the results of consideration of applications and documents attached to them, the seller makes a separate decision for each registered application to consider the proposal for the price of the property. The said decision is formalized in a protocol on the results of the sale without announcing the price in the manner established by these Regulations.
116. The buyer of property is recognized as:
a) in the case of registration of one application and proposal for the price of property - the participant who submitted this proposal;
b) in the case of registration of several applications and proposals for the price of property - the participant who offered the highest price for the property being sold;
c) if several participants offered the same highest price for the property being sold - the participant whose application was submitted to the electronic platform earlier than others.
Such a decision is formalized in a protocol on the results of the sale of property without announcing the price.
119. The procedure for selling property without announcing a price is considered completed from the time the seller signs a protocol on the results of the sale of property without announcing a price.
120. Within one hour from the time of signing the protocol on the results of the sale of property without announcing the price, the winner is sent a notification that he is recognized as the winner with the attachment of this protocol, and the following information is posted in the open part of the electronic platform:
a) the name of the property and other information allowing it to be individualized (lot specification);
b) transaction price;
c) last name, first name, patronymic of an individual or name of a legal entity - the winner.
121. The contract for the sale and purchase of property is concluded within 5 working days from the date of summing up the results of the sale of property without announcing the price.
If an installment plan is granted, payment for the property is carried out in accordance with the decision to grant the installment plan.
The contract for the sale and purchase of property provides for the buyer to pay a penalty in the event of his evasion or refusal to pay for the property.
122. If the buyer evades concluding an agreement for the purchase and sale of property within the established period, the buyer loses the right to conclude such an agreement. In this case, the sale of property without announcing the price is considered invalid.
123. The seller ensures that the buyer receives the documentation necessary for state registration of the purchase and sale transaction of property and state registration of the transfer of ownership arising from such a transaction.
124. The organization of the sale of property without announcing a price in relation to property complexes of unitary enterprises, land plots, cultural heritage sites, social, cultural and public utility facilities and the transfer of such objects into the ownership of buyers is carried out taking into account the specifics established by the legislation of the Russian Federation on privatization for specified types of property.
