Translated from Latin, the word “license” means “permission”. In a broad sense, this term means a documented and legally binding permission to engage in any activity. The main type of activity that requires a license is entrepreneurship.
A complete list of business areas that require a license is given in the Federal Law “On Licensing”, adopted in 2011. On this moment it includes 50 titles. In addition, obtaining official permission is required to hunt certain species of animals or fish. In patent law, licensing involves obtaining permission from the copyright holder to use the invention. Let's try to take a closer look at all these aspects.
Business license
The law lists 50 types of activities that require licensing. This law spells out the basic and general rules, the issuance of a permit for a particular type of activity is stipulated in more detail in additional acts that have the force of law. According to the rating, the most popular licensed types of business are as follows:
- passenger commercial transportation. A permit is required if the vehicle is intended to transport 9 or more people;
- installation and maintenance of fire alarm and fire extinguishing systems;
- production and sales medicines;
- medical services;
- activities in the field of education.
For the first four of the listed types of activities, both an organization and a private person (in the form of an individual entrepreneur) can obtain a permit. Only a legal entity (organization) has the right to conduct educational activities. There are certain types of business that are regulated by special legislation. These include, for example, production and sales alcoholic drinks, drinking alcohol and products containing it.
Requirements for applicants
To obtain permission to engage in one of the licensed activities, you must meet a number of requirements. By-laws define these requirements for applicants. For example, to obtain permission to provide medical services to the population, you must:
- have appropriate premises at your disposal. It can be either owned or leased;
- have all the necessary tools, medical equipment and equipment necessary for the quality provision of services;
- managers and employees must have a higher specialized education and work experience of at least 5 years;
- to have in stock employment contracts with employees and monitoring the quality and safety of the services provided.
General documents required for submission to the licensing authority are an application, photocopies constituent documents, documents confirming the presence of everything necessary equipment to carry out this type of activity. You can submit a package of documents either in person or by sending it by registered mail or with the help of an official representative (lawyer, courier). Recently, it has become possible to send documents via e-mail with certification of authenticity electronic signature However, this form is not yet very common.
Within three days, the relevant authority decides whether it will consider this application or not. The reason for refusal must be indicated in writing. The established time frame for consideration of the application is 45 days. In case of a negative answer or delay in consideration, the applicant has the right to go to court.
Validity
In most cases, a business permit is issued for an indefinite period, that is, it does not indicate the period for its termination. The exception is when temporary permits are obtained, specified by a special provision. The license may also be terminated automatically due to the restructuring of the enterprise. An individual or legal entity has the right to begin activities the very next day after receiving a license.
Who issues in 2018-2019
The authorities authorized to issue such licenses depend on the type of activity of the entrepreneur. A complete list of them with distribution by “areas of responsibility” is given in Decree of the Russian Government No. 957. For example, the Ministry of Emergency Situations is authorized to issue permits for work related to the installation or maintenance of fire protection systems. The Ministry of Internal Affairs issues permits for private security activities. Roszdravnadzor – for those wishing to start a business in the pharmaceutical field.
However, there is one inconvenient nuance. The fact is that regional authorities are authorized to issue licenses for some types of business. And as a result, such a permit will not be valid on the territory of another subject of the federation. The way out of this situation is to contact the local licensing authority with a request to officially notify their colleagues from another region about the validity of the issued permit. After receiving a license, an entrepreneur does not need to rest on his laurels, hoping that it is unlimited. An organization that has received the go-ahead from the licensing authority is constantly monitored.
So the entrepreneur must be prepared for constant checks of the relevant supervisory authorities- both planned and unplanned. If your license is revoked, continue commercial activities this direction is prohibited by law. In this case, the businessman faces administrative liability. And if his activities lead to harm to the client’s health, and he does not have permission to engage in business, then the case already falls under a criminal article.
License agreement
Licenses can be issued not only by government agencies, but even by private individuals. This provision applies in Patent Law. This agreement, at its core, is an instrument for the protection of intellectual property. According to the license agreement, the copyright holder undertakes to transfer to the other party (licensee) the right to use his intellectual property. Such an agreement specifies all the nuances - duration, the right to transfer use to third parties, etc. Consequently, such an agreement can be applied to copyright, patent or other similar rights. Failure to comply with the contract results in civil or criminal liability, depending on the severity of the damage caused.
At the same time, the form of concluding such an agreement is of two types - documentary and “wrapping”. The first type is to comply with all the rules provided by law. Violations in its execution may cause the license agreement to be invalidated. Another form of its conclusion, which has the strange name “wrapping”, is the text of the contract placed on the packaging or wrapper.
By purchasing this item, the buyer automatically joins the contract. This applies, as a rule, to all kinds of operating programs for computers, computer games and other products high technology. And the terms of the contract mainly include a ban on distributing this product to other potential users.
Hunting or fishing license
Such a license is issued by the departments of hunting or fishing. There are three types:
- long-term. Only a legal entity (organization) receives it;
- administrative. Also applies only to organizations;
- personal This type of hunting license can be issued to both an organization and an individual, indicating his passport details.
A license means written permission to carry out a certain activity. A comprehensive list of types of business that require a license is given in the Federal Law “On Licensing”. In addition to businessmen, fishermen and hunters should also obtain written permission to catch certain fish or animals. The term licensing is also mentioned in patent law, here it means the permission of the copyright holder to use his invention.
Types of businesses subject to licensing
Class certain business only possible with written permission. In 2016, the following types of business are subject to licensing:
It should be noted that some areas of business, for example, educational activities, can only be carried out by legal entities. Certain types of business that are subject to licensing are regulated by special regulations. These include the production and sale of alcoholic beverages.
What requirements must the applicant meet?
A license is issued on the basis of an application from an interested person. Copies of constituent documents must be attached to the application. The specific list of required documents depends on the type of activity that the applicant plans to engage in and is determined by a number of legislative acts. So, to obtain permission to open medical institution The following documents are required:
- confirming the right of ownership or temporary use of the premises of the future center;
- employment contracts with employees with specialized education and work experience of at least five years;
- documents confirming the presence necessary tools, equipment and technology.
The package of documents can be submitted to the licensing authority in person or sent by registered mail. Also now the application can be sent by e-mail, certifying the authenticity of the documents with an electronic signature.
The licensing authority is given forty-five days to study the package of documents submitted by the applicant. The decision to issue a permit or refuse is made within three days after completion of the verification of the applicant’s compliance with the licensing conditions. In any case, it is formalized by a written order signed by the manager.
Within three days after the relevant decision is made, it is sent to the applicant by registered mail. If the issue was resolved positively, then a license is attached to it. Refusal to issue a permit must be motivated and contain references to the documents that served as the basis for making such a decision.
Advice! If the licensing authority violates the specified deadlines or, in the opinion of the applicant, illegally refused to issue a permit, then the applicant has the right to challenge its actions in court.
License validity period
Licenses issued in the field of entrepreneurship, as a rule, are unlimited. Sometimes temporary permits are issued, which clearly indicate the period of their validity. The company has the right to begin relevant activities the very next day after receiving permits.
If the enterprise has been reorganized, the permit automatically loses its validity. In this case, the applicant will have to re-register. The issuance of a new document is also required when the entrepreneur changes his data.
Attention! The license covers the entire territory of the country. But if it was issued by the regional structure of the relevant institution, then the permit will no longer have legal force within another subject of the Federation. In this case, the organization must obtain written confirmation from the licensing authority of the validity of the issued permits.
Where to apply to obtain a license
There is no single licensing body. Applications are reviewed by several institutions, the list of which is presented in the Decree. Russian government No. 957. The choice of institution is determined by the direction of activity that the applicant plans to engage in. Thus, a license to open a detective agency is issued by the Ministry of Internal Affairs, and an entrepreneur interested in opening a pharmacy kiosk must obtain permission from Roszdravnadzor.
It should be noted that activities carried out on the basis of a license are strictly controlled by the state. Therefore, a businessman needs to be prepared to carry out both planned and unscheduled inspections. And if serious violations are revealed, the license is withdrawn, and the enterprise no longer has the right to engage in relevant activities.
About licensing: video
Licensed activities in 2018 | List by OKVED codes
What types of activities are subject to licensing in 2018? Here is a list.
It is not always possible to immediately begin real activities. Some areas of business require special permission from the state - a license for a specific area. The license confirms that the licensee has the necessary technical base and qualified personnel to carry out the chosen direction.
The basic law, which specifies the licensed types of activities of 2018, is Law No. 99-FZ of 05/04/2011. But besides this, there is also a list of laws, each of which regulates a separate licensed line of business.
| Law number (No.-ФЗ) | Areas subject to licensing |
| 171 from 11/22/1995 | Production and circulation of alcohol |
| 7 from 02/07/2011 | Clearing activities |
| 4015-1 dated November 27, 1992 | Insurance activities |
| 395-1 from 02.12.1990 | Activities of credit institutions |
| 325 from 11/21/2011 | Bidding |
| 75 from 05/07/1998 | Activities of non-state pension funds |
| 39 from 04/22/1996 | Professional activity in the market valuable papers |
| 5663-1 dated 08/20/1993 | Space activities |
| 5485-1 dated 07/21/1993 | Protection of state secrets |
| 170 from 11/21/1995 | Activities in nuclear energy |
In addition to these federal laws, which include a list of activities subject to licensing, there are by-laws at the level of Government resolutions. They indicate licensing requirements, without which a permit will not be issued.
Licensing individual species activities entrusted to authorized government agencies. You can find out which structure is responsible for issuing the permit you need from Government Decree No. 957 of November 21, 2011. Thus, an educational license is issued by Rosobrnadzor, for medical and pharmaceutical activities - by Roszdravnadzor, and for transportation - by Rostransnadzor.
In 2018, work without such permission, if necessary, is punishable in accordance with the articles of the Code of Administrative Offenses of the Russian Federation:
- Article 14.1 - a fine of 4 to 5 thousand rubles per manager and from 40 to 50 thousand rubles for the organization itself (with possible confiscation of products, production tools and raw materials);
- Article 14.1.2 (special norm for activities in the field of transport) - 50 thousand rubles for a manager and 400 thousand rubles for an LLC;
- Article 14.1.3 (for management apartment buildings) – from 50 to 100 thousand rubles per official and from 150 to 250 thousand rubles per legal entity;
- Article 14.1.3 (conducting gambling) - from 30 to 50 thousand rubles per manager and from 500 thousand to 1 million rubles per organization with confiscation of gaming equipment.
The sanctions are quite serious, so it’s worth figuring out whether licensing for legal entities is required in your case.
What types of activities require permission?
And now specifically - what areas are subject to licensing in 2018? In the table above we have already indicated licensed types of activities, each of which is regulated by a separate law.
But the largest list of business areas for which a license is required is given in Law No. 99-FZ of 05/04/2011. There are 51 items in total, but some of them can be combined into one direction:
- Activities in the field of information and telecommunication systems, encryption tools.
- Activities related to special technical means designed to secretly obtain information, as well as to identify it.
- Development and production of means for protecting confidential information, activities to protect confidential information.
- Production and sale of counterfeit-proof printed products.
- Production, testing, repair of aircraft.
- Activities related to weapons, ammunition, military equipment.
- Operation of fire and explosion hazardous and chemically hazardous production facilities.
- Fire fighting, installation, maintenance, repair of fire safety equipment.
- Production of medicines and medical equipment.
- Trafficking in narcotic and psychotropic substances.
- Activities in the field of use of infectious disease agents and GMOs.
- Transportation of passengers and cargo by road, rail, water, sea, air transport.
- Loading and unloading activities and towing of vehicles.
- Collection, transportation, neutralization of waste of I - IV hazard classes.
- Organization and conduct of gambling.
- Private security and detective activities.
- Procurement, storage, processing, sale of scrap metal.
- Employment Russian citizens outside the Russian Federation.
- Communication services, television and radio broadcasting.
- Production of copies of audiovisual works, computer programs, databases, phonograms on any media.
- Use of sources of ionizing radiation.
- Educational activities.
- Geodetic and cartographic activities, surveying work.
- Activities in the field of hydrometeorology and geophysics.
- Medical and pharmaceutical activities.
- Preservation of cultural heritage sites.
- Expertise industrial safety.
- Activities related to explosive materials for industrial use.
- Management of apartment buildings.
OKVED codes for obtaining a license
When registering a company with limited liability the applicant indicates in form P11001 what types of activities according to OKVED codes he will carry out. In 2018, digital codes must comply All-Russian Classifier OKVED-2.
Select during registration legal entity You can have an unlimited number of OKVED codes, and you can add them later. Is it necessary to obtain permission after indicating the licensed type of activity in applications R11001 (R13001, R14001) and the Unified State Register of Legal Entities?
The mere indication of OKVED codes that correspond to one of the licensed types of activity does not oblige you to obtain permission if in reality you have not started this business.
However, there is some risk that inspectors will try to fine the company if it is engaged in some similar area. The problem is that the description of the licensed line of business and its characteristics in the OKVED Classifier do not always coincide.
For example, OKVED does not contain the term “confidential information” or “information protection”, while Law No. 99-FZ of 05/04/2011 contains four licensed types of activities in this area. But in the Classifier there are completely different directions:
- Computer development software (62.01)
- Advisory activities and work in the field of computer technology (62.02)
- Data processing activities, provision of information hosting services and related activities (63.11).
When carrying out real activities using these OKVED codes, you may or may not have access to confidential information. In such ambiguous cases, only licensing authorities will be able to answer the question of whether an LLC needs a license after analyzing the specific situation. It is advisable that the received response from the department be given in writing, which will to some extent protect against a possible fine.
If we talk about types of activities that do not raise doubts about the need for their licensing, then it is impossible to name one OKVED code that fully characterizes the licensed line of business.
For example, pharmaceutical activities for which a license must be obtained include the manufacture of drugs, their storage, transportation, dispensing, as well as wholesale and retail trade medicines.
In OKVED-2 we will find the following codes corresponding to pharmaceutical activities:
- 21.20 - production of medicines and materials used for medical purposes;
- 46.46 - wholesale trade in pharmaceutical products;
- 47.73 - retail sale of medicines in specialized stores.
The same analysis and selection of codes should be carried out for other licensed areas. You can do this yourself or seek help from registrar lawyers. In some cases, their consultations on the selection of OKVED codes are
The legislation regulating the sphere of educational services in Russia has changed quite significantly in recent years. On the one hand, now training can be carried out not only government agencies, but also commercial organizations On the other hand, compulsory licensing of any such activity was introduced. That is why the question of whether an educational license is needed in a particular case has become particularly relevant.
If you need a turnkey educational license without unnecessary bureaucracy, then order its registration from professionals.
Legislative acts determining the need for an educational license
Before considering the types of services when a license for educational activities is needed, it is necessary to list the main legislative acts regulating the field of education at present. These include:
- Law “On Education in the Russian Federation” No. 273-FZ, issued on December 29, 2012
- Law “On Licensing...” No. 99-FZ, signed on May 4, 2011
- Decree of the Government of the Russian Federation No. 966, dated October 28, 2013
The first two mentioned Federal Laws contain the main provisions regulating the provision of educational services. The recently adopted Law on Education contains especially many innovations. It contains an affirmative answer to the current and burning question of whether an educational license is needed.
Developed and signed somewhat later, Resolution No. 966 contains a specific list of services when an educational license is needed, as well as a description of cases when obtaining one is not required.
Types of educational services that require a license to provide
The above legislative acts provide for the mandatory receipt of a license for educational activities if an organization or individual entrepreneur provides services in preschool, general, professional, additional vocational education or vocational training. For a more accurate idea of the specific types of educational activities that are subject to licensing, each of them should be considered separately.
Preschool and secondary general education
A type of educational activity that absolutely every person encounters. After changes are made to federal legislation, such services can be provided by both non-profit and commercial organizations. At the same time, they are required to obtain a license.
Professional education
One of the most common types of educational services. It includes four levels:
- secondary vocational;
- higher education with a bachelor's degree;
- higher education with a master's or specialist's degree;
- higher education with the training of specialists of the highest category (postgraduate studies, internship, residency).
Only educational organizations have the right to provide vocational education.
Additional professional education
This type of educational services can only be provided non-profit organizations. There are two main types educational programs, the purpose of which is:
- training;
- professional retraining.
Professional education
Educational services for vocational training can also be provided by any organization, both commercial and non-profit. There are three types of programs:
- training of workers by profession, employees by position;
- retraining of workers and employees;
- advanced training of workers and employees.
The types of services listed above contain an almost complete list of situations when a license for educational activities is required.
Cases when a license for educational activities is not required
Currently, current legislation provides for only one case when a license for educational activities is not required. It represents a situation in which the service is provided personally by an officially registered individual entrepreneur. However, he cannot hire other specialists, working only independently. Examples of such activities are the services of a tutor, a private teacher with the necessary work experience and education. Also, without a license, personal running of clubs, sections or studios is allowed, carried out by an individual entrepreneur without the involvement of additional specialists.
Before the entry into force of Resolution No. 966, obtaining a license was not required in cases where, as a result of study, certification was not carried out and a final document on the education received was not issued. Examples of such situations are trainings, seminars or lectures. Last changes led to the fact that this activity can be carried out without a license, but this is due to the fact that it is not educational. By new classification Such services are classified as cultural or leisure.
In Russia for the management of certain species entrepreneurial activity it is necessary to obtain the appropriate permit or license. In total, the list of licensed activities includes over five dozen items. Federal legislation has approved a complete list (Federal Law dated May 4, 2011 N 99-FZ). It includes many services that are often chosen as the main ones by beginning entrepreneurs and representatives of small and medium-sized businesses.
What types of activities require a license?
It is quite common in our country to obtain a license for:
- providing transportation services for more than eight people by car(not counting the own needs of the legal entity/individual entrepreneur);
- production and sale of original printed products;
- security and detective services;
- services for finding jobs for Russians abroad;
- provision of communication services;
- implementation of radio and television broadcasting;
- manipulations related to scrap (non-ferrous and ferrous metals);
- extinguishing fires in places where people live, at enterprises and other facilities;
- work with fire safety devices in premises;
- manufacturing of medicines;
- educational services;
- copying of copyright works (audio, video), computer programs, information databases, phonograms (the own activities of persons who have related or copyright rights are not considered);
- geodesy/cartography services (federal work);
- services in the field of public health;
- pharmaceutical activities;
- management of residential multi-apartment facilities;
- surveying work.
In addition, the list includes many types of business that are less widespread, but also require a license. These include work involving the use of ion radiation sources; with impact on the processes and phenomena of the hydrometeorological and geophysical spheres. A license is also required to carry out work aimed at preserving the country’s cultural heritage sites and carrying out industrial safety assessments. As well as work related to the handling of industrial explosives, any activity (development, production, sale, testing, storage, repair) with weapons, military equipment and special means(technical) for secretly obtaining data.
In addition, a license is required for:
- Development and production of technical protection systems for confidential information, provision of protection services.
- Manipulations with ammunition and pyrotechnics (grades four and five).
- Works with chemical weapons(storage, disposal).
- Operation of hazardous facilities (explosion, fire and chemical) production, from the first to the third hazard class.
- Trafficking in narcotic and psychotropic drugs, growing plants containing narcotic elements.
- Manufacturing/maintenance of equipment used in healthcare.
- Transport services on water and sea (transportation of passengers, dangerous goods by specialized transport).
- Perform work related to the air transportation of people and cargo.
- Providing services for the transportation of passengers and goods by rail.
- Carrying out work on loading and unloading dangerous goods in sea ports and on railway.
- Towing by sea transport.
- Manipulations with waste from the first to fourth hazard classes.
- Conducting and organizing gambling.
There is another list. Only the specified requirements are prescribed not in the licensing law, but in other regulatory legal acts:
- in the nuclear energy industry;
- production and sale of strong alcohol;
- lending;
- protection of state secrets;
- holding auctions;
- work on the securities market;
- clearing activities;
- provision of insurance services;
- space industry.
The list shows that in most cases, licensing is required for activities involving large volumes of financial resources. Small and medium-sized businessmen rarely choose any of the industries listed in the latest list for their work. The only exception is the sale of strong alcohol.
Which OKVED codes correspond to licensed types of activities?
There are differences between licensed activities and codes OKVED classifier, which must be indicated for the legal entity. In some cases, the types of activities coincide 100% with the OKVED classifier codes. For example, the activity of manufacturing medicines has an OKVED code of 21.20, and services for transporting passengers by rail has a code of 49.10.
In contrast, activities related to the pharmaceutical industry, which also require a license, correspond to a number of classifier codes. For example, code 46.46 is prescribed for the wholesale sale of drugs, 47.73 for the retail sale of drugs in pharmacies, 21.20 for the manufacture of drugs. That is why, when registering an individual entrepreneur or legal entity, difficulties arise in selecting the OKVED classifier code for the licensed line of business. If difficulties arise, you can contact a specialized organization that provides consulting services. Experts will help you choose wisely OKVED codes for registration, so that subsequently an individual entrepreneur or legal entity can provide a full range of services.
Where to get a license
If the type of activity requires a license, then starting work before receiving a special permit is unacceptable. This is a violation of federal law, which is punishable by fines, confiscation of property, materials, equipment and other types of punishment, including criminal penalties. Only individual entrepreneurs and legal entities have the right to conduct licensed activities. persons with special permission paper.
They issue documents necessary for work government agencies(depending on the profile of the licensed activity. For example, the provision of services in the education sector is regulated by Rosobrnadzor, issues of transportation of people are regulated by Rostransnadzor. You can obtain a permit for security activities from the Ministry of Internal Affairs. You can engage in medical and pharmaceutical activities, or the manufacture of medicines after obtaining a license from Roszdravnadzor and Rosselkhoznadzor. Permit on retail sales Alcohol is issued by Rosalkogolregulirovanie. In the regions, you should contact the territorial divisions of the authorized bodies.
