For almost 40 years, the entrepreneur rented non-residential premises for a photo studio on the territory of the Domodedovo city district, until in March 2022 the administration informed him of its intention to terminate the contract unilaterally.

The photo studio was the sole source of income for the entrepreneur, and in 2008 he signed an indefinite lease agreement for non-residential premises with the administration of the Domodedovo City district, continuing to carry out business activities in it.

At the beginning of 2022, the municipal administration informed the businessman that it was terminating the lease agreement with him.

The entrepreneur sent an appeal to the administration about the preferential right to buy out the leased object, due to the long term of its lease, but was refused. The administration has decided to use this room for municipal needs.

This forced him to apply for the protection of his legal rights and interests to the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev.

Having studied the issue, the Business Ombudsman found that the premises rented by the businessman, back in 2018, by the decree of the city district administration, were included in the list of state or municipal property intended for transfer to the possession and (or) use of small and medium-sized businesses. In accordance with Part 3 of Article 9 of the 159-FL, the authorized body is obliged to ensure the conclusion of a contract to assess the market value of the leased property, make a decision on the terms of privatization and send the applicant a draft purchase and sale agreement.

As a temporary measure until the issue of privatization of the premises is resolved, thanks to the assistance of the Commissioner, the issue of extending the validity of the lease agreement has been resolved. The entrepreneur continues to carry out business activities in his usual place.