The procedure for licensing certain types of entrepreneurial activity. Licensing of entrepreneurial activity in the Russian Federation

Licensing entrepreneurial activity.

Licensing is a type of state control aimed at ensuring the protection of the rights, legitimate interests, morality and health of citizens, ensuring the defense of the country and the security of the state.

Licensing - activities related to the granting of licenses, the suspension and renewal of licenses, the cancellation of licenses and the control of licensing authorities over compliance by licensees in the exercise of licensed activities with the relevant licensing requirements and conditions.

The legal basis for licensing entrepreneurial activities is currently Article 49 of the Civil Code of the Russian Federation, Federal Law of September 25, 1998 No. 158-FZ “On Licensing certain types activities”, acts of the constituent entities of the Russian Federation that determine the procedure for licensing. In addition, the licensing specific types activity is determined acc. provisions approved by the Government of the Russian Federation. On August 8, 2001, the President of the Russian Federation signed a new Federal Law No. 128-FZ “On Licensing Certain Types of Activities”. Licensing can be carried out by federal state authorities, as well as state authorities of the constituent entities of the Russian Federation in acc. with the Constitution of the Russian Federation and federal laws. Decree of the Government of the Russian Federation of April 11, 2000 No. 326 “On Licensing Certain Types of Activities” approved the list of federal executive bodies that carry out licensing. In Moscow, this activity is carried out specially by the creation of the Moscow Licensing Chamber.

The law provides licensing authorities with very broad rights related to their activities. So, within the framework of monitoring the compliance of the licensee with the license requirements and conditions, the licensing authorities have the right to conduct inspections of the licensee's activities; request and receive the necessary explanations and information; draw up, based on the results of inspections, acts indicating specific violations; make decisions obliging the licensee to eliminate the identified violations, set deadlines for the elimination of such violations; issue a warning to the licensee. The new law on licensing introduces the principle of establishing a single list of licensed activities. By virtue of this principle, the list of licensed types of activities can only be determined by the Federal Law “On Licensing Certain Types of Activities”. The introduction of licensing of other types of activities is possible only by making appropriate additions to this Law.

In order to become a licensee, that is, a person who has a license to carry out a specific type of activity, the license applicant submits the following documents to the relevant licensing authority: 1) Application for a license. 2) Copy constituent documents and certificates of state registration as a legal entity or, respectively, a copy of the certificate of state registration of a citizen as individual entrepreneur. 3) A copy of the certificate of registration with the tax authority; 4) A document confirming the payment of the license fee for consideration of the application by the licensing authority. New law provided for a fixed amount of the license fee for consideration of the application - 300 rubles.

The grounds for refusal to issue a license can be: a) the presence of false or distorted information in the documents submitted by the license applicant; b) non-compliance of the license applicant, objects owned by him or used by him with the license requirements and conditions. Refusal to issue a license may. challenged by the applicant. The basis for reissuing a document confirming the existence of a license for a legal entity is its transformation or change in name or location.

For individual entrepreneurs, the basis for re-registration is a change in name or place of residence. In addition, the basis for reissuing is the loss of a document confirming the license. Licensing authorities have the right to suspend a license if they detect repeated violations or gross violations by the licensee of license requirements and conditions. The license loses legal. force: - in case of liquidation of legal entities. person or termination of the certificate of state registration of a citizen as an individual entrepreneur; - in case of reorganization of legal entities. faces, except for the transformation. The Law on Licensing also provides grounds for revoking a license.

There are two groups of such grounds and the corresponding two procedures for revocation of a license. 1) Administratively, that is, by the licensing authority itself without applying to the court, the license can be canceled if the licensee fails to pay the license fee for granting a license within three months; 2. In a judicial proceeding, based on the application of the licensing authority, the license is canceled: - if the violation by the licensee of license requirements and conditions entailed damage to the rights, legitimate interests, health of citizens, as well as the defense and security of state TV, the cultural heritage of the peoples of the Russian Federation; – in the event that the licensee fails to eliminate repeated or gross violations of license requirements and conditions after the suspension of the license.

To ensure the protection of the legitimate interests of citizens, cultural objects and the protection environment, as well as in order to preserve the security of the country, it was decided to carry out licensing of certain works and services for which a license must be obtained, and the procedure for such a procedure is stipulated in a special law.

The concept of licensing

Licensing is a set of measures that includes services for the issuance, suspension, reissuance and cancellation of licenses for different kinds A license is a special document that authorizes a company or an individual entrepreneur to provide certain services or carry out one or another type of work on a legal basis. Such a document can be issued both in paper and in electronic (with digital printing) version.

Licensing of individual companies is carried out according to the principle of a single economic space, openness and accessibility of information, and compliance with the law.

which are subject to licensing

Now a license must be obtained for about 50 types of work and services. Here are some of them:

Licensing of certain types of activities is carried out by special bodies that have been accredited.

Documents for obtaining a license

In order to obtain permission to carry out certain works or provide services, it is necessary to submit the following data:

1. The name of your company.
2. Address and details of the organization.
3. firm's activities.
4. Information about the company's registration with the tax office.
5. Documents on payment of the necessary state duties.
6. Other data.

The procedure for licensing certain types of activities

The head (representative) of the organization or submits documents to the licensing authority. The process of considering the issue of issuing a license takes about a month (and longer periods are possible). If, after analyzing the submitted data, the licensing commission reveals errors and shortcomings, obtaining a license will be delayed. The applicant will have to correct all these comments and only then submit the documents again.

The period of validity of such a document cannot be less than 5 years. After the end of this time, the entrepreneur can apply for an extension of the license. In some cases, the permit is issued for an unlimited period. Licensing of certain types of activities is carried out throughout Russia.

The licensing procedure includes the following steps.

1. Submission of the necessary documents to the relevant licensing authority. The list of licensing bodies is defined in the Decree of the Government of the Russian Federation "On Licensing Certain Types of Activities". Licensing of the vast majority of activities is within the competence of the federal authorities.

To obtain a license, the license applicant shall send or submit to the appropriate licensing authority an application for a license, which shall indicate:

Full and (if any) abbreviated name, including company name, and organizational and legal form of the legal entity, its location, addresses of the places where the licensed type of activity is carried out, which the applicant intends to carry out, the state registration number of the entry on the creation of the legal entity and the data of the document confirming the fact that information about the legal entity has been entered into the Unified State Register legal entities, - for a legal entity;

Last name, first name and (if any) patronymic of the individual entrepreneur, his place of residence, addresses of the places where the licensed type of activity is carried out, which the applicant intends to carry out, details of the document proving his identity, the main state registration number of the entry on state registration an individual entrepreneur and the data of a document confirming the fact of entering information about an individual entrepreneur in the Unified State Register of Individual Entrepreneurs - for an individual entrepreneur;

Taxpayer identification number and data of the document on the registration of the license applicant with the tax authority;

Licensed type of activity in accordance with which the license applicant intends to carry out.

The following documents are attached to the license application:

Copies of constituent documents (with the presentation of the originals if the accuracy of the copies is not certified by a notary) - for a legal entity;

A document confirming the payment of the state fee for consideration by the licensing authority of an application for a license;

Copies of documents, the list of which is determined by the regulation on licensing a particular type of activity and which indicate that the license applicant has the ability to fulfill the licensing requirements and conditions, including documents the availability of which is provided for by federal laws when exercising a licensed type of activity (clause 1, article 9 of the Federal Law "On Licensing Certain Types of Activities").

The licensing authority is not entitled to require the applicant for a license to submit documents that are not provided for by law.

The application for a license and the documents attached to it on the day of receipt by the licensing authority are accepted according to the inventory, a copy of which, with a note on the date of receipt of the said application and documents, is sent (delivered) to the license applicant.

2. Making a decision to issue (or refuse to issue) a license. The licensing authority checks the completeness and reliability of information about the license applicant contained in the application and documents submitted by the license applicant, as well as checks the possibility of the license applicant fulfilling the license requirements and conditions. On the basis of the inspection carried out, the licensing authority makes a decision to grant or refuse to grant a license within a period not exceeding 45 days from the date of receipt of the application for a license and the documents attached to it. The specified decision is formalized by the relevant act of the licensing authority.

Shorter terms for making a decision to grant or refuse to grant a license may be established by the regulations on licensing specific types of activities.

3. Notification of the license applicant about the decision to grant or refuse to grant a license shall be sent (delivered) to the license applicant in writing, indicating the bank account and the deadline for paying the license fee for granting a license; in case of refusal to grant a license, a notification shall be sent to the license applicant in writing indicating the reasons for the refusal, including the details of the act of checking the possibility of the license applicant to fulfill the license requirements and conditions, if the reason for the refusal is the inability of the license applicant to comply with the specified requirements and conditions.

Within three days after the license applicant submits a document confirming the payment of the state fee for granting a license, the licensing authority issues to the licensee a document free of charge confirming the existence of a license, which indicates:

Name of the licensing authority;

Full and (if available) abbreviated name, including company name, and organizational and legal form of the legal entity, its location, addresses of the places where the licensed type of activity is carried out, state registration number of the entry on the creation of the legal entity;

Surname, name and (if any) patronymic of the individual entrepreneur, his place of residence, addresses of the places where the licensed type of activity is carried out, details of the document proving his identity, the main state registration number of the entry on the state registration of the individual entrepreneur;

Licensed type of activity (indicating the work performed and the services provided);

The term of the license;

Taxpayer identification number;

License number;

The date on which the decision to grant the license was made.

Previous

acc. with the Federal Law "On licensing certain types of activities" Licensing- activities related to the issuance of licenses, reissuance of documents confirming the availability of licenses, suspension of licenses in the event of an administrative suspension of licensees' activities for violation of license requirements and conditions, renewal or termination of licenses, cancellation of licenses, control of licensing authorities over compliance by licensees in the implementation of licensed activities with relevant license requirements and conditions, maintenance of registers of licenses, as well as with the provision of information from registers of licenses and other information about licenses to interested persons in the prescribed manner ii.

Main principles implementation of licensing:

Ensuring the unity of the economic space on the territory of the Russian Federation;

Establishment of a unified list of licensed activities;

Establishment of a unified procedure for licensing on the territory of the Russian Federation;

Establishment of licensing requirements and conditions by regulations on licensing specific types of activities;

Publicity and openness of licensing;

Compliance with the law in the implementation of licensing.

In science PP allocate:

General licensing regime (carried out according to the rules of this law);

Special licensing regime (carried out according to the rules of special legislation).

License- a special permit to carry out a specific type of activity subject to the obligatory observance of licensing requirements and conditions, issued by the licensing authority of the legal entity. person or individual.

The period of validity of a license may not be less than five years, and at the end of the period it is possible to extend it at the request of the licensee; an indefinite validity of the license may be provided. To become licensee, i.e. by a person who has a license to carry out a specific type of activity, the license applicant sends an application for a license to the appropriate licensing authority, which indicates: the name and organizational and legal form of the legal entity. person, its location, addresses of the places where the licensed type of activity is carried out, which the applicant intends to carry out, the state registration number of the entry on the creation of the legal entity. persons and data of the document confirming the fact of entering information about the legal entity. person in the Unified State Register of Legal Entities; taxpayer identification number and data of the document on registration of the license applicant with the tax authority; licensed type.

The decision to issue or refuse to issue a license must be made by the licensing authority within a period not exceeding 60 days from the date of receipt of the applicant's application with necessary documents. The grounds for refusal to issue a license may be:

The presence in the documents submitted by the license applicant of false or distorted information;

Non-compliance of the license applicant, objects owned by him or used by him with the license requirements and conditions.

Can be applied simplified procedure licensing, subject to the conclusion by the license applicant or licensee of a civil liability insurance contract, or if the licensee has a certificate of compliance with the licensed type of activity carried out by him international standards. The decision to grant a license or to refuse to grant it is made within a period not exceeding 15 days from the date of receipt of the application for a license and the documents attached to it.

foundation re-registration a document confirming the existence of a license is the reorganization of a legal entity. persons in the form of transformation, change of its name or location; change in the name or place of residence of the individual entrepreneur; change of addresses of places of implementation of legal entities. by a person or individual entrepreneur of a licensed type of activity.

Licensing authorities are empowered suspend the validity of the license in the event that the licensee is brought to administrative responsibility for violation of license requirements and conditions.

License canceled by a court decision on the basis of consideration of the application of the licensing authority. In addition, it is provided that the license is terminated from the day the license expires or the licensing authority makes a decision on early termination of the license on the basis of a written application submitted to the licensing authority by the licensee to terminate the licensed type of activity, as well as from the date the court decision on the annulment of the license enters into legal force.

Carrying out entrepreneurial activity without a license or in violation of the conditions stipulated by the license shall entail the imposition of an administrative fine.

List of activities for which licenses are required (Article 17 of the Law on Licensing):

Development of aviation equipment, including dual-purpose aviation equipment;

Geodetic activity;

Cartographic activity;

Pharmaceutical activity;

Production medicines;

Production of medical equipment;

Appraisal activity;

Tour operator activity;

Travel agency activity;

Activities for the organization and conduct of gambling in bookmakers and totalizators.

Licensing represents activities related to the issuance of a license, re-issuance of documents confirming the availability of licenses, suspension and cancellation of licenses and supervision of licensing authorities over compliance by licensees in the implementation of licensed activities with the relevant license requirements and conditions. The license is issued to a legal entity or an individual entrepreneur who are considered licensees.

In accordance with federal law, newly created business organizations and individual entrepreneurs to carry out certain types of activities are required to obtain a special permit-license. The organization carries out licensing of activities in accordance with the Federal Law of 08.08.2001 No. 128-FZ “On Licensing Certain Types of Activities”.

The main principles for the implementation of licensing are:

protection of freedoms, rights, legitimate interests, morality or health of citizens, ensuring the defense of the country and the security of the state;

Ensuring the unity of the economic space on the territory of the Russian Federation;

· Approval of a unified list of licensed types of activities and a unified procedure for licensing on the territory of the Russian Federation;

publicity and openness of licensing;

Compliance with the law in the implementation of licensing.

The Law establishes that licensed types of activities include those types of activities, the implementation of which may entail damage to the rights, legitimate interests, morality and health of citizens, national defense and state security, and regulation cannot be carried out by other methods than licensing.

A license is issued for each licensed type of activity. It is important that the type of activity for which a license has been obtained can only be carried out by a legal entity or individual entrepreneur who has received a license.

The period of validity of a license is established by the regulation on licensing a specific type of activity, but cannot be less than 5 years, however, federal laws and regulations on licensing specific types of activity may provide for an indefinite validity of the license. The license is issued for a period of at least 5 years at the request of the license applicant. The validity period of a license may be extended at the request of the licensee, unless otherwise provided by the regulation on licensing a particular type of activity.

To obtain a license, its applicant (legal entity, individual entrepreneur) must submit the following documents to the relevant authority:

1) an application for a license indicating: a) the name and organizational and legal form of the legal entity, its location, the name of the bank and the current account number - for a legal entity; b) last name, first name, patronymic, details of the identity document of a citizen - for an individual entrepreneur; c) the licensed type of activity that the legal entity or individual entrepreneur intends to carry out, and the period during which the specified type of activity will be carried out;

2) copies of constituent documents and a copy of the certificate of state registration of the licensee as a legal entity (originals must be presented if the copy is not certified by a notary) - for legal entities;

3) a copy of the certificate of state registration of a citizen as an individual entrepreneur (with the presentation of the original if the copy is not certified by a notary) - for individual entrepreneurs;

4) certificate of registration of the license applicant (legal entity, individual entrepreneur) with the tax authority;

5) a document confirming that the license applicant paid a fee for consideration by the licensing authority of the application of the license applicant.

All documents submitted to the relevant licensing authority for obtaining a license are accepted according to the inventory, a copy of which is sent (delivered) to the applicant with a note on the date of receipt of documents by the specified authority.

In accordance with the Law, the licensing authority must make a decision on issuing a license or on refusal within a period not exceeding 60 days from the date of receipt of the application of the license applicant with all the necessary documents. The regulation on licensing specific types of activities may establish shorter periods for issuing or refusing to issue a license. The licensing authority is obliged to notify the license applicant of decision within the specified period. A notice of the issuance of a license shall be sent (delivered) to the license applicant in writing, indicating the details of the bank account and the term for paying the license fee. The issuance of a document confirming the existence of a license must be made within 3 days after the applicant submits a document confirming payment of the license fee.

A notice of refusal to issue a license is sent (delivered) to the license applicant in writing, indicating the reasons for refusal, which may be: the presence of false or distorted information in the documents submitted by the license applicant; non-compliance of the license applicant with the license requirements and conditions. The license applicant, in accordance with the established procedure, has the right to appeal against the decision of the licensing authority to refuse to issue a license, as well as to demand independent expertise, the procedure for conducting and paying for which is established in the regulations on licensing specific types of activities.

The amount of the fee for consideration by the licensing authority of the application of the license applicant is 300 rubles, and for the submission of a license a license fee of 1000 rubles is charged. Payments for consideration of license applicants' applications are directed to the appropriate budget.

Licensing authorities may exercise control over the licensee's compliance with license requirements and conditions, may suspend the license in the event of: detection by the licensing authorities, state supervisory and control authorities, other authorities within their competence of violations by the licensee of license requirements and conditions that may entail damage to the rights, legitimate interests, morality and health of citizens, as well as national defense and state security; non-compliance by the licensee with the decisions of the licensing authorities obliging the licensee to eliminate the identified violations.

A license may be annulled by a court decision on the basis of an application from the licensing authority that issued the license, or a public authority in accordance with its competence. The basis for license cancellation is:

detection of false or distorted data in the documents submitted for obtaining a license;

repeated or gross violation by the licensee of license requirements and conditions;

The illegality of the decision to issue a license.

If a legal entity is being transformed, its name or location is changed, the licensee - a legal entity or its successor - is obliged to submit an application for reissuing a document confirming the existence of a license, attaching the relevant documents confirming the specified information.

Carrying out a certain type of activity without a special permit (license) is one of the signs of recognizing such activity as illegal business.

Licensing of certain types of entrepreneurial activity is established not only by federal law, but also by decrees of the Government of the Russian Federation. Article 17 of the Federal Law establishes a list of types of activities for which licenses are required, therefore, entrepreneurs, if they intend to carry out certain types of activities, must be guided by the provisions of this Law and other federal laws and decrees of the Government of the Russian Federation.