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Licensing of 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 of Activities”, acts of the constituent entities of the Russian Federation that determine the procedure for licensing. In addition, the procedure for licensing specific types of activities 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) A copy of the constituent documents and a certificate of state registration as a legal entity or, accordingly, a copy of a 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. The new Law provided for a fixed license fee for consideration of an 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 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 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.

Currently, the legal regulation of licensing business activities is carried out in accordance with the Federal Law of August 8, 2002 No. 128-FZ “On Licensing Certain Types of Activities”, Decree of the Government of the Russian Federation of February 11, 2002 No. 135 “On Licensing Certain Types of Activities” , as well as regulations on licensing each of the types of activities approved by the Government of the Russian Federation.

Under licensed understand 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 to a legal entity or individual entrepreneur.

Licensing is a set of measures related to the issuance of licenses, reissuance of documents confirming the availability of licenses, suspension, 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 license requirements and conditions, maintenance of registers of licenses.

The list of licensed activities is contained in paragraph 1 of Art. 17 federal law"On Licensing Certain Types of Activities". Activities not mentioned in this list do not need to be licensed, with the exception of the types of activities that are named in paragraph 2 of Art. 1 of the Federal Law "On Licensing Certain Types of Activities" (educational, notarial, exchange, insurance activities, activities of credit organizations; activities related to the protection of state secrets, etc.). These types of activities are subject to licensing in accordance with special legislation.

The legislation contains several licensing rules.

Firstly, the type of activity permitted by the license can be carried out by the licensee throughout Russia, regardless of whether it is issued by a federal executive body or executive body subject of the Russian Federation. However, in cases where the license is issued by a body of a subject of the Russian Federation, the implementation of the licensed type of activity on the territory of other subjects of the Russian Federation is possible only after the licensee notifies the licensing authorities of the relevant subjects of the Russian Federation. Notification shall be made by the licensee in writing no later than the moment when he directly proceeds with the implementation of the licensed activity. The notice contains the following information:

a) name, legal form and location - for a legal entity;

b) last name, first name, patronymic, place of residence, details of an identity document - for individual entrepreneurs;

c) licensed activity;

d) number, period of validity of the license and the name of the licensing authority that issued it;

e) taxpayer identification number of the licensee;

f) the location of the licensed activity on the territory of the relevant subject of the Russian Federation;

g) the date of the proposed commencement of the licensed activity in the territory of the relevant subject of the Russian Federation.

Upon receipt of the notification, the licensing authority sends (gives) to the licensee a receipt for receiving the notification with a note on the date of receipt of the notification.

Secondly, a license grants the right to carry out the type of activity specified in it only to an economic entity that has received a license, that is, a license is not subject to transfer to another person, except in cases of succession during the transformation of a legal entity.

Thirdly, a license is issued for a certain term- at least 5 years. Regulations on licensing specific types of activities may also provide for the perpetual validity of the license. The validity period of the license upon its expiration may be extended at the request of the licensee.

The licensing process includes the following: stages.

1. Submission to the relevant licensing authority of the necessary documents. 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 sends or submits to the appropriate licensing authority license application, which specifies:

Full and (if any) abbreviated name, including company name, and organizational and legal form of the legal entity, its location, addresses of the places of the licensed type of activity that the applicant intends to carry out, state registration number of the entry on the creation of the legal entity and 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;

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 the state registration of the 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 which the license applicant intends to carry out.

Attached to the license application are the following: the documents:

Copies of constituent documents (with the presentation of 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 specific type of activity and which indicate that the license applicant has the ability to fulfill license requirements and conditions, including documents whose presence in the implementation of a licensed type of activity is provided for by federal laws (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 forty-five 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. Notice to the license applicant of the decision granting or refusing to grant a license.

A notice of refusal to grant a license shall be sent (delivered) 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 fulfilling 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.

A notice of the grant of a license shall be sent (delivered) to the license applicant in writing, indicating the details of the bank account and the deadline for paying the license fee for granting the license.

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 free of charge document confirming the existence of a license, which specifies:

1) the name of the licensing body;

2) 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, state registration number of the entry on the creation of the legal entity;

3) last name, first name and (if any) patronymic of an individual entrepreneur, his place of residence, addresses of 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 state registration of an individual entrepreneur;

4) licensed type of activity (indicating the work performed and services rendered);

5) validity period of the license;

6) taxpayer identification number;

7) license number;

8) the date of the decision to grant a license.

Licensing authorities have the right suspend the validity of a license in the event that the licensing authorities reveal repeated violations or gross violations by the licensee of license requirements and conditions.

The licensing authority is obliged to set a period for the licensee to eliminate the violations that led to the suspension of the license, which may not exceed six months. If the licensee has not eliminated the violations within the prescribed period, the licensing authority is obliged to apply to the court with an application to cancel the license.

The licensee is obliged to notify the licensing authority in writing of the elimination of the violations that led to the suspension of the license. The licensing authority that has suspended the license shall make a decision to renew it and notify the licensee in writing within three days after receiving the relevant notice and verifying that the licensee has eliminated the violations that led to the suspension of the license.

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

Cancellation licenses are possible:

a) out of court. Licensing authorities may revoke a license without going to court if the licensee fails to pay the state fee for granting a license within three months.

b) in a judicial proceeding, that is, by a court decision on the basis of an application from the licensing authority in the event that the violation by the licensee of licensing requirements and conditions entailed damage to the rights, legitimate interests, health of citizens, defense and security of the state, cultural heritage of peoples Russian Federation and (or) in the event that the licensee has not eliminated the violations in connection with which the license was suspended within the prescribed period. Simultaneously with filing an application with the court, the licensing authority has the right to suspend the said license for a period until the court decision comes into force.

The decision to suspend the license, to cancel the license or to send an application for the cancellation of the license to the court shall be communicated by the licensing authority to the licensee in writing with a reasoned justification for such a decision no later than three days after its adoption.

The decision to suspend the validity of a license and to annul a license may be appealed in accordance with the procedure established by the legislation of the Russian Federation.

License loses its validity in case of liquidation of a legal entity or termination of its activities as a result of reorganization, with the exception of its transformation, or termination of the certificate of state registration of a citizen as an individual entrepreneur.

1. Formulate the concepts of "license", "licensing".

2. What legal acts currently regulate relations related to licensing?

3. What is the procedure for licensing?

4. Name the grounds and describe the procedure for suspension and cancellation of a license.

5. In what cases is the licensing authority entitled to refuse to issue a license?

http://ivtrikotaj.ru/catalog/peignoirs nightgowns and sets.

In our country, novice entrepreneurs have the right to freely choose the scope of their future activities. However, on the part of public authorities, a number of requirements are imposed on citizens acting in this capacity. For the implementation of certain types of entrepreneurship, a special permit is required from the authorized bodies. This applies to those areas that are directly related to the risk to life and health of people. It is worth dwelling in more detail on what the licensing procedure is, for what types of activities it is mandatory and what is the procedure for obtaining this document.

Licensing of certain types of entrepreneurial activity

Certain types of business activities in our country are subject to special licensing. This means that an entrepreneur has the right to carry out such activities only after obtaining a permit (license) issued by authorized authorities.

A license is a special document that gives the applicant the right to engage in a specific type of activity.

From the foregoing, we can conclude that licensing is the provision of licenses to business entities. However, this is not the only function of the licensing authorities.

The sale of alcohol is one of the activities subject to mandatory licensing.

Licensing is also associated with such actions:

• re-issuance of documents confirming the availability of licenses;
• suspension of licenses in case of violation by entrepreneurs of license requirements and conditions;
• renewal or termination of licenses;
• cancellation of licenses;
• control of licensing authorities over compliance by entrepreneurs with relevant licensing requirements and conditions;
• maintenance of registers of licenses;
• providing interested persons with information from license registers and other information on licensing.

Licensing of certain types of activities is carried out in order to prevent damage to the rights, legitimate interests, life and health of citizens, environment, objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, defense and security of the state.

The procedure for licensing certain types of activities is regulated by a number of legal acts.

Table: main documents regulating licensing in the Russian Federation

The list of documents regulating licensing in our country is not limited to the one presented above. As a rule, each type of activity has its own set of legal acts, which the entrepreneur is guided by.

Business Licensing Bodies

The issuance of licenses is carried out by the executive authorities of the constituent entities of Russia or local governments responsible for the area of ​​activity subject to licensing.

Table: list of licensing authorities

Rosselkhoznadzor and Roszdravnadzor are responsible for issuing licenses in the field of medical and pharmaceutical activities.

Types of activities subject to licensing

An exhaustive list of such activities is presented. Consider the most common types of licensed business activities.

Table: list of activities for which a license is required

One of the most common activities subject to licensing is the provision of educational services.

Video: Licensing all types of waste management activities

The procedure for obtaining an IP license

Obtaining a license for a certain type of entrepreneurial activity requires the applicant to meet certain requirements. Depending on the status of a legal entity or individual entrepreneur, as well as the type of its entrepreneurial activity, the rules for obtaining may vary.

In most licensing cases, the license applicant must meet the following specific requirement or set of requirements. For example:

• own real estate, vehicles, equipment, etc.;
• maintain an active working headquarters;
• have professional education, work experience, etc.;
• have capital.

It should be taken into account that some activities are prohibited for individual entrepreneurship. This applies to:

• banking operations when creating a bank;
• activities for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products;
• works in the field of the use of atomic energy;
• organizing and conducting gambling in bookmakers and sweepstakes.

If a citizen is registered as an individual entrepreneur and meets the requirements put forward, he can proceed to obtain a license. The process can be schematically represented as an instruction.

Application for a license

At the first stage, the entrepreneur writes an application with a request to provide him with a license for the type of activity he has chosen. Sample application for a license to retail sale alcohol.

In the application, the IP indicates data of this kind:

• personal data of the entrepreneur (passport data);
• contact information (phone number, email address);
• main state registration number (OGRIP);
• taxpayer identification number (TIN);
• details of the document confirming the fact of payment of the state duty for granting a license;
• type of activity indicating the work performed, services.

The application for a license must indicate the identification number of the taxpayer

Collection of documents

• passports;
• photocopies of the certificate of state registration of IP;
• a notarized copy of the TIN or the original TIN and an uncertified copy;
• license applications;
• data on the qualifications of employees (if required).

It should be borne in mind that the list of documents can be expanded. Therefore, it is better to clarify in advance which documents are required in this case.

The certificate of state registration of an individual entrepreneur is one of the documents provided by a citizen to the licensing authority

Payment of state duty

Then the individual entrepreneur pays the state fee for consideration by the licensing authority of his application and attaches a receipt of payment to the package of documents. The amount of the state duty will depend on the specific type of activity. As a rule, the state duty is charged in the amount of 7500 rubles, but in some cases the license is more expensive.

Submission of documents to the licensing authority

All documentation is accepted by the licensing authority according to the inventory, the copies of which are marked with the date of acceptance.

A copy of the inventory with a mark on the date of receipt is handed over to the applicant or transferred to him in the manner in which the documents were received

Within three working days, the licensing authority decides whether to consider the application or return it if the documents do not meet the requirements (for example, they are not provided in full). If a decision is made to return the application, the applicant will be notified of the need to correct violations within 30 days.

Notification of the need to eliminate the identified violations is sent to the entrepreneur by registered mail or in the form of an electronic document.

Receipt of the finished document

After the application for a license is accepted, a decision is made to issue a license within 45 working days. The final decision is issued by order of the licensing authority. The license will be issued within 3 working days after its signing and registration.

The decision to issue the required document is made only if the licensee meets all the requirements put forward.

In case of refusal, the entrepreneur has the right to appeal such a decision in court.

It should be borne in mind that a license for the right to conduct certain activities is issued to a specific individual entrepreneur. The law does not provide for the right to transfer it to another person.

In case of loss of the form, the businessman has the right to apply to the local administrative authority with a request for a duplicate.

Comprehensive business license agreement: concept, meaning, legal features

A complex business agreement (franchising) is the provision by one party (the company selling its franchise) to the other party (the franchise buyer) of a set of rights.

Such rights are granted for a fee. They include the right to use the trade name of the copyright holder, trade secrets, as well as other intellectual property objects (trademark, service mark, etc.). The franchise agreement must also be registered. It is registered in the same body where the owner of exclusive rights is registered.

The right holder of a complex of exclusive rights is obliged:

• ensure the transfer to the user of the entire range of exclusive rights under the contract, instruct the user on the implementation of rights, provide other information necessary for the implementation of these rights;
• ensure registration of the franchise agreement;
• provide the user with ongoing assistance in the use of the exclusive rights transferred under the contract, including assistance in training and advanced training of personnel;
• control the quality of goods produced, work performed and services provided by the user on the basis of a franchise agreement.

The user of such rights is obliged:

• use the complex of exclusive rights received by him in strict accordance with the terms of the contract;
• pay the right holder the remuneration stipulated by the contract;
• produce goods, perform work, provide services of the same reliability and similar quality, as everything is done directly by the copyright holder;
• provide buyers (customers) with all the same services that would be expected directly from the right holder;
• not to allow the transfer of the received objects of exclusive rights to other persons without the consent of the copyright holder.

The contract in question is terminated as a result of the expiration of its validity period. Early termination is also possible by mutual agreement of the parties.

The complex business license agreement is terminated unilaterally in the following cases:

• non-fulfillment by one of the parties of the terms of the contract;
• termination of the right holder's rights to the registered name, trademark etc.;
• changes in the company name and other exclusive rights belonging to the copyright holder (in this case, the user's unilateral refusal to execute the contract applies);
• conclusion of an agreement without specifying a period (termination of the agreement in such a situation may follow from the counterparty at any time);
• non-fulfillment by the right holder of his obligations to update technologies, train personnel, etc.;
• non-compliance with the rules for the preservation of trade secrets, the requirements for the protection of the intellectual property of the copyright holder;
• untimely payment of remuneration by the user;
• declaring the copyright holder or user bankrupt.

Validity of the license in time and territory

In most cases, a license is issued for an unlimited period, i.e., it is an indefinite document. However, in some cases, there is a restriction on the validity of licenses.

Examples of validity limits by type of activity:

• for audit activities - 5 years;
• on retail alcoholic products - from 1 to 5 years;
• for work with state secrets - up to 5 years at the request of the applicant;
• for the provision of communication services - from 3 to 25 years;
• for passenger transportation within the Russian Federation - 5 years (at the first application);
• to carry and store weapons - 5 years.

The validity of the license upon its expiration may be extended at the request of the entrepreneur.

An individual entrepreneur has the right to start carrying out his activities from the next day after the approval of the issuance of a license for him. Entrepreneurial activity can be carried out throughout Russia, regardless of the place of its issue, as well as in places of jurisdiction of the Russian Federation.

It should be borne in mind that the activities covered by licensing are checked by regulatory authorities.

Depending on the type of licenses, state structures conduct IP inspections with varying intensity. Checks are based on the appeal of individuals or legal entities on the facts of possible violations in the work of a businessman. Based on the materials of the audit, an appropriate act is drawn up.

If within 1 calendar year the IP receives more than two negative reviews based on the results of the audit, the local regulatory authority has the right to cancel the issued license.

The license is suspended by the licensing authority in the following cases:

• violation of licensing requirements and conditions that create a direct threat to the life or health of citizens;
• non-compliance by the entrepreneur with the instructions of the licensing authority to eliminate the identified violations;
• failure to submit an application for reissuing a license or issuing a duplicate license to replace the lost one within the prescribed period.

Information on the suspension of a license shall be entered in the register of licenses.

The license is renewed after the entrepreneur fulfills all the instructions by decision of the licensing authority from the day:

• following the day of expiration of the term for the execution of the newly issued order;
• following the day of signing the act of verification, establishing the fact of early execution of the newly issued order.

Information about the renewal of a license is also entered in the register of licenses. If the established requirements have not been met, the authorized body makes a decision to cancel the license.

Responsibility for carrying out activities without a license

For carrying out activities without a license, the legislation provides for various types of liability:

• penalties (for citizens in the amount of two thousand to two thousand five hundred rubles);
• confiscation of illegally obtained income;
• deprivation of the right to engage in certain activities;
• participation in public works for a period of 180 to 240 hours;
• arrest for a period of 4 to 6 months;
• imprisonment for up to 3 years.

Entrepreneurs for lack of licenses may be subject not only to administrative liability, but also to criminal

Tax implications should also be taken into account. The application of tax benefits is impossible if there is no license to conduct the type of activity subject to licensing.

If we talk about liability, an example is the judicial act of August 1, 2006 in case No. 3–2/06, according to which the Arkhangelsk Regional public organization"Spiritual revival of the northerners" was subject to liquidation. This organization, using methods of psychological and psychotherapeutic influence during lectures and meditations, carried out medical activities without having an appropriate license. Thus, Art. 17 of the Federal Law "On Licensing Certain Types of Activities". Conducting mass meditations for the purpose of physical and spiritual recovery is a violation of Part 6 of Art. 57 "Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens", which prohibits mass healing sessions. These violations of the law are gross, which, in accordance with Art. 44 of the Federal Law "On public associations" and paragraph 2 of part 2 of Art. 61 of the Civil Code of the Russian Federation serve as the basis for the liquidation of the organization.

The licensing procedure combines a set of actions related to the provision, suspension, renewal, cancellation of licenses and re-issuance of documents confirming their existence. This is a type of state control aimed at protecting the rights and interests of citizens, their health and morality, as well as national security. For the implementation of certain types of entrepreneurship, obtaining a permit is considered mandatory, while the absence of a license leads to administrative and criminal liability.

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 legislation, newly created business organizations and individual entrepreneurs are required to obtain a special permit-license to carry out certain types of activities. 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 specific 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 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 license applicant's application with all 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 the decision taken 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 an independent examination, 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 compliance by the licensee with the license requirements and conditions, may suspend the license in the event that: licensing authorities, state supervisory and control authorities, other authorities within their competence detect violations by the licensee of license requirements and conditions that may entail damage rights, legitimate interests, morality and health of citizens, as well as the defense of the country and the security of the state; 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.

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 of the licensed type of activity that the applicant intends to carry out, state registration number of the entry on the creation of the legal entity and 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;

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 the state registration of the 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 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 specific type of activity and which indicate that the license applicant has the ability to fulfill license requirements and conditions, including documents whose presence in the implementation of a licensed type of activity is provided for by federal laws (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 the license; in the event of a 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 fulfilling 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 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, 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.

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