Business licensing is a law. The procedure for licensing business activities. Types of entrepreneurial activity required for licensing

In order to ensure the protection of the legitimate interests of citizens, cultural objects and environmental protection, as well as in order to preserve the security of the country, it was decided to license individual List of works and services for which a license should be obtained, and the procedure for such a procedure is stipulated in a special law.

Licensing concept

Licensing is a set of measures that includes services for the issuance, suspension, renewal 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) versions.

Individual licensing is carried out according to the principle of a single economic space, openness and accessibility of information, compliance with the rule of 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 certain types activities are 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, you must submit the following data:

  1. Your company name.
  2. The address and details of the organization.
  3. activities of the company.
  4. Information about the registration of the enterprise in the tax inspection.
  5. Documents confirming the payment of the required state fees.
  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 (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 after that submit the documents again.

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

Introduction

1. The concept of licensing. Licensing criteria and principles

Conclusion


Introduction

The market economy in the Russian Federation necessitates constant improvement and the search for new legal means state regulation business activities... At the same time, the impact on business entities is implemented in the form of mandatory requirements that are imposed on them at different stages of certain types of business activities. In a number of such requirements, the requirement was established that the entrepreneur must obtain a license. Moreover, the regulation of this requirement, both at the level of legislative acts and by-laws adopted in accordance with them, suggests that a legal institution for licensing entrepreneurial activity has emerged. Consideration of the problems of licensing entrepreneurial activity is quite relevant, since a significant number of types of entrepreneurial activity are subject to licensing. Among them are such activities as banking, insurance activities, the activities of professional participants in the securities market, appraisal activities, auditing activities, etc. And although the quantitative composition of licensed types of entrepreneurial activities has significantly decreased after the entry into force of the Federal Law of August 8, 2001 No. 128-FZ "On licensing certain types of activities", the influence of this institution on the activities of entrepreneurs is undoubtedly great. The relations emerging in this case require not only adequate regulatory regulation, but also serious theoretical understanding.

It must be recognized that the existing legal regulation of business licensing is not perfect. The norms of the 2001 Law on Licensing do not fully provide for the regulation of this legal institution, a general list of licensed types of entrepreneurial activity has not been established, for its understanding it is necessary to refer to other legislative acts. For example, the Law of the Russian Federation of November 27, 1992 No. 4015-1 "On the organization of insurance business in the Russian Federation" defines the types of insurance activities and, accordingly, the procedure for granting licenses for such types of activities.

Recently, the legislator has been trying to improve the existing licensing legislation through the adoption of new legislative acts. For example, the adopted Federal Law "On Licensing Certain Types of Activities" No. 128 of 08.08.2001, Decree of the Government of the Russian Federation of 26.01.2006. No. 45 "On the organization of licensing of certain types of activities." In 2005 alone, the following changes were made: from January 1, 2005, Chapter 25.3 of the Tax Code came into force, establishing the amount and procedure for payment of fees for the issuance of licenses; On July 2, 2005 and December 31, 2005, amendments were made to the Federal Law of 08.08.2001 No. 128-FZ "On licensing of certain types of activities" (Federal Law of 02.07.2005 No. 80-FZ and No. 200-FZ of 31.12.05) ; On July 21, 2005, the Federal Law of July 21, 2005 No. 114-FZ "On fees for issuing licenses for carrying out activities related to the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products" was issued. Also, Federal Law No. 102-FZ of July 21, 2005 changed the procedure for licensing the production, storage and supply of alcoholic beverages.

The purpose of this work is to investigate the legal institution of licensing entrepreneurial activity based on the theory of business and civil law.

Based on federal legislation, I will reveal such issues as: the concept of licensing, the legal basis for licensing entrepreneurial activities, licensing requirements and conditions, the concept of a license and its content, the procedure for obtaining a license, the procedure for its suspension and cancellation, legal responsibility and other legal consequences of violations in the sphere of licensing.


1. The concept of licensing

The legal term "licensing" is derived from the word "license" (lat. Licentia - right, permission). The legal definition of licensing is given in Art. 2 of the Federal Law "On Licensing Certain Types of Activities" dated 08.08.2001 No. 128-FZ (hereinafter referred to as the Federal Law "On Licensing ..."): "licensing is activities related to the granting of licenses, re-issuance of documents confirming the availability of licenses, suspension of licenses in the event of administrative suspension of the activities of licensees for violation of licensing 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 the relevant licensing requirements and conditions, maintenance of registers of licenses, as well as providing in the prescribed manner to interested parties information from the registers of licenses and other information on licensing ”. From this definition, the following elements can be distinguished: licensing is the state's activities related directly to its functions - the protection of the interests and rights of citizens; licensed objects - licensed activities. That network is a licensed type of activity - a type of activity for the implementation of which on the territory of the Russian Federation a license is required in accordance with the legislation.

It should be noted that special normative acts (regulating the licensing of a specific type of activity) specify and define the immediate objects of licensing. So, for example, the object of licensing the retail trade of alcoholic beverages is retail alcoholic products. Alcoholic products include drinking alcohol, vodka, alcoholic beverages, cognacs (brandy), calvados, grape wine, fruit wine and other food products with the content of ethyl alcohol produced from food raw materials, more than one and a half percent of the volume of a unit of alcoholic beverages.

Then the question arises: which activities are subject to licensing and which are not. The Federal Law "On Licensing ..." in this regard, there are a number of criteria. In accordance with the Law, licensed types of activity include types of activities, the implementation of which may entail damage to the rights, legitimate interests, the health of citizens, the defense and security of the state, the cultural heritage of the peoples of the Russian Federation and the regulation of which cannot be carried out by other methods, except by licensing.

Thus, activities subject to licensing are, first of all, those activities that threaten to harm the moral or physical citizens or threaten the security of the state.

When implementing licensing, the state, represented by the appropriate authorities, is guided by a number of principles:

Protection of freedoms, rights, legitimate interests, morality and health of citizens, ensuring the country's defense and state security;

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

Establishment of a single list of licensed types of activities and a single licensing procedure on the territory of the Russian Federation;

Publicity and openness of licensing;

Compliance with the law in the implementation of licensing.

Thus, licensing is a tool used by the state, represented by the competent authorities, to directly protect the interests of citizens and the state itself.

Let's now turn to the concept of a license.

The Federal Law "On Licensing ..." defines that a license is a special permit to carry out a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur.

The legal literature notes that in russian legislation on licensing at various stages of its development, the license was considered as:

1) a document (clause 1 of the Procedure for conducting licensing activities, approved by the Decree of the Government of the Russian Federation of December 24, 1994 N 1418);

2) law (Article 2 of the Federal Law No. 158 of September 25, 1998 "On licensing certain types of activities");

3) a legal fact in the form of an appropriate decision (part 3 of clause 1 of article 49 of the Civil Code of the Russian Federation of November 26, 2001 No. 146-FZ (hereinafter the Civil Code of the Russian Federation)).

Licensing as a civil law institution dates back to "pre-perestroika times", therefore, its stages legal regulation must be considered in historical development.

In Soviet law, licensing mainly performed the function of state control over the export and import of goods and the expenditure of foreign exchange funds. With the beginning of perestroika, the licensing institute reached a qualitatively new level. Thus, after the adoption of the Law of the RSFSR "On Enterprises and Entrepreneurial Activity", enterprises, regardless of their form of ownership, acquired the right to carry out any activities not prohibited by law in all spheres and branches of the national economy. At the same time, certain types of activities of the enterprise could only be carried out on the basis of a special permit (license). The determination of the list of activities and the procedure for issuing licenses was attributed to the competence of the Council of Ministers of the RSFSR and the Councils of Ministers of the republics that are part of the RSFSR, or their authorized bodies.

Resolution of the Government of the Russian Federation of May 27, 1993 N 492 "On the powers of the executive power territories, regions, autonomous formations, cities of federal significance for the licensing of certain types of activity "the Approximate procedure for licensing certain types of activity in the territories of territories, regions, autonomous formations, cities of federal significance and the List of activities licensed in these territories was approved. the authorities of territories, regions, autonomous districts, autonomous regions, cities of federal significance were granted the right to carry out licensing of certain types of activities in accordance with the established List.

In turn, in pursuance of this Resolution and legal acts of the constituent entities of the Russian Federation, local governments began to actively adopt municipal legal acts regulating relations on the application of licensing in the territories under their jurisdiction. As a result of such active lawmaking, there was a threat of uncontrolled expansion of the list of activities subject to licensing.

After the adoption of the Constitution of the Russian Federation in 1993, the process of streamlining licensing issues proceeded slowly, since a large number of acts that contradicted the adopted basic law of Russia had to be subject to expert examination, cancellation or appeal in court. In addition, the RF Government actively participated in the legal regulation of licensing issues.

One of the main laws that established the fundamental provisions for the application of such a regime as licensing was the Civil Code of the Russian Federation. Clause 1 of Art. 49 of the Civil Code of the Russian Federation, it was established that the list of activities that entrepreneurs can engage in only with a license is determined by federal law.

The result was the adoption of the Federal Law "On Licensing Certain Types of Activities" No. 158 of September 25, 1998, which fixed the list of activities for which licenses are required.

At present, the main normative act establishing the list of licensed types of activity and regulating the procedure for granting a license is the Federal Law "On Licensing Certain Types of Activities" dated 08.08.2001 No. 128-FZ.


2. Legal basis for licensing

The main regulatory act governing the licensing procedure in the Russian Federation is the Federal Law "On Licensing Certain Types of Activities". This Federal Law, in accordance with Article 1, regulates relations arising between federal executive bodies, executive bodies of the constituent entities of the Russian Federation, legal entities and individual entrepreneurs in connection with the implementation of licensing of certain types of activities in accordance with the list provided for in paragraph 1 of Article 17 of this Federal Law ... The law does not apply to the following activities: activities credit institutions; activities related to the protection of state secrets; activity in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products; activities in the field of communications; exchange activity; activities in the field of customs; notarial activity; insurance activities, with the exception of pension insurance carried out by non-state pension funds; activities of professional participants in the securities market; implementation of foreign economic operations; implementation of international road transport of goods and passengers; purchase of weapons and cartridges for it; use of the results of intellectual activity; use of orbital-frequency resources and radio frequencies for television broadcasting and radio broadcasting (including broadcasting additional information); use of natural resources, including subsoil, forest resources, flora and fauna; activities, works and services in the field of atomic energy use; educational activities.

These types of activities are licensed by special industry legislation. So when obtaining a license for the use of subsoil - the Law of the Russian Federation "On Subsoil" dated February 21, 1992 N 2395-1, when obtaining a license for banking operations - by the Law "On Banks and Banking Activities" No. 395-1 dated 02.12.1990 and etc.

All other activities specified in paragraph 1 of Art. 17 Federal Law "On Licensing ..." are licensed in strict accordance with the provisions of this regulatory act. The procedure for licensing the types of activities specified in Art. 17 is uniform and cannot be changed at the discretion of any authorities involved in the licensing procedures.

Federal Law of July 2, 2005 No. 80-FZ "On Amendments to the Federal Law" On Licensing Certain Types of Activities ", the Federal Law" On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision) and the Code of Administrative Offenses of the Russian Federation "provides for a phased reduction the list of activities subject to licensing:

From January 1, 2006, the requirement for a license to carry out such activities as: survey service of sea vessels in seaports was abolished; activity on maintenance and repair of rolling stock in railway transport; maintenance and repair activities technical meansused in railway transport; appraisal activity; breeding of pedigree animals (except for the case if the specified activity is carried out to meet their own needs legal entity or an individual entrepreneur); activities for the production and use of pedigree products (material) (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur); audit activity; activities for the production of elite seeds (elite seeds); activities carried out at sea for the acceptance and transportation of catches of aquatic biological resources, including fish, as well as other aquatic animals and plants.

From January 1, 2007 licensing of the following types of activity was terminated: tour operator; travel agency; design of buildings and structures, except for seasonal or auxiliary structures; construction of buildings and structures, except for seasonal or auxiliary structures; engineering surveys for the construction of buildings and structures, with the exception of seasonal or auxiliary structures.

The reduction in the types of activities subject to licensing occurs, in my opinion, due to the fact that, firstly, after obtaining a license, there is practically no control over activities. Meanwhile, the main danger to the interests of citizens is precisely the process of carrying out activities. Secondly, the process of obtaining a license for some types of activities has practically been turned into a formal procedure. This happened, first of all, because it is not difficult to comply with the requirements established by law (availability of premises and qualified employees with education and work experience). As a result, the formal availability of licenses does not save consumers from unscrupulous manufacturers. Therefore, the prevailing tendency is to transfer control from licensing to a product (service) quality control system.

The Federal Law "On Licensing ..." also established the competence of the Government of the Russian Federation in matters of licensing.

The Russian government, in order to ensure the unity of the economic space on the territory of the Russian Federation, in accordance with the main directions of the internal policy of the state determined by the President of the Russian Federation, approves the Regulations on the licensing of specific types of activities; determines the federal executive authorities licensing specific types of activities; establishes the types of activities licensed by the executive authorities of the constituent entities of the Russian Federation.

Federal executive bodies, by agreement with executive bodies of the constituent entities of the Russian Federation, may delegate to them the exercise of some of their powers. Thus, licensing can be carried out by federal state authorities, as well as by state authorities of the constituent entities of the Russian Federation in accordance with the Constitution of the Russian Federation and federal laws... Decree of the Government of the Russian Federation "On the organization of licensing of certain types of activities" dated 26.01.2006. No. 45 approved the list of federal executive bodies carrying out licensing; a list of types of activities licensed by the executive authorities of the constituent entities of the Russian Federation and federal executive authorities developing draft regulations on licensing these types of activities.

Article 7 of the Federal Law "On Licensing ..." also solves the problem of license validity in space. Activities for which a license is granted by a federal executive body or an executive body of a constituent entity of the Russian Federation may be carried out throughout the entire territory of the Russian Federation. Activities for which a license has been granted by the licensing authority of a constituent entity of the Russian Federation may be carried out in the territories of other constituent entities of the Russian Federation, subject to notification by the licensee of the licensing authorities to the corresponding constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation. This procedure is established by the Decree of the Government of the Russian Federation of January 26, 2006. No. 45. The list of activities licensed by the executive authorities of the constituent entities of the Russian Federation is approved by the same decree. These include:

1) procurement, processing and sale of non-ferrous scrap;

2) procurement, processing and sale of ferrous scrap;

The list of specific executive authorities licensing the respective types of activity is approved by each constituent entity of the Russian Federation independently. However, draft regulations on licensing specific types of activities carried out by the executive authorities of the constituent entities of the Russian Federation are developed by the federal executive authorities - the Ministry of Industry and Energy of Russia with the participation of the executive authorities of the constituent entities of the Russian Federation.

Thus, the "licensing" legislation of the Russian Federation includes:

Civil Code of the Russian Federation (parts one, three, four)

Federal Law of August 8, 2001 N 128-FZ "On licensing certain types of activities";

Resolutions of the Government of the Russian Federation on licensing certain types of activities;

legal acts of federal executive bodies carrying out licensing;

legislation of the constituent entities of the Russian Federation;

normative acts of the executive authorities of the constituent entities of the Russian Federation, issued within the framework of their powers.

Licensing legislation is a relatively new developing area of \u200b\u200bpublic law in the general system of licensing regulation in the Russian Federation

In the context of new forms of economic (market) relations, the rapid growth of the technogenic industry, environmental threats, the growth of social conflict, the priority task of the state has become the creation of new legal institutions and mechanisms adequate to the public state that ensure the safety of citizens, the legality of public relations and a stable order in the state. And to such new legal institutions that are responsible modern requirements public relations in the Russian Federation, licensing is indisputable.


3.1 Subjects of the licensing process

The subjects of the licensing process include licensing authorities, licensee, license applicant

Licensing bodies - federal executive bodies, executive bodies of the constituent entities of the Russian Federation, carrying out licensing in accordance with the Federal Law "On Licensing ...".

In general, the range of bodies performing licensing functions is very wide. The legislator has assigned the corresponding functions and powers to these bodies. So, for example, one of the main functions of the licensing authorities, the legislator allocates supervision over compliance by licensees with license requirements and conditions - a system of measures carried out by licensing authorities, state supervisory and control bodies within their competence in order to ensure compliance by licensees in the implementation of licensed activities applicable licensing requirements and conditions. In exercising control, the licensing authorities have the right to request and receive the necessary explanations and documents; to draw up reports on the basis of the results of inspections indicating specific violations; make decisions obliging the licensee to eliminate the identified violations, set the deadlines for the elimination of such violations; issue a warning to the licensee. The duties of the licensees correspond with these rights of the licensing authorities.

Licensee - a legal entity or individual entrepreneur licensed to carry out a specific type of activity;

License applicant - a legal entity or individual entrepreneur who applied to the licensing authority with an application for a license to carry out a specific type of activity.

3.2 License restrictions

The validity of the license is limited by the term, territory, entity that received the license, as well as the activity for which the license was obtained.

The license is issued separately for each licensed type of activity.

The license is the basis for the emergence of the legal capacity of the licensee, i.e. opportunities to engage in certain types of activities, the list of which is determined by law (Art. 49 of the Civil Code of the Russian Federation). The legal capacity acquired on the basis of the license determines the “personal” nature of the license, i.e. the licensed activity can only be carried out by a specific individual entrepreneur-licensee or legal entity.

The Presidium of the Supreme Arbitration Court of the Russian Federation comes to the same conclusion in the Resolution of August 31, 1999 N 422/99. The case was considered at the request of the entrepreneur M., a private practitioner, for the recognition invalid decisions Commission for licensing and certification of medical activities, according to which the plaintiff was revoked the license to engage in medical activities. The reason that served as the basis for the revocation of the license was the violation by the plaintiff of the conditions of its action, expressed in admission to the implementation of dental medical care another natural person... The Presidium of the Supreme Arbitration Court of the Russian Federation ruled that the right to engage in private medical practice is purely individual and the license of a private practitioner cannot be extended to other persons. The admission of another person to such activities is a violation of the terms of the license.

Upon liquidation of a legal entity or termination of the certificate of state registration a natural person as an individual entrepreneur, the issued license becomes invalid.

In the event of a reorganization of a legal entity in the form of transformation, a change in its name or its location, or a change in the name or place of residence of an individual entrepreneur, as well as in the event of a change in the addresses of places where a legal entity or an individual entrepreneur carries out a licensed type of activity, the licensee is a legal entity or an individual entrepreneur or his the assignee is obliged to submit an application for renewal of the document confirming the existence of a license within 15 days. Re-issuance of a license is carried out in the same manner as established for its receipt. Prior to re-issuing a license, the licensee carries out activities on the basis of a previously issued license and a document confirming the submission of an application for re-issuing a license, in case of loss of a license - on the basis of a temporary permit issued by the licensing authority.

Territory in which the license can be used.

Activities for which a license is granted by a federal executive body or an executive body of a constituent entity of the Russian Federation may be carried out throughout the entire territory of the Russian Federation. Activities for which the license is granted by the licensing authority of a constituent entity of the Russian Federation may be carried out in the territories of other constituent entities of the Russian Federation, provided that the licensee notifies the licensing authorities of the corresponding constituent entities of the Russian Federation.

In case of violation of this rule, that is, for carrying out activities on the basis of a license issued by the licensing authority of a constituent entity of the Russian Federation in the territories of other constituent entities of the Russian Federation without notifying the licensing authorities of these constituent entities of the Russian Federation, the licensee is liable in accordance with the legislation of the Russian Federation.

However, it should be noted that, if the licensed type of activity is carried out at several geographically separate facilities, including those located on railway, aviation, sea and river transport, the licensee is issued simultaneously with the license its certified copies for each facility indicating its location. Copies of such a license are registered by the licensing authority. When the list of geographically separate facilities where the licensee operates, additional copies of the license are issued at the request of the licensee with the attachment of documents provided for by the Regulations.

The license is an urgent permit, that is, limited in time.

The term of the license is the period of time from the moment of its issuance, which the licensee can carry out the activities provided for by the license.

The general term of the license is determined in Article 8 of the Federal Law "On Licensing Certain Types of Activities" and cannot be less than five years. The term of validity of the license upon its expiration can be extended at the request of the licensee. Renewal of the license may be refused if violations of license requirements and conditions are recorded during the license validity period.

The specific term of the license is always set in the regulation on licensing a certain type of activity, approved by the Government of the Russian Federation.

Most often, the RF Government sets a term of 5 years. But there are also exceptions. In particular, the Regulations on Licensing Activities in the Field of Communications in the Russian Federation, approved by Resolution of the Government of the Russian Federation of June 5, 1994 N 642, a license is issued for a period of 3 to 10 years (excluding licenses for television and radio broadcasting).

Licensing regulations for specific types of activities may provide for an unlimited license.

The indefinite validity of the licenses is also provided for in the decree of the Government of the Russian Federation of January 26, 2006. No. 45 "licenses for carrying out the types of activities specified in paragraph 1 of Article 17 of the Federal Law" On Licensing Certain Types of Activities ", issued before the entry into force of the Federal Law of July 2, 2005 No. 80-FZ" On Amendments to the Federal Law " On Licensing Certain Types of Activities ", the Federal Law" On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision) "and the Code of the Russian Federation on administrative offenses", are valid until the expiration of the period specified in them, or are unlimited (in the case of an unlimited validity of the license)."

An indefinite validity is provided for some types of activities when the license is renewed. For example, in the Regulations on Licensing the Activities of Investment Funds, approved by Resolution of the Government of the Russian Federation of July 14, 2006 N 432, it is established next rule: a license to operate investment funds is granted for five years. When renewing the license, it is valid indefinitely or during the period specified in the application for renewing the license.

The extension of the license validity period is carried out in the order of re-issuing the document confirming the existence of the license.

At the same time, it is essential for the license renewal procedure to submit the licensee's respective application with all the necessary documents in a timely manner. It is timely to submit an application before the license expires. Otherwise, the extension of the license will be impossible, since the license itself will already be absent and a legal entity or individual entrepreneur needs to obtain (and not renew) a license in the manner prescribed by Art. 9 of the Federal Law "On Licensing ...".

The expiration of the license term means the termination of the right of the person who received the license to carry out the relevant type of activity. At the same time, the present person loses the status of the licensee, since together with the expiration of the license, the licensing relations between the legal entity or individual entrepreneur and the state are terminated.

3.3 Procedure for obtaining a license

In order to obtain a license, a license applicant submits an application for a license to the appropriate licensing authority, which indicates:

Full and (if any) abbreviated name, including company name, and the organizational and legal form of the legal entity, its location, addresses of the places of implementation of the licensed type of activity, which the applicant intends to carry out, the state registration number records on the creation of a legal entity and the data of a document confirming the fact of entering information about a legal entity in the unified state register of legal entities - for a legal entity;

Surname, name and (if any) patronymic of an individual entrepreneur, his place of residence, addresses of places of implementation of the licensed type of activity that the applicant intends to carry out, data of his identity document, main state registration number of the record on state registration of an individual entrepreneur and data 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 paragraph 1 of Article 17 of the Federal Law "On licensing ...", which the license applicant intends to carry out.

Attached to the license application are:

Copies of constituent documents (with the presentation of originals if the copies are not certified true to a notary) - for a legal entity;

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

Depending on the specifics of the activity, the regulation on licensing a specific type of activity may provide for the submission of other documents confirming the compliance of the license applicant with the established licensing requirements and conditions.

So, for example, in order to obtain a license to manufacture medicines, license applicants, along with the documents provided for above, will have to provide the following documents:

List of medicines that the license applicant is ready to produce;

Description of the main technological processesensuring the quality of medicines;

Consent of local authorities to locate drug production in the relevant territory;

Copies of documents certifying that the license applicant (licensee) has the necessary buildings, premises and equipment to carry out licensed activities, owned or otherwise legally owned;

Copies of the sanitary and epidemiological conclusion on the compliance of the production of medicines with the requirements of sanitary rules issued in the established manner;

Copies of documents confirming the qualifications of specialists responsible for the production, quality and labeling of medicines that meet the licensing requirements and conditions.

But it is not allowed to require the license applicant to submit other documents not provided for by the Federal Law "On Licensing ..." and other federal laws and regulations on licensing specific types of activities.

The application for the grant of 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 acceptance said statements and documents are sent to the license applicant.

The licensing authority checks the completeness and accuracy of the information about the license applicant contained in the application and documents submitted by the license applicant, as well as verifies the possibility of the license applicant fulfilling the license requirements and conditions.

At the stage of consideration of documents on the issuance of a license, licensing control is carried out (Article 12 of the Federal Law "On licensing certain types of activities") in the form of verification:

Completeness and accuracy of information about the license applicant contained in the application and documents submitted by the license applicant;

Opportunities for the license applicant to fulfill license requirements and conditions in the manner prescribed by the Federal Law.

Until now, the licensing authorities have made a decision to issue a license or to refuse to issue it only on the basis of the information provided to them by the applicant. Verification of the information provided was only the right, but not the responsibility of the licensing authorities.

Now verification is carried out by comparing such information with information from a single state register legal entities or the unified state register of individual entrepreneurs. The licensing body receives the relevant information in the manner prescribed by the Government of the Russian Federation from the federal executive body authorized to carry out state registration of legal entities and individual entrepreneurs.

The licensing authority makes a decision on granting or refusing to grant a license within a period not exceeding forty-five days from the date of receipt of the application for a license and the documents attached thereto. This decision is formalized by the relevant act of the licensing authority.

The licensing authority is obliged to notify the license applicant within the specified period of the decision to grant or refuse to grant a license. The grounds for refusal to grant a license are:

Presence of inaccurate or distorted information in the documents submitted by the license applicant;

Inconsistency of the license applicant, objects belonging to him or used by him, license requirements and conditions.

The issuance of a document confirming the existence of a license is carried out within three days after the applicant submits a document confirming the payment of the license fee for granting a license. If the licensee has not paid the license fee within three months, then the licensing authority that issued the license has the right to cancel it.

At the request of the license applicant or licensee, a simplified licensing procedure may be applied in relation to certain types of activities, licensing of which is carried out in order to protect property rights and legitimate interests of citizens. It is possible if the license applicant or the licensee concludes 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 with regard to licensing the following types of activities: operation of fire hazardous production facilities; restoration activities of cultural heritage sites (historical and cultural monuments); transportation of goods by sea; carriage of goods by inland waterways; carriage of goods by air; transportation of goods by rail, cargo luggage; transportation of goods (movement of goods without concluding a contract of carriage) on public railway tracks, with the exception of cleaning up the arrived cargo from the railway exhibition tracks, returning them to the railway exhibition tracks; loading and unloading activities in relation to dangerous goods on inland waterway transport, in seaports, on railway transport; activities for the implementation of towing by sea transport (except for the case when the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur).

Under the simplified licensing procedure, the applicant does not submit documents confirming his compliance with the licensing requirements. The term for consideration of documents has been reduced to 15 days. The transition to a simplified system is of a notification nature. Subsequently, the licensee is released from scheduled inspections fulfillment of licensing requirements and conditions by the licensing authority.

The introduction of a simplified licensing procedure is due to the general tendency to reduce control over entrepreneurial activity and the need to avoid duplication of state functions, because there is a liability insurance contract or a certificate of conformity certain requirements assumes that the requirements for a person to obtain a license are also met.

3.4 Suspension and revocation of the license

In accordance with the Federal Law "On Licensing ..." the suspension of the license is carried out by the licensing authority in the event that the licensee is brought to administrative responsibility for violation of licensing requirements and conditions in the manner established by the Code of Administrative Offenses of the Russian Federation. The licensing authorities are empowered to suspend the license in cases of their detection of repeated violations or gross violation the licensee of the license requirements and conditions.

If a judge makes a decision on the administrative suspension of the licensee's activities for violation of license requirements and conditions, the licensing authority within 24 hours from the date of entry this decision in legal force suspends the license for the period of administrative suspension of the licensee's activities.

Simultaneously with the suspension of the license, the licensing authority is obliged to establish a time limit for the licensee to eliminate the violations that became the basis for the suspension of the license. This period cannot exceed six months. After elimination of violations, the licensee notifies the licensing authority with the attachment of all necessary documents. The law did not set a time limit for the licensing authority to consider the licensee's notification on the elimination of violations that became the basis for the suspension of the license. Thus, this term is established either by regulations on licensing specific types of activities, or by departmental acts of licensing authorities. In particular, according to clause 6 of the Regulations on the licensing of tour operator activities, "the period for checking the elimination of violations by the licensee that led to the suspension of the license should not exceed 15 days from the date of receipt of the notification from the licensee on the elimination of these violations."

Of course, in the course of inspections, the licensing authorities reveal a wide variety of violations by licensees of license requirements and conditions. It seems interesting to give one illustrative example from arbitration practice, devoted to the violation of license requirements and conditions by a licensee carrying out passenger transportation. The decree of the FAS of the East Siberian District of April 4, 2002 N А78-4530 / 01-С2-20 / 225-Ф02-785 / 02-С1 states the following: "... the court of first and appeal instances established that the entrepreneur Kochergina IV under license No. ASG 75 043805 of March 1, 01, carries out the transportation of passengers by buses. The license does not indicate which type of transport - public or non-public - transportation should be carried out. One of the conditions for carrying out activities is the obligation to fulfill Of the Charter road transport and Transportation Rules. Protocol N 002809 on an administrative offense dated September 19, 01, established a violation in the form of a refusal to provide travel benefits for disabled people of group 1. Decree N 002859/624 of October 2, 2001 entrepreneur Kochergina AND.The. brought to administrative responsibility for violation of licensing conditions, i.e. under Part 3 of Art. 157.3 Administrative Code of the RSFSR. The court of first and appellate instance, recognizing this contested decision as valid, indicated the following. The Federal Law "On Licensing ..." determined that licensing requirements and conditions are a set of established regulatory legal acts requirements and conditions, the fulfillment of which by the licensee is mandatory when carrying out the licensed type of activity. Art. 9 it is determined that one of the prerequisites and requirements for licensees to carry out licensed activities is compliance with the legislation of the Russian Federation, environmental, sanitary and epidemiological, hygienic, fire safety rules and regulations, as well as provisions on licensing of specific types of activities. In accordance with Art. 30 of the Federal Law of November 24, 1995 N 181-FZ "On social protection of disabled people in the Russian Federation" disabled children, their parents, guardians, trustees, as well as disabled people, including disabled people of the 3rd group, enjoy the right of free travel on all types of transport general use of urban and suburban communications, except for taxis. The court of first instance rightfully concluded that public transport is a transport intended for the transport of an indefinite number of persons, regardless of the form and type of ownership of the vehicle. The plaintiff's transport is a public transport, regardless of whether it is indicated in the license or not. The plaintiff refuses to transport those categories of citizens who, in accordance with the legislation of the Russian Federation, are granted the right to free travel, while violating both the aforementioned Law and the Temporary Transportation Rules approved by the Ministry of Transport of the Russian Federation of September 22, 1997 ".

The license is renewed in two cases:

By the licensing authority - from the day following the expiry date of the administrative suspension of activities;

With the onset of the day of early termination of the execution of an administrative penalty in the form of an administrative suspension of activities. To do this, it will be necessary to apply to the judge with the appropriate application.

The validity period of the license is not extended for the period of its suspension.

If, within the time period established by the judge, the licensee has not eliminated the violation of the license requirements and conditions, which entailed the administrative suspension of the licensee's activities, the licensing authority must apply to the court with an application to revoke the license.

The license is canceled by a court decision on the basis of consideration of the application of the licensing authority.

The grounds for canceling a license, in accordance with this clause 4 of article 13 of the Federal Law "On licensing ..." are: 1) failure by the licensee to eliminate, within the period specified by the licensing authority, gross or repeated violations of license requirements and conditions; 2) failure of the licensee to pay the license fee for granting a license within three months from the date of granting the license; 3) violation by the licensee of the licensing requirements and conditions that entailed damage to the rights, legitimate interests, health of citizens, the defense and security of the state, the cultural heritage of the peoples of the Russian Federation.


4. Legal responsibility and other legal consequences of violations in the field of licensing certain types of activities

Consider possible consequences violations of activities in the field of licensing in terms of civil, administrative and criminal law.

Code of Administrative Offenses of 30.12.2001 No. 195-FZ in Art. 14.1 provides for liability for carrying out activities in violation of the terms of the license or without a license.

Carrying out an entrepreneurial activity without a license takes place when the activity is carried out after the submission of an application for a license, but before obtaining positive result and notifications of licensing carried out; the activity continues after receiving a decision of the licensing authority to refuse to issue a license, and although in this case a negative decision can be appealed, the person does not have the right to engage in activities requiring licensing; the activity continues after the suspension of the license if violations of the license requirements and conditions have been identified; the activity is carried out after the revocation of the license by the licensing authority or the court; entrepreneurial activity is carried out after the expiration of the license.

Carrying out entrepreneurial activity without a special permit (license), if such a permit (such license) is mandatory (mandatory), shall entail the imposition of an administrative fine on citizens in the amount of twenty to twenty five minimum sizes remuneration for labor with or without confiscation of manufactured products, tools of production and raw materials; on officials - from forty to fifty times the minimum wage with or without confiscation of manufactured products, tools of production and raw materials; for legal entities - from four hundred to five hundred times the minimum wage with or without confiscation of manufactured products, tools of production and raw materials.

If this act caused major damage to citizens, organizations or the state, or is associated with the extraction of income on a large scale, then it is a crime and is punished in accordance with Article 171 of the Criminal Code of the Russian Federation of 05.24.1996. Criminal liability for illegal entrepreneurship can arise only for violation of licensing rules established by federal legislation. In case of violation of the licensing rules established by the regulatory acts of the constituent entities of the Russian Federation, criminal liability does not arise. Otherwise, the grounds for criminal prosecution for illegal business in the constituent entities of the Russian Federation would be different.

Article 172 of the Criminal Code of the Russian Federation is specifically devoted to illegal banking activities. Thus, criminal liability arises for carrying out banking activities (banking operations) without a special permit (license) in the case when such a permit (license) is required, or in violation of the licensing conditions, if this act caused major damage to citizens, organizations or the state, or is associated with generating income on a large scale.

In accordance with Art. 203 of the Criminal Code of the Russian Federation, criminal liability arises for the excess by the head or employee of a private security or detective service of the powers granted to them in accordance with a license, contrary to the objectives of their activities, if this act is committed with the use of violence or with the threat of its use. The same act, which has entailed grave consequences, is punished more severely.

Unlawful refusal to issue a license to carry out certain activities, if these acts were committed by an official using his official position, or in violation of a judicial act that has come into force, as well as causing major damage, are punished in accordance with Article 169 of the Criminal Code of the Russian Federation. In this case, obstruction of legal entrepreneurial activity encroaches on a very important area of \u200b\u200bpublic relations associated with free enterprise, the right to which is granted to citizens by the Constitution of the Russian Federation (Article 34).

In the Civil Code of the Russian Federation, the possibility of concluding a number of contracts is directly stipulated by the presence of an appropriate license (Articles 825, 835, Clause 4, Articles 845, 938, 1063).

In accordance with Art. 173 of the Civil Code of the Russian Federation, a transaction made by a legal entity that does not have a license to engage in the relevant type of activity may be recognized by the court as invalid. A statement of claim for recognizing a transaction as such is submitted by a legal entity, its founder (participant) or government agencyexercising control and supervision over its activities, if it is proved that the other party to the transaction knew or should have known about its illegality.

As an example, the position of the judiciary regarding claims to invalidate transactions on the grounds provided for in Art. 173 of the Civil Code of the Russian Federation, you can give an example from the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 04.21.98 N 33.

The specialized investment fund for privatization (the seller) filed a claim with the arbitration court to invalidate the contract for the sale of shares it had concluded and to apply the consequences of the invalidity of the transaction. The court, having established that the investment fund, not having the necessary license giving the right to engage in the relevant activity, entered into a sale and purchase transaction of shares, declared it invalid on the basis of Article 173 of the Civil Code of the Russian Federation (hereinafter - the Code).

By a resolution of the cassation instance, the decision was canceled, and the proceedings were terminated with reference to the consideration of a dispute between the same persons, on the same subject and on the same grounds by another arbitration court (Article 85 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the APC RF ).

The Presidium of the Supreme Arbitration Court of the Russian Federation recognized the conclusion of the cassation instance as erroneous and canceled its decision.

When checking the materials of the case, it was established that the investment fund carried out activities subject to licensing, including transactions with shares, in the absence of an appropriate license. Article 173 of the Civil Code provides for the right of a legal entity that has made a transaction without a license to engage in the relevant activity, to challenge it in court. Such a transaction is recognized as invalid if it is proved that the other party to the transaction knew or should have known about its illegality. The decision of the court of first instance, which recognized the agreement concluded by the investment fund as invalid, was made in accordance with the specified article of the Code and is correct.

Summing up, we can say that the condition for the legal activity of economic entities is the compulsory obtaining of a license in the cases provided for by law, and compliance with the licensing rules. For failure to fulfill this obligation, one or another type of legal liability can be applied to violators.


Conclusion

This paper examines the legal status of licensing in the Russian Federation. As a result, a number of conclusions can be drawn.

First of all, the institution of licensing is an important civil legal institution - aimed at directly protecting the interests of citizens, ensuring the country's defense, state security and other interests of the state itself.

It provides for the implementation of measures related to the issuance of licenses, the suspension and cancellation of licenses, the control of licensing authorities over the observance by licensees in the implementation of licensed activities of the relevant licensing requirements and conditions.

The legal basis for licensing is Art. 49 of the Civil Code of the Russian Federation, Federal Law "On licensing certain types of activities", acts of the constituent entities of the Russian Federation. In addition, the procedure for licensing specific types of activities is determined by the relevant provisions. The effect of the Federal Law "On licensing certain types of activities" does not apply to the types of activities, the list of which is given in its article 1 (insurance, notary, stock exchange, credit organizations and others). The licensing procedure for these types of activities is determined by special legislation.

The development of licensing norms from securing the complete freedom of administrative discretion of executive authorities in the field of applying preventive measures in the field of licensing towards limiting their powers, as well as the very grounds for application, indicates the undesirability of transferring such an instrument of influencing entrepreneurship entirely into the hands of the executive power. In this regard, there is a reduction in the types of activities subject to licensing. The prevailing trend is to transfer control from licensing to a product (service) quality control system.

When engaging in entrepreneurial activity, for which, in accordance with the legislation, a special permit (license) is required, it is necessary to strictly comply with licensing standards, do not allow the activity to be carried out until it is obtained. A person carrying out entrepreneurial activity in violation of the terms of a license or without a license bears administrative (Article 14.1 of the Code of Administrative Offenses of the Russian Federation) or criminal liability (Article 171 of the Criminal Code of the Russian Federation). Equally and officials bodies authorized to carry out licensed activities for illegal refusal or evasion of issuing a license are brought to criminal responsibility (Article 169 of the Criminal Code of the Russian Federation).


List of normative material and literature

1. The Constitution of the Russian Federation of 12.12.1993 / Legal Systems ConsultantPlus.

2. The Arbitration Procedure Code of the Russian Federation of July 24, 2002 N 95-FZ / Legal system ConsultantPlus

3. Civil Code of the Russian Federation (parts one, two, four) / Legal systems ConsultantPlus

4. Code of Administrative Offenses of 30.12.2001 No. 195-FZ / Legal system ConsultantPlus

5. The Criminal Code of the Russian Federation of May 24, 1996, No. 63-FZ / Legal system ConsultantPlus.

6. Federal Law "On Licensing Certain Types of Activities" No. 128 of 08.08.01 (as amended by FZ No. 200-FZ of 31.12.2005) / Legal system ConsultantPlus.

7. Federal Law of July 2, 2005 No. 80-FZ "On Amendments to the Federal Law" On Licensing Certain Types of Activities ", Federal Law" On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision) and the Code of Administrative Offenses of the Russian Federation "/ Legal system ConsultantPlus.

8. Federal Law "On state regulation of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products" dated 22.111995, No. 171-FZ / Legal system ConsultantPlus.

9.Federal Law "On Banks and Banking Activity" No. 395-1 dated 02.12.1990 / Legal system ConsultantPlus.

10. Law of the Russian Federation "On Subsoil" dated February 21, 1992 No. 2395-1 (revised on August 22, 2004 "122-FZ) / Consultant.

11. Decree of the Government of the Russian Federation of February 11, 2002 N 9 "On Approval of the Regulations on Licensing Tour Operator Activities" / Legal Systems ConsultantPlus

12. Decree of the Government of the Russian Federation of January 26, 2006. № 45 "On the organization of licensing of certain types of activities" / Legal systems ConsultantPlus.

13. Regulation on licensing the production of medicines, approved by the Decree of the Government of the Russian Federation dated 06.07.2006 No. 415 / Legal systems ConsultantPlus

14. Decree of the Government of the Russian Federation of 14.07.2006 No. 432 "On approval of licensing the activities of investment funds" / Legal systems ConsultantPlus.

15. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation in August 31, 1999 N 422/99 / Bulletin of the Supreme Arbitration Court of the Russian Federation. 1999. N 12.P. 43 Legal system / ConsultantPlus

16. Resolution of the FAS of the East Siberian District of April 4, 2002 N А78-4530 / 01-С2-20 / 225-Ф02-785 / 02-С1

17. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of July 14, 1998 in case N 1173/98 / Consultant - Arbitrage practice

18. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 04.21.98 N 33.

19. Commentary on the Federal Law “On Licensing Certain Types of Activities”, ed. L.N. Tkach, publishing house. Legal house "Justicinform", 2003

20. Ershova I.V. Business Law: Questions and Answers. - 3rd ed., Rev. and add. - M .: Publishing House "Jurisprudence", 2005. - 288p.

21. Zvonenko D.P. New Law on Licensing // Consultant. 2002. No. 1.

22. Business law of the Russian Federation: textbook / otv. ed. E.P. Gubin, S.A. Lakhno. M., 2004

23. Syutkina M.A. New simplified procedure for obtaining licenses and other novelties of the licensing legislation / Entrepreneur without a legal entity PBOYUL No. 5 2006

24. G.V. Melnichuk. Administrative responsibility for violation of licensing conditions / Law and Economics No. 2, 2003.

Article 7 of the Federal Law "On Licensing of Certain Types of Activities" dated 08.08.2001 No. 128-FZ

Decree of the Government of the Russian Federation of January 26, 2006. No. 45 "On the organization of licensing of certain types of activities"

Regulation on licensing the production of medicines, approved by the Decree of the Government of the Russian Federation dated 06.07.2006 No. 415.

Article 9 of the Federal Law "On Licensing of Certain Types of Activities" dated 08.08.2001 No. 128-FZ

Syutkina M.A. New simplified procedure for obtaining licenses and other novelties of licensing legislation / Entrepreneur without a legal entity PBOYUL No. 5, 2006

Article 9 of the Federal Law "On Licensing of Certain Types of Activities" dated 08.08.2001 No. 128-FZ

Article 9 of the Federal Law "On Licensing Certain Types of Activities" dated 08.08.2001 No. 128-FZ.

Regulations on licensing tour operator activities, approved by Decree of the Government of the Russian Federation of February 11, 2002 N 9.

Art. 13 of the Federal Law "On Licensing Certain Types of Activities" dated 08.08.2001 No. 128-FZ.

Arbitration Procedure Code of the Russian Federation of July 24, 2002 N 95-FZ.

Korovinskikh S. Criminal liability for illegal business // Russian justice... 2000. N 4.

Business licensing.

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

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 the observance by licensees in the implementation of licensed activities of the relevant licensing requirements and conditions.

The legal basis for licensing business 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 of activities", acts of the constituent entities of the Russian Federation that determine the licensing procedure. In addition, the procedure for licensing specific types of activities is determined by acc. provisions that are 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 bodies of state power, as well as by state bodies of the constituent entities of the Russian Federation, 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 of certain types of activities" approved the list of federal executive bodies carrying 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 control over the licensee's compliance with license requirements and conditions, licensing authorities have the right to conduct inspections of the licensee's activities; request and receive the necessary explanations and information; to draw up reports on the basis of the results of inspections indicating specific violations; make decisions obliging the licensee to eliminate the identified violations, set the 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 be determined only by the Federal Law "On licensing certain types of activities". The introduction of licensing for other types of activities is possible only by making appropriate amendments to this Law.

In order to become a licensee, that is, a person having a license to carry out a specific type of activity, the license applicant submits the following documents to the appropriate licensing authority: 1) Application for a license. 2) A copy of the constituent documents and a certificate of state registration as a legal entity or, respectively, a copy of a certificate of state registration of a citizen as an 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 the consideration of the application by the licensing authority. The new Law provided for a fixed amount of the license fee for considering an application - 300 rubles.

The grounds for refusal to issue a license may be: a) the presence of inaccurate or distorted information in the documents submitted by the license applicant; b) non-compliance of the license applicant, the objects belonging to him or the objects used by him, with the license requirements and conditions. Refusal to issue a license m. appealed by the applicant. The basis for re-issuing a document confirming the existence of a license for a legal entity is its transformation or change of 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 re-issuance is the loss of the document confirming the license. Licensing authorities are empowered to suspend a license in the event that they identify repeated violations or gross violation by the licensee of licensing requirements and conditions. License loses legal entity. force: - in case of liquidation of a legal entity. person or termination of the certificate of state registration of a citizen as an individual entrepreneur; - in case of reorganization of legal entities. persons, excluding transformation. The licensing law also provides grounds for revoking a license.

Two groups of such grounds can be distinguished and the corresponding two procedures for revoking a license. 1) Administratively, that is, by the licensing authority itself without going to court, the license may be canceled if the licensee fails to pay the license fee for granting the license within three months; 2. In court, on the basis of the application of the licensing authority, the license is canceled: - if the violation by the licensee of the license requirements and conditions entailed damage to the rights, legitimate interests, health of citizens, as well as the defense and security of the state-TV, 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.

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

The main principlesimplementation 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 licensing procedure on the territory of the Russian Federation;

Establishing licensing requirements and conditions by provisions 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 mandatory compliance with licensing requirements and conditions, issued by the licensing authority jur. person or individual entrepreneur.

The term of validity of the license cannot be less than five years, and at the end of the term, the possibility of its extension is provided for at the request of the licensee; an unlimited validity of the license may be provided. To become licensee, i.e. by a person holding a license to carry out a specific type of activity, the license seeker sends an application for a license to the appropriate licensing authority, which indicates: the name and legal form of legal entity. person, its location, addresses of the places of implementation of the licensed type of activity that the applicant intends to carry out, the state registration number of the record on the creation of legal entities. 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 the registration of the license applicant with the tax authority; licensed species.

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 from necessary documents. The grounds for refusal to issue a license may be:


Presence of inaccurate or distorted information in the documents submitted by the license applicant;

Inconsistency of the license applicant, objects belonging to him or used by him, license requirements and conditions.

Can be applied simplified procedure licensing subject to the conclusion of a civil liability insurance contract by the license applicant or the licensee, or if the licensee has a certificate of conformity of the licensed activity carried out by him to 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 the grant of a license and the documents attached to it.

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

Licensing authorities are empowered suspend validity of the license in the event of bringing the licensee to administrative responsibility for violation of licensing 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 date of the expiration of the license or the licensing authority makes a decision on early termination of the license on the basis of the licensee's written application for termination of the licensed type of activity submitted to the licensing authority, as well as from the date of entry into the legal force of a court decision to revoke the license.

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.

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

Development of aviation equipment, including dual-use aircraft;

Geodetic activity;

Cartographic activity;

Pharmaceutical activity;

Manufacturing of medicines;

Manufacturing of medical equipment;

Appraisal activity;

Tour operator activity;

Travel agency activities;

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

In order to engage in certain types of entrepreneurial activities, an organization or individual entrepreneur must obtain a license. In this article, we will consider in which cases business licensing is required and what is needed to obtain a license.

Business licensing since 2011

Since 2011, licensing of entrepreneurial activity has been regulated by Federal Law No. 99-FZ dated 04.05.2011 "On Licensing Certain Types of Activities". The list of activities, licenses for which are issued in accordance with Law No. 99-FZ, is contained in Art. 12. On the day of this writing, the list includes 50 types of licensed activities. We will not list all types of activities, but indicate only the most popular of them among entrepreneurs:

  • activities for the installation, maintenance and repair of fire safety equipment for buildings and structures;
  • educational activities;
  • medical activity;

And since May 1, 2015, it has been classified as a licensed activity.

On January 15, 2018, the RF Armed Forces issued a controversial definition, according to which any license is subject to licensing.

Licenses for the right to carry out these types of activities can be issued to organizations and individual entrepreneurs, with the exception of educational activities... Individual entrepreneurs will be able to obtain a license to carry out educational activities after the entry into force of the new federal law "On Education".

In addition, licensing of certain types of activities is regulated not by Law No. 99-FZ, but by other federal laws. In particular, this concerns the so-called "alcoholic" licenses, that is, licenses for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products.

Requirements for the license applicant

In order to obtain a license, an organization or individual entrepreneur must meet a number of requirements. For each individual type of activity, these requirements are different and are specified in the corresponding regulation on licensing, which is approved by the Government of the Russian Federation. Among such requirements may be that the applicant has real estate objects, vehicle, equipment; availability of employees with vocational education, qualifications and work experience. Requirements may also be imposed on the size of the authorized capital of the applicant, the absence of debt to third parties, etc. A complete list of requirements for a license applicant for a certain type of activity is contained in the regulation on licensing this type of activity.

Validity of the license in time and space

Licenses, with some exceptions, in particular in the case of temporary licenses issued in accordance with the law on education, are issued for indefinite term, that is, indefinitely.

An individual entrepreneur or an organization can carry out licensed activities from the day following the day the decision to issue a license is made.

The licensed activity can be carried out by them throughout the territory of Russia, as well as in other territories under the jurisdiction of the Russian Federation. However, there is one nuance here.

As a rule, licenses are issued by federal authorities (FSB, Ministry of Emergencies, Ministry of Internal Affairs, etc.). However, in relation to some types of activity, in particular, medical and educational, the powers to grant licenses have been transferred to the level of the constituent entities of the Russian Federation. Accordingly, regional authorities are involved in licensing business activities in these areas (for example, the Ministry of Health of a constituent entity of the Russian Federation issues licenses for medical activities). The question may arise, will the license issued by the health authority of the Krasnodar Territory, for example, be valid, well, say, in the Samara Region? Yes, it will, but subject to notification of the licensing authorities of the constituent entity of the Russian Federation (in our example, the authorities of the Samara region).

How do I get a license?

To do this, you need to apply to the appropriate licensing authority. The application must contain a number of information, including about the license applicant. A number of documents must be attached to the application: copies of the organization certified by a notary; copies of documents determined by the relevant regulation on licensing business activities; list of attached documents.

It is prohibited to demand other documents, including those confirming the payment of the state fee, from the license applicant.

Consideration of documents and verification of the information submitted by the applicant must be carried out within a period not exceeding 45 working days from the date of receipt of the application. For certain types of activities, this period may be reduced. Based on the results of the consideration of the documents, the licensing body makes a decision on granting a license or on refusal, about which the applicant is notified. The decision to refuse, as well as the inaction of the licensing authority, the applicant can appeal to the court.

These are the basic rules for licensing business. In the following articles, we will consider the requirements and procedures for licensing already in relation to specific types of activities.

In conclusion, do not forget that for illegal entrepreneurial activities without a license or in violation of licensing requirements, administrative liability is established (Article 14.1 of the Administrative Code of the Russian Federation). If, as a result of such activities, damage is caused or income is obtained on a large scale, the entrepreneur may be prosecuted under Art. 171 of the Criminal Code of the Russian Federation.

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