Before you start any business, you should first of all study legislative framework. Knowledge of laws and regulations will allow you to submit all reports in a timely manner and avoid many problems with regulatory authorities.
One of the important aspects of any entrepreneurial activity is licensing. This issue is regulated by Federal Law 129-FZ of 08.08.2001 "On Licensing Certain Types of Activities". It sets out the basic licensing rules.
Licensing is essentially a confirmation of the right of a legal entity or an individual entrepreneur to engage in a particular type of activity. Licensing is subject to those types of activities that can harm the health or life of citizens, their legitimate interests, or the cultural heritage and security of the country.
Getting a license is not very difficult. It is necessary to collect a complete package of documents in a timely manner and submit an application to the appropriate authority. Before obtaining a license, it is necessary to clearly identify for yourself what types of activities will be carried out by a legal entity or an individual entrepreneur.
What is a license for?
In addition to the types of activities for which a license is required, there are those for which only a permit is sufficient. There are also a number of activities that are generally not subject to licensing.
However, if the activity has at least one of these characteristics, a license is most likely required. These include:
- the possibility of causing harm to people, their rights and health;
- possibility of harm environment;
- the possibility of causing harm to the state, defense;
- activities are related to the cultural heritage of the country.
Only after obtaining a license can one begin to engage in such activities.
All types subject to licensing can be conditionally divided into several groups. Because on this moment there are more than five hundred such activities, their classification can help organize this information.
So, the licensed activities include:
- activities related to the processing, issuance and distribution of any means of information protection. The same activities include the production and maintenance of encryption devices, as well as the distribution of these devices or the provision of data protection;
- everything that can be attributed to the field of aviation - design, production, production, maintenance. Actions with military equipment can also be attributed to this area;
- production, sale or maintenance of any type of weapon;
- work with explosive or chemically hazardous substances that can be used as a result of production;
- firefighting activities. In this case, the only exception will be voluntary assistance in extinguishing fires by other organizations;
- maintenance and installation of fire safety equipment in government, commercial or residential premises;
- work with medicines, especially with narcotic and psychotropic substances. This group also includes activities related to the production and maintenance of medical equipment;
- activities related to genetic engineering;
- activities related to the transportation of passengers or cargo by air, water or rail;
- transportation of passengers by car with a capacity of more than eight seats;
- activities related to the disposal or storage of waste hazardous to life or health;
- activities for servicing and organizing gambling, as well as sweepstakes;
- security activities, as well as the activities of private detectives;
- activities related to work with ferrous or non-ferrous metal, its processing, storage, transportation, sale;
- activities related to the employment of citizens outside Russian Federation;
- communication services, work with audio or video products;
- educational activity;
- activities related to space exploration;
- work with cards of national importance; activities related to hydrometeorology;
- carrying out examinations in production;
- work with explosive materials.
In a word, those types of activities are subject to licensing, the results of which may be dangerous to others or cause any harm. In more detail, licensed activities are disclosed in Art. 12 of the Federal Law "On Licensing Certain Types of Activities".
Before starting work, it is necessary to clarify whether the selected type of activity is subject to mandatory licensing.
How to get a license
Depending on the type of activity, the procedure for obtaining a license may differ. So, for some species, you just need to write an application, for others, you need to collect quite impressive packages of documents. For example, to obtain a license to operate pharmaceutical company you need to go through two stages. First of all, a sanitary-epidemiological conclusion is obtained. Only with this certificate can you get a license.
The easiest way to obtain a license is to contact lawyers. They will do everything right and in the shortest possible time.
To date, you can find out information about the list of necessary documents for obtaining a license in many law firms. They can also help with the collection, verification of documents and their delivery to the appropriate authorities. Undoubtedly, this is a paid service. In this case, you should decide what is more profitable - to spend time collecting information and a package of documents or to pay for the services of lawyers.
When obtaining a license yourself, you should contact the licensing authority. Registration certificate must be submitted along with the application. individual as an individual entrepreneur (for individual entrepreneurs), as well as a certificate of registration with the tax authority and a receipt for payment of the license fee. The rest of the list of documents is determined by the type of activity for which the license is obtained.
The legislation regulating the sphere of educational services in Russia has changed significantly in recent years. On the one hand, now training can be carried out not only state institutions, 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 this or that case has acquired particular relevance.
If you need a turnkey educational license without unnecessary bureaucracy, then order its registration from professionals.
Legislative acts defining 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 that currently regulate the field of education. 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 04.05.2011
- Decree of the Government of the Russian Federation No. 966, dated October 28, 2013
The first two of these Federal Laws contain the main provisions governing the provision of educational services. Especially many innovations are contained in the recently adopted Law on Education. It contains an affirmative answer to the topical and topical question of whether an educational license is needed.
Decree No. 966, developed and signed a little later, contains a specific list of services when an educational license is needed, as well as a description of cases when it is not required.
Types of educational services that require a license
The above legislative acts provide for the obligatory obtaining of a license for educational activities if an organization or an individual entrepreneur provides services for preschool, general, vocational, additional professional 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
The type of educational activity that absolutely every person faces. After amendments to federal legislation, such services can be provided by both non-profit and commercial organizations. However, 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 with the training of specialists of the highest category (postgraduate study, internship, residency).
Only educational organizations have the right to engage in vocational education.
Additional professional education
This type of educational service can only be provided by 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-commercial. 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 needed.
Cases where a license for educational activities is not required
Currently, the current legislation provides for only one case when a license for educational activities is not required. It is a situation in which the service is provided personally by an officially registered individual entrepreneur. At the same time, 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 conduct of circles, sections or studios is allowed, carried out by an individual entrepreneur without the involvement of additional specialists.
Prior to the entry into force of Decree No. 966, obtaining a license was not required in cases where, as a result of study, attestation 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 our country, novice entrepreneurs have the right to freely choose the scope of their future activities. However, from the authorities state power Citizens acting in such a capacity are subject to a number of requirements. For the implementation of certain types of business, a special permit is required from 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, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, defense and state security.
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
| Name of the normative act | Characteristic |
| Civil Code of the Russian Federation. | Contains a provision according to which a legal entity can engage in certain types of activities only on the basis of a license (part 3, paragraph 1, article 49). This norm of the Civil Code of the Russian Federation is predetermined by the provisions of the Constitution of the Russian Federation (Articles 8, 34, Part 3 of Article 55) and is fundamental in the system of legal support for licensing business activities. |
| Federal Law of August 8, 2001 No. 128-FZ “On Licensing Certain Types of Activities”. | The main legislative act regulating relations arising between public authorities and business entities in connection with the licensing of certain types of activities. |
| Decree of the Government of the Russian Federation of April 16, 2012 No. 291 "On licensing medical activities" | Governs the granting of licenses for medical activity. |
| The ordinance and federal laws govern pharmaceutical activities. |
| Federal Law “On Banks and Banking Activities” dated December 2, 1990 No. 395-1 (current version of October 4, 2014). | According to this law, a banking license for a credit institution is issued by the Central Bank of the Russian Federation after its state registration. |
| the federal law dated November 22, 1995 No. 171-FZ “On state regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting consumption (drinking) alcoholic products" (as amended and supplemented on November 2, 2013). | Provides that licensing is subject to activities related to the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, with the exception of the purchase of ethyl alcohol, alcoholic and alcohol-containing products (in order to use them as raw materials or auxiliary material in the production of alcoholic, alcohol-containing and other products or for technical or other purposes not related to the production of these products) and the retail sale of alcohol-containing products, which are clearly listed in Art. 18. The said Law defines the procedure for issuing licenses and establishes that the documents submitted by the organization to the licensing authority for obtaining a license are registered and subject to examination by the licensing authority. |
| Law of the Russian Federation of November 27, 1997 No. 4015-1 “On the organization of insurance business in the Russian Federation” (as amended and supplemented on July 21, 2014). | Regulates the issues of licensing the activities of subjects of the insurance business. |
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
| Kind of activity | OKVED codes |
| Production, sale and use of pharmaceuticals and medical equipment, medical care | 46.46, 47.73, 21.20 |
| Educational and educational activities | 85.1–85.42.9 |
| Insurance and customs business | 69.10, 65 |
| Private security companies and detective agencies | 80.1–84.24, 70.90, 80.30 |
| Communication services | 61.10 |
| Manufacture and sale of alcohol | 51.34 |
| Business related to the use of natural resources | 01–09.90 |
| Rail and international cargo transportation | 60.10, 63 |
| Architectural and engineering construction, restoration work | 71.1–71.20.9 |
| Business in the field of international cooperation (travel agencies, tour operators) | 79.11–79.90.32 |
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;
- activities for the organization and conduct of 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 brand name the right holder, production 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 is registered. exclusive rights.
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 the 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 IP receives more than two negative reviews according to the results of the check, the local administrative body 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 different kinds responsibility:
- 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 social 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 Federal Law "On public associations"and paragraph 2, 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.
The main regulatory document that regulates licensing is the Federal Law “On Licensing Certain Types of Activities” No. 99-FZ dated May 04, 2011. Also, the licensing features of each type of activity are established by the provisions approved by the Government of the Russian Federation.
Obtaining a license to carry out licensed activities is a requirement of the law, so the question “why is licensing necessary” is not worth it, because. without obtaining a license, the state will not allow the enterprise to do business.
Let's figure out in which case and how to get a license.
When a license is needed
The list of activities for which licenses are required is strictly defined in paragraph 1 of Art. 12 99-FZ. If the activity is not on the list, then permission is not required for its implementation.
A separate license is provided for each type of activity. which operates throughout the territory of the Russian Federation. You just need to notify the licensing authority of the region where you plan to expand.
The license is valid for an unlimited period, which means that it will not need to be changed, unless the main details of the organization or individual entrepreneur change.
Documents for obtaining a license must be submitted immediately after state registration. Or before starting a licensed activity.
The requirements that an organization must meet in order to obtain a license and carry out activities are established by the regulation on licensing a particular type of activity.
For example, if you decide to enter the medical profession, then in order to obtain a license you must meet the following basic characteristics:
- the premises must be owned or rented;
- there must be medical equipment, devices necessary for the provision of services;
- managers and responsible employees must have a higher medical education, relevant qualifications and work experience of at least 5 years;
- with employees must be concluded employment contracts;
- availability of quality and safety control.
There may also be restrictions on the legal form, for example, an individual entrepreneur cannot obtain a license for the production and sale of alcoholic beverages, licenses are granted exclusively to legal entities.
What documents are needed to obtain a license
The following package of documents must be submitted to the licensing authority:
- application in the prescribed form;
- copies constituent documents organizations certified by a notary;
- necessary documents that may be established by the regulation on licensing a specific type of activity;
- description of attached documents.
The application form is established by the regulation on licensing separate species activities.
Ways to provide documents:
- personally
- by mail with a valuable letter
- by proxy through a representative
It is also possible in in electronic format, With electronic signature. But in practice, this method is now little used.
Where to apply and terms for obtaining a license
Licensing authorities are defined by type of activity in the List approved by Decree of the Government of the Russian Federation of November 21, 2011 N 957. You must contact their regional departments. For example, the Ministry of Emergency Situations licenses activities to ensure fire safety, the Ministry of Internal Affairs - security activities, Roszdravnadzor - pharmaceutical activities.
Within three working days from the date of submission of the application, the licensing authority makes a decision on consideration or return with a reasoned justification for the reasons for the return.
If the application reveals a violation of the requirements or the documents are not presented in full, then within three working days the licensing authority delivers a notice of the need for elimination. You have 30 days to correct.
Within 45 working days from the date of receipt of the application and documents, the completeness and accuracy of the information is checked and a decision is made to grant a license. The decision is drawn up by order (instruction) of the licensing authority. Within 3 working days after signing the license by the licensing authority, it is handed over to the company.
In practice, unfortunately, it is not always possible to meet the deadlines established by law, the licensing authority will probably try to find inconsistencies, which will delay the process of obtaining a license.
Checks
Firms that have received a license to operate are monitored, so the entrepreneur needs to be prepared for scheduled and unscheduled inspections.
Scheduled inspections are carried out on the basis of the approved schedule. For each type of activity, the frequency of inspections is different, the terms vary from one year to three years.
An unscheduled on-site inspection may be scheduled if:
- expired lines of elimination of identified violations of license requirements;
- the licensing authority received appeals, statements about gross violations of licensing requirements;
- expiration of the period for which the license was suspended;
- if the organization asks for an unscheduled on-site inspection by the licensing authority in order to establish the fact of early elimination of violations of the licensing authority;
- by order (instruction) issued by the licensing authority in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation.
In Russia, certain types of business activities require a permit or license to be obtained. In total, the list of licensed activities includes more than five dozen items. The federal legislation approved a complete list (Federal Law of 04.05.2011 N 99-FZ). It includes many services that are often chosen as the main start-up entrepreneurs, representatives of small and medium-sized businesses.
What activities require a license
It is quite common in our country to obtain a license for:
- provision of transportation services for more than eight people by car(not counting the own needs of the legal entity / individual entrepreneur);
- production and sale of author's printing products;
- security and detective work services;
- services for employment of Russians abroad;
- provision of communication services;
- implementation of radio and television broadcasting;
- manipulations related to scrap (non-ferrous and ferrous metals);
- elimination of fires in places where people live, at enterprises and other facilities;
- work with fire safety devices of premises;
- the manufacture of medicines;
- educational services;
- copying of author's works (audio, video), computer programs, information bases, phonograms (the own activity of persons who have related or copyright rights is not considered);
- geodesy/cartography services (federal assignments);
- public health services;
- pharmaceutical activity;
- management of residential multi-apartment facilities;
- surveying work.
In addition, the list includes many types of entrepreneurship that are less common, but also require a license. Among them are work related to the use of ion radiation sources; with an impact on the processes and phenomena of the hydrometeorological and geophysical spheres. To carry out work aimed at preserving the cultural heritage of the country, to carry out an examination on the subject industrial safety a license is also required. As well as for work related to the circulation of industrial explosives, any activity (development, manufacture, sale, testing, storage, repair) with weapons, military equipment and special means(technical) for secretly obtaining data.
In addition, a license is required for:
- Development, manufacture of systems for the technical protection of information of a confidential nature, provision of services for the implementation of protection.
- Manipulations with ammunition and pyrotechnics (fourth and fifth grades).
- Works with chemical weapons(storage, disposal).
- Operation of hazardous facilities (explosive fire and chemical) production, from the first to the third hazard class.
- Turnover of narcotic, psychotropic drugs, cultivation of plants containing narcotic elements.
- Manufacturing/maintenance of equipment used in healthcare.
- Transport services in the water and sea space (transportation of passengers, dangerous goods by specialized transport).
- Carrying out work on the transportation of people and goods by air.
- Provision of services for the transportation of passengers and goods by rail.
- Carry out loading and unloading of dangerous goods in seaports and on railway.
- Towing sea transport.
- Manipulations with waste from the first to the fourth hazard classes.
- Carrying out and organizing gambling.
There is also another list. Only these requirements are prescribed not in the law on licensing, but in other regulatory legal acts:
- in the nuclear power industry;
- production and sale of strong alcohol;
- lending;
- protection of state secrets;
- bidding;
- work in the market valuable papers;
- clearing activity;
- provision of insurance services;
- space industry.
The list shows that in most cases licensing is required for activities related to large volumes of financial resources. Small and medium-sized businesses rarely choose any of the industries listed in the last list for their work. An exception is, perhaps, the sale of strong alcohol.
Which OKVED correspond to the licensed types of activities
There are differences between licensed activities and codes OKVED classifier, which must be specified for /legal entity. In some cases, the types of activities are 100% identical to the codes of the OKVED classifier. For example, activities for the manufacture of medicines have the OKVED code 21.20, and passenger transportation services by rail 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 registered 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 a legal entity, difficulties arise with the selection of the OKVED classifier code for the licensed line of business. In case of difficulties, you can contact a specialized organization that provides consulting services. Experts will help you choose the right OKVED codes for registration, so that subsequently an individual entrepreneur or legal entity can provide the full range of services.
Where to get a license
If the type of activity requires a license, then it is unacceptable to start work before obtaining a special permit. This is a violation of federal law, which is punishable by fines, seizure of property, materials, equipment and other types of punishment, up to criminal. News licensed activity only individual entrepreneurs and legal entities have the right. persons with special paper-permission.
The issuance of the document necessary for work is carried out by state structures (depending on the profile of the licensed activity. For example, the provision of services in the education industry is regulated by Rosobrnadzor, transportation of people by Rostransnadzor. You can get permission for security activities at the Ministry of Internal Affairs. obtaining a license from Roszdravnadzor and Rosselkhoznadzor Permission for the retail sale of alcohol is issued by Rosalkogolregulirovanie In the regions, you should contact the territorial divisions of the authorized bodies.
Read also: FSB and FSTEC licenses - legislation and requirements for obtaining
What do you need to get a license
Before starting to conduct a particular type of activity, it should be clarified whether the chosen organizational and legal form allows it to be carried out. The fact is that some types of activities for which a license is needed can be carried out exclusively legal entities. For example, individual entrepreneurs do not have the right to retail strong alcohol. They are only allowed to sell beer. The IP form does not allow you to conduct credit activities or work in the field of insurance.
How much does a license cost
The cost of obtaining a license is regulated by the Tax Code of the Russian Federation. The document specifies the amount of the state duty for obtaining the document. It is set at around 7,500 rubles for any type of activity, except for:
- banking (duty is 0.1% authorized capital, but not more than five hundred thousand rubles);
- associated with the circulation of alcohol by retail (duty - 65 thousand rubles for each year, while the permit is valid);
- production, storage, purchase and supply of ethyl alcohol and alcoholic products (from eight hundred thousand rubles to nine and a half million rubles);
- control apartment buildings(Three ten thousand rubles).
You will have to pay the fee only once for the entire term of the license (except for alcohol-related). In most cases, permits are issued indefinitely, the duration of its validity has no restrictions. But in some cases, a limit mark is still set. For example, an “alcohol” license is not issued for longer than five years.
Please note that once a license is denied, the fee is non-refundable.
Required documents for obtaining
To obtain the right to conduct one or another licensed activity, it will be necessary to prepare and then send to the authority authorized to issue a package of documents. One of the main ones on this list is an application written in the approved form. It is spelled out in the regulation on licensing each specific type of activity. You will need to provide copies of all constituent documents. Please note that they must be notarized, otherwise the papers will not be accepted. Separately, a list of documents that may be required to obtain a license for a specific type of activity is formed. The presence or absence of such can be found in the regulation on licensing in the body authorized for issuance.
How to get a license
Submit a package of documents to state structure authorized to issue licenses, you can personally. Another option that the law allows is mailing in a valuable letter. A representative who has a power of attorney can present the papers. It is allowed to send a package of documents in electronic form, if all of them are certified by an electronic signature.
Within 3 working days after sending the application, the body authorized to issue licenses decides whether to accept the papers or return them (motivation indicating the reasons must be attached). If the collected package of documents is incomplete or illiterately prepared, the application is not written in compliance with all conditions, then within three days (working) the applicant will receive a notification about the need to eliminate violations. 30 is given to correct defects calendar days.
If the package of documents was correct and complete, then the licensing authority is given 45 days to consider it. At this time, the veracity, accuracy and completeness of the information provided is checked. Then, within five days (working days), a decision is made to grant a license. It is issued through an order (order). Three days after the signing of the license, it is handed over to the applicant.
Alcohol license
The circulation of alcohol within Russia is regulated by law. This process is monitored by Rosalkogolregulirovanie. The same structure is responsible for issuing licenses for alcohol-related activities in the country.
When it comes to the turnover of products in which> 15 percent. ethyl alcohol, an appropriate license is required. Moreover, we are talking about food products, non-food products (perfumes, paints, etc.) do not fall under these requirements.
They share licenses for the sale of alcohol-containing products wholesale and retail. The cost of a retail license is 7.5 thousand rubles. Wholesale of products (own) will cost 9.5 million rubles, wine - 800 thousand rubles. The license for the wholesale sale of products purchased on the side was estimated at the same amount. All amounts are indicated for a license for a period of one year.
The minimum amount of the authorized capital of a legal entity applying for a license to sell alcohol by retail should be ten thousand (in the capital - one million rubles). For wholesale - from 10 million rubles.
One of the conditions for obtaining a permit is the availability of premises that meet certain requirements. If we are talking about a cafe where alcohol will be sold, then its area should be more than fifty square meters. The object must be stationary, not temporary. Mandatory availability of water supply and disposal, electricity and heating. The place of sale of alcohol should be located more than 100 m from the institutions of sports, education and medicine.
To obtain a license, you will need to submit a package of constituent documents, papers for premises (ownership / rent), as well as the conclusion of Rospotrebnadzor. Copies of floor plans will be required. In addition, you will need to provide originals: a document on the compliance of the premises with fire safety standards and a certificate of the absence of tax debts and other papers. A complete list can be found in the bodies of Rosalkogolregulirovanie.
