Law on unauthorized trade. Illicit trade

When conducting illegal work, penalties are provided: a fine for trading without registering an individual entrepreneur and deprivation of the opportunity to conduct business.

Throughout life, at least once a person had to sell something from personal belongings. For example, when selling old furniture, one cannot say that a person is engaged in entrepreneurial activities. If we consider another example, when a search for old furniture is purposefully carried out with further sale, this is recognized as entrepreneurship and the work is subject to mandatory registration with the federal tax service. Doing business without registering an individual entrepreneur entails liability.

Businessmen tend to believe that the Federal Tax Service is trying to ignore organizations that do not bring significant income, which is absolutely not the case. To hold an individual liable, it is not required to seek evidence of the level of income received. It is enough to prove the fact that an individual pursues the goal of making a profit, for example, placed an advertisement in a print publication or purchased a product in bulk.

Many believe that the tax service is interested in illegal work if doing business without registering an individual entrepreneur does not bring a lot of profit. In reality, things are different. Even if hand-made jewelry is sold with rare frequency, and payment is made for this using cash on delivery, then a person must be aware that he will arouse the interest of the Federal Tax Service.

Even an entrepreneur with a minimum income level can be held liable. Only the degree of punishment depends on the profit. There are cases when administrative responsibility becomes criminal.

Before you figure out the size of the fine, you need to understand what entrepreneurial activity is. If you turn to the Civil Code of the Russian Federation for help, then it is interpreted there as a periodic profit.

Signs include:

  1. Testimony of customers who have purchased a product or service.
  2. Advertising campaign.
  3. Providing product samples.
  4. Purchase of goods in bulk.
  5. Conclusion of a lease agreement for commercial premises.
  6. Keeping records of transactions and transactions.
  7. Availability of cash receipts.

If at least one item is present in the work, then it makes no sense to say that income is not obtained. Illegal business activities include work aimed at making a profit. However, it doesn't necessarily happen.

If real estate is rented out, then it is not required to register as an individual entrepreneur. In order to avoid liability for illegal work, it is required to conclude a lease agreement, submit a declaration to the Federal Tax Service and pay personal income tax.

This rule applies to individuals who have made a transaction for a large amount. Thus, the seller disclaims responsibility and is not subject to penalties.

There are times when you work in the service sector and you don’t want to register as an individual entrepreneur or LLC.

To do this, it is enough to conclude a civil law contract, which in turn has a number of restrictions:

  1. It is forbidden to advertise goods and services.
  2. The Federal Tax Service qualifies such relationships as labor, which entails a number of difficulties for customers.
  3. Customers prefer to work with individual entrepreneurs or LLCs, which are considered profitable.

You can do business fully, but for this you need to formalize everything in accordance with the law. Doing business without registering an individual entrepreneur entails penalties, up to criminal liability.

Even if several transactions were made during the year, as a result of which funds were received, then we can safely say that the person is engaged in business.

The penalty for the work of an individual without an IP in 2019 is not provided for the following areas (based on the tax law that came into force in January 2017):

  • tutoring services;
  • babysitting services for children;
  • care for the elderly;
  • cleaning of residential premises;
  • household.

The listed services are provided by a citizen personally, without hiring additional employees. A complete list of such areas can be found in the tax code, article 217. At the legislative level, it is allowed to make amendments to local and regional authorities. To this end, an appropriate law is adopted.

The entrepreneur is released from the obligation to pay tax on the income received. Individuals don't have to worry about being prosecuted for working without a registration certificate.

There is a requirement that all future entrepreneurs adhere to. When providing services in one of the areas that exempts from the obligation to register a business, you will need to notify the Federal Tax Service of this. The book of accounting for expenses and income is kept at the discretion of the entrepreneur.

You can prove the fact of entrepreneurship at the moment if the businessman starts trading, and then systematically and regularly makes a profit. Systematic work is recognized at the moment when two or more transactions are made annually.

If an individual has made a sale of any goods or real estate, then it is not customary to classify him as an entrepreneur. The same goes for making a profit. If a citizen purchases a product and subsequently sells it at the same cost or much lower, then he also does not apply to individual entrepreneurs. This is due to the fact that the income from work is completely absent.

As practice shows, there are many citizens in Russia who operate without registering an individual entrepreneur. Such violators are recognized as illegal sellers.

Illegal sales include:

  1. Goods related to illegal.
  2. Goods that infringe copyright.
  3. Goods and services related to the propaganda of hatred towards a person.
  4. Goods and services that offend moral values.
  5. Sale of goods requiring a license. To do this, you need to register as an individual entrepreneur or LLC and choose one of the taxation systems: USN, OSNO, UTII, patent.

If you pay attention to entrepreneurial activity without obtaining a license, then registration and registration with the federal tax authority is not always required. For example, if an individual enters the market to trade in flowers and makes bouquets of them, then it is enough to have a document confirming the conclusion of an agreement between the head of the market and the seller.

Trading without an IP, what kind of fine could be imposed for 2019? In such a case, it is required to take into account the type of punishment that an individual who has not legalized his business will incur. On the territory of Russia, criminal, administrative and tax liability is provided for wholesale and retail sales.

Administrative responsibility is borne by the owner of the business, who has not passed the registration process and carried out sales.

To understand what penalty is provided for trading without an IP certificate, it is enough to seek help from the Code of Administrative Violations:

  • a similar issue is dealt with in Article 14.1. It states that it is prohibited to sell goods and provide services to customers without registering an individual entrepreneur. In case of violation of the established ban, a businessman faces fines in the amount of 500 - 2000 rubles;
  • if you turn to the same Code and open article 23.1, you can get acquainted with the information that the involvement of individuals in administrative punishment is carried out by a justice of the peace. The case is considered in the locality in which the violation was committed. When a citizen submits a petition for consideration of the case at the place of registration or registration in a timely manner, this option is considered and taken into account.

The police officers, the tax service, the inspection responsible for the quality of goods and protecting consumer rights draw up a protocol. All this is indicated in article 28.4. The prosecutor initiates a case.

To identify violations, an inspection is made by one of the above persons. Often a test purchase is made or a retail space is inspected. It is at such moments that it turns out that the entrepreneur works without registration, there is no license for goods. After all the evidence is collected, a protocol is drawn up.

There are times when a mistake is made when filling out the documentation. When it is found, the judge sends the documentation back to the department dealing with this case. If within two months the shortcomings are not corrected, then the case is automatically terminated.

Entrepreneurs involved in the sale of food products must have a cash register and scales registered with the Federal Tax Service.

Tax Liability

There are several articles in the Tax Code of the Russian Federation devoted to this paragraph - these are 116 and 117. When the business owner did not notify the Federal Tax Service of the activity and did not register, then he pays 10% of the amount of income received as a fine. In this case, the amount of punishment cannot be applied less than 20 thousand rubles.

If a businessman conducts illegal work for a period of 3 months or more, then penalties increase to 20% of income, but not less than 40 thousand rubles. Violating the period allotted for registration with the Federal Tax Service, a punishment of 5-10 thousand rubles is provided.

Criminal liability

The Criminal Code of the Russian Federation provides for punishment for conducting illegal economic activities. Detailed information is considered in article 171. Citizens are criminally punished at the moment when the amount of income received from illegal work is from 250 thousand rubles, but not less. Punishment threatens persons who have caused damage on a large scale to consumers, businesses, and the country.

Also, do not forget that in order to apply punishment, it is necessary to prove the guilt of individuals:

  1. If an entrepreneur, while carrying out illegal sales, earned from 250 thousand rubles and more, then the amount of the fine for him will be 300 thousand rubles or the performance of compulsory corrective labor for a period of 240 hours. In some cases, arrest for 6 months is possible.
  2. When a businessman conducted illegal activities and made a profit of 100 thousand rubles or more, then imprisonment for a period of 5 years and a fine of 80 thousand rubles are possible.
  3. When a violation in work is detected: lack of registration or license, then it is up to state bodies to figure out which article a person falls under.

If there is evidence that the entrepreneur made a large profit, then criminal liability cannot be avoided, for this it will be necessary to identify several large transactions. When it is possible to prove that the profit margins were low, then there is a possibility of falling under administrative responsibility.

The type of punishment applied to the violator depends entirely on the situation, the damage caused and other factors.

Unauthorized trade (article of the Code of Administrative Offenses) - the sale of goods or food products outside the premises:

  • from cars, trailers;
  • from independently erected tents;
  • from trays directly on the ground, sidewalks, along roads.

Pensioners, migrants, illegal entrepreneurs are engaged in unauthorized trade. Unauthorized street trading in an unidentified place creates a negative image of the city, litters the territory, and is conducted in violation of sanitary standards.

Illusion of the harmlessness of unauthorized trade

Often unauthorized trade is conducted directly from the ground. Street vendors do not have any permits or sanitary books confirming the safety of the purchase. Thus, in unauthorized trade, there are no documents confirming the safety of food and manufactured goods.

Behind a grandmother selling knitted things or greenery on the street, there are often dealers who have put the trade on stream. Such facts of unauthorized trade were repeatedly disclosed by law enforcement officials.

District police officers carry out raids on the assigned territory, with the task of identifying places where unauthorized trade is present. Persons conducting illegal sales are warned about the illegality of the actions taken and must vacate the wrong places. In case of refusal, police squads are called, protocols on administrative violations are drawn up against offenders, fines are imposed for unauthorized trade.

Where to report unauthorized trading

In some cities of the country, street trading is completely prohibited. For information on whether trading is allowed on the streets of your city, you can get information from the district department of the consumer market. You can complain about unauthorized trade to the district administration of the city, the Ministry of Internal Affairs (Department or Department of Economic Security), law enforcement agencies (police), tax service. A complaint about unauthorized trade can also be sent to the prosecutor.

In Moscow, you can complain about unauthorized trade to the same authorities. You can leave a message about unauthorized trade in St. Petersburg on the website of the Administration http://rgis.spb.ru/map/PromoMapPage.aspx

Unauthorized trade: article of the Code of Administrative Offenses of the Russian Federation

Legislation provides for certain liability for unauthorized trade. Its implementation without registration by citizens of an individual entrepreneur or the status of a legal entity entails a fine for unauthorized trade from 500 to 2000 rubles.

Doing business without a license, if one is required, is punished in the following order:

  • citizens can pay 2000-2500 rubles;
  • officials - 4000-5000 rubles;
  • legal entities - 40,000-50,000 rubles.

In addition to the fine, products, raw materials, equipment are subject to confiscation. Trading activity in violation of the license (if any) entails a fine:

  • 1500-2000 rub. from citizens;
  • 3000-4000 rub. from officials;
  • 30000-40000 from legal entities.

Entrepreneurial activity with gross violations of the license entails the suspension of the IP for up to 90 days.

When deciding to go into business, not all people think about the legality of their actions. After all, trading without an appropriate permit can lead to serious consequences.

The least that an unscrupulous entrepreneur can get off with is a fine for trading without registering an individual entrepreneur under the Code of Administrative Offenses. Tax liability may also be imposed, consisting in penalties in the form of a percentage of income. A severe consequence is considered a criminal punishment not only as monetary compensation, but also compulsory work or arrest.

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If the scale of activity is extensive, and the income brings good dividends, then the arrest can be replaced by imprisonment.

Despite the fact that it is not easy to prove the illegality of a person's actions, checks can greatly undermine the psychological state of the entrepreneur and his reputation. To start proceedings, one complaint from the buyer is enough.

Entrepreneurial activity, officially registered with the tax authorities, provides a number of advantages to a person. Therefore, working legally is not only calmer, but also more profitable.

Position of the law

Illegal entrepreneurial activity is detected when selling goods or providing services without a special permit. It is issued by the tax authorities. At the same time, an important condition for illegal entrepreneurship is the absence of contributions to the treasury in the form of income tax.

The concept also includes activities in the course of which prohibited goods and services are sold, which can cause interethnic conflict or affect copyright.

Responsibility for illegal acts is provided for at the legislative level by several regulatory legal acts.

Therefore, a person who illegally conducts business can be held liable:

  • administrative;
  • tax;
  • criminal nature.

Often, sanctions are expressed in the form of fines, but sometimes, if the fact of making a profit on an especially large scale is revealed, the entrepreneur may be imprisoned

Basic moments

If a person decides to engage in certain activities for profit, it is worth knowing the legality of their actions. The normative-legal acts note the concepts of legal and illegal business. Also, many want to find out if payments can be avoided and how to do it.

Borders of illegal trade

The concept of illegal trade is legally defined.

These types of activities include:

  • illegal sale of goods and services;
  • copyright infringement in sales;
  • conducting activities aimed at disrupting relations between nationalities and other objects of society;
  • insult and humiliation of the honor and dignity of citizens;
  • trading activities without a specially issued permit;
  • lack of a license for the sale of certain groups of goods (explosive substances, medicines).

But there are also some types of trade that do not require registration. These include the sale of handicrafts. In this case, the seller must occupy no more than one place in the market. In this case, in order to carry out activities, it is necessary to conclude an agreement on the permission to trade with the director of the market.

There are several types of relationships that are not considered illegal:

  • an agreement for the provision of services for a fee (taxes, PFR and FSS contributions are required);
  • contract with the payment of taxes by the contractor;
  • an agency contract involving work for a fee;
  • assignment agreement;
  • commission agreement.

It is important that the guarantor has a power of attorney for the right to conduct business.

Is it possible to withdraw from payments?

In most cases, it is not possible to escape responsibility for illegal activities without registering an IP. After all, unauthorized trade is carefully monitored by the state as part of a program to combat illegal entrepreneurs.

Every year there are new laws that clearly and strictly prescribe the requirements for new entrepreneurs.

Those who decide to trade legally do not regret their intention to arrange everything according to the rules. After all, in the end, they can have permission and not be afraid that measures will be applied to them.

Consequences of violations

When conducting illegal business activities, various sanctions can be applied.

One of the less serious penalties is a fine for retail trade without registering an individual entrepreneur. If the violation is serious, and the benefit in the course of work is large, then sanctions in the form of forced labor and imprisonment may be applied to the offender.

The financial side is not the only one among the consequences of illegal activities. In addition to compensation for damage, the offender is also responsible to citizens. He will have to compensate for the harm to health and life suffered by people as a result of illegal activities.

The amount of fines for trading without registering an individual entrepreneur

Penalties for entrepreneurs engaged in illegal trade can be different.

The amount of the fine is calculated based on several factors:

  • In the absence of a permit to carry out activities issued by the tax authorities, a person will have to pay a fine. If the seller does not have the status of an individual entrepreneur or LLC, the minimum amount is 500 rubles. In case of serious violations, the size increases to 2 000 rubles.
  • If an officially registered individual entrepreneur sells goods without a license, then the products are subject to confiscation. Also, the head of the company will be fined up to 5 000 rubles.
  • In the absence of a license to sell goods of LLC, the amount of the fine increases significantly. The minimum size is 40 000 rubles.
  • A businessman who does not comply with the requirements developed for individual entrepreneurs can be punished. For minor violations, the fine will be calculated within 1 500 rubles. If the errors are serious, then the amount increases to 5 000 rubles.
  • When doing business not according to the rules, legal entities can be fined up to 50 000 rubles.

Administrative liability is provided for any illegal activity. Therefore, it is not recommended to work without registration, license and other papers.

Types of responsibility

An entrepreneur who violates the law can be held liable for various kinds of liability: administrative, criminal, tax. They differ in nature and sanctions.

tax

Tax liability occurs at the moment when a person has ignored the requirement to register with the tax authorities as an individual entrepreneur. Citizens who do not pay taxes are also subject to collection.

The Tax Code of the Russian Federation (Article 116) provides for a fine for unauthorized trading. Its amount is calculated by adding the fine to 10 000 rubles and 10% from the profits received in the course of illegal activities. Also, the businessman is obliged to pay all taxes.

The tax inspectorate applies to the court, where it is decided to collect from the person all fees due under the law.

If the fact of a violation was once revealed, then even with legal trade, the entrepreneur will be under the supervision of supervisory authorities.

Administrative

Judicial practice shows that illegal entrepreneurship is often an object of administrative law. Therefore, investigators and prosecutors should not look for sources confirming a person's income.

Most often, street vendors and other illegal sellers are subject to collection of the administrative plan.

The amount of the fine is provided for in Art. 14 of the Code of Administrative Offenses of the Russian Federation:

  • When conducting a business not permitted by the tax authorities, without registration, the minimum fine is 500 rubles, and the maximum 2 000 rubles.
  • If an individual entrepreneur or LLC does not have a license, then the goods will be confiscated, and a fine will be imposed on him from 2,000 to 50,000 rubles.
  • In case of violation of the terms of the license, the punishment will be in the form of a penalty. from 1,500 to 40,000 rubles.
  • In case of gross violations of the license, the amount of the fine is from 4,000 to 50,000 rubles. At the same time, the activity of an individual entrepreneur will be closed for a period until 3 months.

The collection of evidence is carried out in the same way as with a criminal offense, law enforcement agencies make a test purchase and reveal the fact of violation of the terms of the license

Criminal

The most serious consequence of breaking the law is criminal liability. If an entrepreneur is convicted, then he does not lose a large number of opportunities in his field of activity.

The situation with illegal entrepreneurship is regulated by Article 171 of the Criminal Code of the Russian Federation. It states that if significant damage has been caused to the state and counterparties, the person will be fined the amount 250 000 rubles. When carrying out illegal business and receiving large and especially large incomes, the fine increases to 1,000,000 rubles.

Punishment under criminal law can be different:

  • a person may be required to pay a fine in the amount of 50 000 rubles or the company's earnings for the last three years;
  • an entrepreneur may be involved in forced labor for a period of up to 5 years;
  • person may be arrested 6 months;
  • in case of gross violations, the court may issue a decision on deprivation of liberty for up to 5 years.

Gathering evidence is a particular challenge. Therefore, Art. 171 of the Criminal Code of the Russian Federation is rarely used. But if there is evidence, then the businessman may face real punishment.

Law enforcement officers must confirm the fact that a person is running a business, as well as earning more than 250 000 rubles or damage for the same amount. During the collection of evidence, a test purchase is carried out in the suspect's store.

Direct evidence of illegal activity may be attached to the case.

These include:

  • information from bank statements;
  • accounting documents;
  • testimonies of contractors or other persons;
  • the value of the goods seized from the entrepreneur.

If a businessman is held accountable for the first time, then he faces a fine. But in case of recidivism or profit on a particularly large scale, as well as complicity, a decision on deprivation of liberty can be made.

If there is a fact of conducting illegal business, but there is no evidence base, the businessman is brought to administrative responsibility.

What is more profitable - to follow the rules or not

Illegal entrepreneurs often find it too expensive to legalize their activities. While penalties may not be applied if the work is done correctly.

But law enforcement officers are working in this direction very well. They can not only detect the fact of illegal trade, but also collect evidence. Even if a person cannot be held accountable, a lot of nerves will be expended.

Unexpected for the seller may be the fact that a simple buyer can complain about him to the competent authorities. Then there will be no need to explain why the entrepreneur did not register his activity. After all, proceedings will begin on the fact of violation.

To officially acquire the status of an individual entrepreneur, it is enough to pay in the amount of 800 rubles. This amount is significantly lower than the fines that can be imposed when illegal actions are detected. In this case, it will not be necessary to worry daily that the fact of a crime can be discovered.

The question of whether it is possible to trade without an individual entrepreneur is relevant for a fairly large number of Russians. Among them there are those who do not want to pay taxes at all. But many people simply hesitate to register because of uncertainty about the success of their new business. Beginners want to try first: what if nothing happens?

The owners of online stores are also thinking about the need to register an IP, believing that their income is not subject to taxation. This is a common misconception. There are signs of entrepreneurial activity defined by law, and online trading is fully consistent with them.

In fact, there is nothing wrong with official registration, while trading without registering an individual entrepreneur is an offense for which tax, administrative and even criminal liability is provided. The exception is the sale of crop and livestock products obtained in the subsidiary farm or in the country. It is hardly worth starting your business by breaking the law.

Benefits of registering as an individual entrepreneur

The procedure for issuing an IP is extremely simplified. Registration with the tax authorities is carried out by submitting an application. The amounts of tax are quite feasible, especially in cases of applying special regimes (UTII, USNO) or a patent. But the status of an entrepreneur opens up great opportunities for doing business:

  • conclusion of official contracts with suppliers;
  • access to credit resources;
  • bold promotional activities;
  • receiving state support;
  • the possibility of obtaining a labor pension in the future;
  • the main thing is consumer confidence and increase in sales.

Engaging in trade involves continuous business development: expanding the range, increasing turnover, leading to greater profits. Working underground, it will not be possible to achieve the desired results.

Successfully trading without registering an individual entrepreneur is possible only if the activity is carried out by a legal entity, such as an LLC. But it is more profitable and more convenient for a novice businessman to obtain the status of an individual entrepreneur. Documentation in this case is minimal. To prepare reports, you do not need to hire an accountant, it is not difficult to keep records on your own. In addition, there are many services on the Internet for filling out tax returns and other necessary documents. If things don’t go at all, which happens very rarely, you can close the IP in 1 day.

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What is a business activity?

When revealing the fact of sale without registering an individual entrepreneur (any goods), excuses that this is not an entrepreneurial activity will not help. Even if the seller has another main job.

Based on the content of Art. 2 of the Civil Code of the Russian Federation, it is possible to identify the main criteria by which the fact of entrepreneurship is established. Economic activity (trade, provision of services, performance of work, leasing of property) must be independent, systematic and aimed at making a profit.

The acquisition of any product and its further resale with a margin (even if minimal) implies a profit. At the same time, the place of trade does not matter: a market, a garage, just a street or an online store. Systematic activity is considered if it is carried out more than once a year.

The legislator provided an opportunity for gardeners, gardeners, summer residents, owners of personal farmsteads to trade in the grown crop without any registration. According to Art. 217 of the Tax Code of the Russian Federation, the sale of livestock products produced in a private household is not subject to taxation. Do not belong to the number of entrepreneurs and amateur flower growers.

It is necessary to conclude an agreement with the administration of the market or other trading enterprise on the territory of which the sale of these goods is expected, on the provision of a place to work. At the same time, it is necessary to have a certificate confirming that the products are actually produced in a private household or in a summer cottage. Such a certificate can be obtained from the district, rural administration, as well as from the board of the horticultural, gardening partnership or dacha cooperative.

In other cases, regular trading without proper documents is impossible. After conducting a test purchase, employees of regulatory authorities will easily establish the fact of trade without registering an IP, and record an offense. Then the inevitable sanctions will follow.

Novice businessmen often do not know whether it is possible to trade without an individual entrepreneur if an application for registration has already been submitted, but a certificate has not yet been received. In this case, commercial activity is also considered a violation. In practice, if there are documents confirming the filing of an application for tax registration, one can count on the indulgence of inspectors. But it’s better, of course, not to take risks, but to wait for the certificate to be received (only 5 days) in order to protect yourself from possible troubles.

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Consequences of trading in the absence of a registered IP

The activities of entrepreneurs who have not registered as an individual entrepreneur or LLC are not legal and lead to the bringing of the perpetrators to administrative, tax and criminal liability.

According to Art. 14.1 of the Code of Administrative Offenses, the amount of an administrative fine can range from 500 to 2000 rubles. More impressive amounts of fines are provided for in Art. 116 of the Tax Code of the Russian Federation. For violation of the deadline for tax registration, you will have to pay 10,000 rubles, for work without registration - 10% of the income received, but not less than 40,000 rubles.

Criminal prosecution occurs if the income of the perpetrator exceeded 1,000,000 rubles (Article 171 of the Criminal Code of the Russian Federation). However, newcomers are unlikely to receive such a significant income, so criminal sanctions are rarely applied. This circumstance should not reassure offenders. The amount of administrative and tax fines is quite significant.

It should be noted that the imposition of a fine does not relieve the merchant from the obligation to pay taxes accrued for the entire period of work without proper registration. In addition, penalties and fines for late payment of tax will be added.

Official registration of a business allows you to avoid high costs of paying fines and opens up broad prospects for developing your own business.

Illegal trade on the street evokes different associations among people. For some, this is the only way to survive, while others believe that this is unacceptable for society. In what cases trade is recognized as illegal and what sanctions will follow, you will learn from this article.

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In what cases is business registration not required?

Each resident who sells any group of goods is automatically a businessman. For the legal implementation of follow-up activities, it is necessary to register an individual entrepreneur with all the necessary documents for the goods and services sold. A person who sells various kinds of goods must also organize a consumer corner.

To begin with, it should be understood that there are individual cases that give the right not to register their activities as a legal entrepreneur. These are:

  • trade in small goods;
  • products of own production.

What is considered illegal trade

To hold a regular fair, you need a trading area. Here are the products of local craftsmen, vegetables and fruits grown at home. Even in such events, permission from higher-ranking organizations is required. The holding of such an event should be strictly regulated.

Illegal trade is considered:

  1. Copyright infringement.
  2. Goods strictly prohibited for distribution.
  3. No license.
  4. Groups of goods that offend morality.

A gross violation of the law is prosecuted by further liability: criminal, administrative or tax. In most cases, trading citizens are involved under the articles of the Tax and Administrative Codes.

Main challenges in countering illicit trade

A number of reasons are being built up, to which higher authorities practically do not react. There are many illegal buildings, trade portable trays and tents with a wide variety of goods. All actions of the police on the facts of such trade on the streets do not bring success.

The authorities do not welcome chaotic trade on the streets of cities because of the threat of violating sanitary and epidemiological, fire regulations and road safety in general.

In turn, traders have their own unequivocal opinion that it is impossible to adhere to all the legal foundations of trade. And a large percentage of the country's population has a positive attitude towards unauthorized trade pavilions in terms of pricing policy. The danger lies in only one thing - non-compliance with sanitary standards.

How much fines can be imposed

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For violators engaged in such trade, there are several types of punishments that will threaten in the following cases:

  1. The main violation is an unregistered IP. In accordance with the articles of the Code of Administrative Offenses of the Russian Federation, it is imposed, the amount of which is from 500 to 2 thousand rubles.
  2. Lack of a number of documents for trade. In this case, the total size depends on who owns the trading business. Depending on this, it ranges from 2 to 50 thousand Russian rubles. The question of whether there will be a product or not is also decided.
  3. Identification of large profits. According to Article 171, it is also a reason for criminal punishment. In this case, a monetary penalty may be imposed, or.
  4. Failure to comply with health and safety regulations.

According to the current legislation, in the capital for offenses will be much higher than in the regions.

Features of street trading near the roads

Street resale of fruits and vegetables is very common. On roadsides and pedestrian sidewalks, there is not even an opportunity to comply with sanitary standards. In this case, the main legal solution would be to register with the Federal Tax Service as a legal entity. The hiring of sellers-distributors must be officially accounted for in the accounts of the Pension Fund and Social Security.

It should be remembered that the sale of goods along roads, near stops, near shops and similar public places is strictly prohibited. The commission of such an action is an administrative legal violation.

The amount of liability for ordinary citizens starts from 1,500 to 4,500 rubles, for registered legal entrepreneurs - from 7,000 to 22,000 rubles. For the next violation increases several times.

Organization of the fair


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On the eve of the New Year, almost all cities and towns organize Christmas markets and fairs. To trade forest beauties, a number of actions should be performed:

  1. Contact the local administration with a request to provide a place for a comfortable location of coniferous trees. Acceptable area - 30-70 square meters. In the event of two or more applicants for entrepreneurial activity, an auction is held.
  2. When obtaining permission to use the site as property, you should familiarize yourself with the clauses of the contract. Basically, the document is issued for up to 5 years, using the territory for a certain number of days annually.
  3. The representative of the administration will also issue a list of what is required for the equipment of the Christmas tree bazaar. It includes: a book of complaints and suggestions, a measuring ruler, a fire extinguisher, invoices for goods (to confirm that the trees were cut down legally).

The criminal code punishes unregistered entrepreneurs for not having trade invoices. Illegal business can be punished