License for production activity. A license is a permission that gives certain rights.

Licensableactivities are lines of business, the implementation of which requires obtaining a license. The list of types of activities subject to licensing is specified in the relevant regulations. What activities need to be licensed and how this procedure is carried out in practice, we will describe below.

List of activities subject to licensing under OKVED in 2015

To date, there are a huge number of business lines: some have long been widespread and widespread, while others are only gaining popularity and being mastered by "pioneers". Be that as it may, the most significant and important activities for the state and society should be carried out only after obtaining a license. Therefore, before talking about how to get one, you should know what activity needs to be licensed in without fail.

Licensing in our country is carried out on the basis of Law No. 99-FZ “On Licensing certain types activities” dated 04.05.2011. According to the provisions of Art. 12 of the above law, the list of types of activities subject to licensing includes:

1. Development, production and sale of information tools or systems aimed at encrypting any kind of information. An exception to this paragraph is the means or systems intended only for personal or domestic needs of individuals. or legal persons. At the same time, this item includes the design and manufacture of means of protecting confidential information and activities for the technical protection of such.
2. Development, manufacture, sale and acquisition for the purpose of subsequent sale of tools and systems that are aimed at secretly obtaining information, as well as activities aimed at identifying such tools and systems.
3. Manufacture and sale of printed products that are protected from counterfeiting.
4. Aircraft industry (including design, construction, testing and repair work technology of this kind).
5. Manufacturing military equipment, weapons (including chemical), ammunition and pyrotechnics. This item also includes the design, testing, storage, installation, maintenance, sale and disposal of such products.
6. Activities related to work at chemically hazardous and explosive facilities, as well as fire fighting at industrial facilities or infrastructure facilities, installation/repair/maintenance of equipment aimed at ensuring fire safety in buildings and structures.
7. Manufacturing medicines and funds, honey. equipment (except for cases when such equipment is manufactured for own needs), narcotic and psychotropic drugs, pharmaceuticals, as well as activities directly related to the use of pathogens of an infectious nature and organisms that are genetically modified.
8. Transportation activities water transport(including maritime) passengers/cargo posing a danger, and loading and unloading operations in relation to such cargo in water bodies.
9. Activities related to the transportation of passengers / cargo by air (except when it is aimed at meeting the personal needs of an individual or legal entity).
10. Activities for the carriage of passengers or dangerous goods by rail, or related to the loading and unloading of goods on rail that are dangerous.
11. Towing by sea.
12. Waste handling/transportation/storage/disposal activities.
13. Activities related to the organization and implementation of gambling in bookmakers and sweepstakes.
14. Private activities for protection and investigation (detective activity).
15. Acquisition / storage / sale / processing of scrap metal (both ferrous and non-ferrous).
16. Activities for the employment of Russians outside our country.
17. Communication services, radio and television broadcasting, as well as activities related to the production of phonograms and audio recordings.
18. Activities related to the use of sources of ionizing radiation.
19. Educational activity.
20. Cartographic / geodetic works of national or intersectoral significance.
21. Carrying out survey work.
22. Activities related to the active impact on the processes / phenomena of the hydrometeorological plan, as well as other activities related to hydrometeorology or related to it.
23. Medical activity.
24. Expert activity in the field of security industrial safety as well as activity. associated with the circulation of explosives created and used for the needs of industry.
25. Activities aimed at preserving architectural monuments/cultural heritage.
26. Management of multi-apartment residential buildings, etc.

Types of medical activities subject to licensing in 2016

I would like to dwell on the licensed types of medical activities in more detail. This is due to the fact that the legislator regulates in some detail the procedure for obtaining a license in this industry, since it is the state that is the guarantor of the constitutional right of a citizen to health care. This is manifested not only in the fact that free medical services provided in public institutions health care, but also authorized bodies are inspection and control organizations in relation to all enterprises that treat citizens.

According to the provisions of Law No. 99-FZ, the following types of medical activities are subject to licensing:

1. Pharmaceutical activity.
2. Any other medical activity(does not apply to private organizations involved in medical work in the territory of Skolkovo).
3. Production of medical equipment (with the exception of cases of production for the personal needs of an entrepreneur or legal entity).

How to get a license?

So, we figured out when it is necessary to obtain a license. Now we will discuss such a question as obtaining this document.

In order to obtain a license, an organization or an individual entrepreneur must submit a package of documents specified by law to a specialized licensing authority. This set may differ depending on what kind of activity is licensed in a particular case. In its most general form, the list looks like this:

1. Application for a license. The requirements for such a document are set out in Part 1 of Art. 13 of the Federal Law "On Licensing Certain Types of Activities". According to the norms of this article, it should indicate the name of the company / organization, TIN, PSRN (OGRIP), the type of activity subject to licensing, details of the documents confirming the payment of the state duty and necessary for licensing a specific activity.
2. Copies of papers that are identified as necessary for obtaining a license to carry out a certain type of activity.
3. List of documents attached to the application.

It should be noted that an application indicating the type of activity subject to licensing must be signed by the head of the legal entity. person or other person authorized to perform such actions. You can submit it and the documents attached to it in electronic form(provided that the document is certified by an electronic signature).

Within 3 days from the date of receipt by the licensing authority, the documents must be considered, after which a decision is sent to the applicant to accept the documents submitted by him for consideration or a reasoned refusal to do so. Refusal may follow as a result of non-compliance of the application with the requirements established by law, or the provision of an incomplete set required for licensing. In both cases, 30 days are given to eliminate the violations identified during the audit. If during this time they are not eliminated, the application, along with the rest of the documents, is returned by the licensing authority to the applicant.

The licensing authority has 45 days to consider the papers submitted by the applicant. During this period, the submitted set of documentation is checked for completeness and reliability. Based on the results of the audit, the licensing authority must decide whether to issue a license or to refuse it. This decision must be properly executed (order or order). Not later than 3 days from the date of its adoption and the issuance of the relevant order / order, the applicant must be handed (or sent by registered mail with notification) a license, or a reasoned refusal to issue one with references to regulatory acts that served as the basis for accepting a negative solutions.

Re-issuance of the received document may be required only if the licensee's data changes (they may relate to the legal form, company / organization name, full name, location, details of the document designed to confirm the identity of a citizen who is an entrepreneur, etc.), as well as in in the event of a change in the types of activities, i.e. the list of works / services carried out (rendered) by the licensee.

Types of activities subject to licensing - 2017 according to OKVED,represented by several dozen positions. In what sources of law are they fixed? How can you find compliance with them in OKVED and why is this needed?

Why do you need to know which OKVED correspond to licensed activities

Strictly speaking, the presence of OKVED codes in a company that correlates with the licensed activity, in general, is not a condition for obtaining a license. In applications for a license, as a rule, only the type of activity in essence is required (or this is implied by the very structure of the application). What the company has prescribed OKVED codes, licensing authorities may or may not check.

But this criterion is important from the point of view of subsequent checks. If a licensed OKVED is registered in the Unified State Register of Legal Entities of a company, but it does not have a corresponding permit document, then during the state audit the company may be fined on the basis that, for one reason or another, the inspectors consider that the organization is actually engaged in a licensed type of activity.

Thus, in the interests of a legal entity that does not plan to engage in licensed activities, ensure that there are no OKVED license codes in your entry in the Unified State Register of Legal Entities.

The easiest way to identify them is to compare the current types of activities according to OKVED that are in the Unified State Register of Legal Entities or that the company is going to enter into the Unified State Register of Legal Entities (for example, after state registration), with the types of activities subject to licensing, focusing on their nature.

To do this, it will be useful to familiarize yourself with the list of licensed activities in the Russian Federation.

Read the article about the negative consequences for the taxpayer of unreliable data in the Unified State Register of Legal Entities. .

What types of business activities are licensed in the Russian Federation

In accordance with paragraph 1 of Art. 12 of the Law "On Licensing ..." dated 04.05.2011 No. 99-FZ, obtaining a license is mandatory for the implementation of 49 types of activities (out of 51 points given in the text of the law, 2 have become invalid). Conventionally, they can be classified into the following main groups:

1. Production, sale of software for information security, provision of services in this area.
2. Production and sale of technical means for secretly obtaining information.
3. Release of printing products, which are protected from counterfeiting.
4. Release of aviation equipment.
5. Production, sale, maintenance of weapons, military equipment, ammunition.
6. Storage and destruction of chemical weapons, waste.
7. Carrying out operations at chemically hazardous, as well as fire and explosion hazardous industrial facilities as part of the circulation of explosives.
8. Fire safety activities.
9. Production and maintenance of medical equipment.
10. Implementation of the legal circulation of narcotic drugs.
11. Activities of laboratories for the study of microorganisms (infectious, genetically modified).
12. Provision of services for the transportation of passengers, delivery of goods by various modes of transport.
13. Provision of services for the loading and unloading of dangerous goods on various types transport.
14. Provision of towing services by sea transport.
15. Organization of gambling.
16. Activities of security, detective services.
17. Processing and sale of scrap metal.
18. Employment of citizens of the Russian Federation abroad.
19. Provision of telecommunication services, organization of broadcasting.
20. Making copies of intellectual property objects on various media.
21. Working with radiation sources.
22. Provision of educational services.
23. Performance of geodetic, cartographic, surveying works.
24. Activities in the field of hydrometeorology.
25. Activities in the field of medicine, pharmaceuticals.
26. Activities for the preservation of cultural heritage sites created by the peoples of the Russian Federation.
27. Provision of services for the examination of industrial safety.
28. Management on a commercial basis of apartment buildings.

The task of the business owner is to compare the current OKVED with those established for activities that are more or less similar to the licensed activities listed above.

To do this, you need to refer to the original source - OKVED classifier. The nuance is that there are several of them in the Russian Federation. Which one should be contacted?

Which OKVED should the company use

Until 2017, there were 3 lists of OKVED codes in the Russian Federation:

• OK 029-2001;
• OK 029-2007;
• OK 029-2014.

The first OKVED was introduced on November 6, 2001 instead of such classifiers as OKONKh and OKDP, which are not used today in legal relations related to obtaining a license.

Classifier OK 029-2007 was introduced on 01/01/2008, but its entry into force, firstly, did not cancel legal force OK 029-2001, and secondly, its effect began to apply to a narrow circle of legal relations, mainly related to the collection of economic statistics.

Classifier OK 029-2014 from 01/31/2014 is used as the current source of OKVED. From 07/11/2016, it began to be used to reflect the corresponding codes in the Unified State Register of Legal Entities and the EGRIP when registering legal entities and individual entrepreneurs (letter of the Federal Tax Service of Russia dated 06.24.2016 No. GD-4-14 / [email protected]). Since the beginning of 2017, this classifier has become the only one operating on the territory of the Russian Federation. All other similar directories have been canceled (Order of Rosstandart dated January 31, 2014 No. 14-st).

Thus, in 2017, it is necessary to look for compliance of the licensed types of activities with those types of activities that are registered in the classifier OK 029-2014.

It should be noted that along with referring to the primary source - the OKVED classifier - the use of the provisions of the Decree of the Government of the Russian Federation of July 16, 2009 No. 584 can provide significant assistance in solving the problem under consideration. It contains lists of activities that businesses must notify the state about, and many of them (for example, Information Technology, work with explosives) are the same as licensed ones. At the same time, for them, in Decree No. 584, OKVED codes are also indicated.

Therefore, to compare current activities with licensed ones, you can also use the list recorded in Decree No. 584.

But without referring to the official OKVED classifier is often indispensable. We will study the nuances of its use.

How to compare the OKVED code with the licensed activity

In the structure of the OK 029-2014 list, activities are combined into sections and within each of the sections are divided into classes, subclasses, groups, subgroups and types. Sections are marked in Latin letters, and each of the smaller registers has a numeric designation.

From a set of digital designations of registers, separated by dots, the OKVED code is formed. Searching for a code corresponding to a certain type of activity in the classifier is quite simple, since it is based on its correlation with the name of a certain section and, in descending order, with the name of each smaller register.

Let's consider several examples of finding the correspondence of OKVED codes to licensed activities.

In accordance with sub. 1. p. 1 art. 12 of Law No. 99-FZ, a license is needed for the release and sale of cryptographic information security tools. OKVED OK 029-2014 does not contain the terms "cryptography", "encryption". But on the other hand, there is class 26 “Manufacture of computers, electronic and optical products”, which also includes such activities as the production of information security tools, the creation of information and telecommunication systems protected using information security tools. In this class, group 26.20 "Manufacture of computers and peripheral equipment" is distinguished, containing subgroup 26.20.4, which includes activities for the production of information security tools, as well as information and telecommunication systems protected using information security tools. This gives reason to recognize this species activities licensed.

To a sufficient extent, close compliance with OKVED codes has activities for detecting devices that are designed to covertly receive data. This activity is licensed in accordance with sub. 3 p. 1 art. 12 of Law No. 99-FZ. This is the group code 80.20 "Security systems activities", allocated in class 80 "Security and investigation activities".

In the case of sub. 8 p. 1 art. 12 of Law No. 99-FZ licenses the development and sale of military equipment. In this case, it is legitimate to talk about the correlation with it of several OKVED codes at once according to the OK 029-2014 list. Namely:

• 25.40 (for activities for the production of weapons and ammunition);
• 30.11 (construction of ships, including military ships);
• 30.30 (release of aircraft);
• 20.51 (manufacture of explosives);
• 84.22 (activities in the field of military security).

Thus, comparing OKVED codes and licensed types of activities is a completely solvable issue, even taking into account the fact that in the structure of the OK 029-2014 list, the codes do not always obviously correspond to those types of activities that are fixed in the provisions of Law No. 99-FZ. Many OKVED at least do not contradict the specifics of the economic segment to which the licensed type of activity belongs. And this may become a reason for classifying the type of activity of a taxpayer who has chosen such OKVED as licensed.

Results

Kinds economic activity in the Russian Federation, requiring a license, are established by the provisions of clause 1. Art. 12 of Law No. 99-FZ. A taxpayer who is not going to engage in such types of activities, during initial registration or making adjustments to registration data, should avoid the appearance in the Unified State Register of Legal Entities of OKVED codes corresponding to licensed types of activities, otherwise a fine may be issued during the check for the lack of a license.

It is necessary to compare licensed types of activities with those types for which codes are defined in the OK 029-2014 list.

Commercial activities are carried out in strict accordance with the law. many kinds entrepreneurial activity require special documentation of various types of permits confirming the legality and legitimacy of the business. Such a document is a license that is issued to commercial entities to work in specially controlled types of business activities.

What types of IP require a license

They are designed in strict accordance with the requirements government agencies responsible for issuing licenses. If the type of activity that an entrepreneur is engaged in is included in the list for which a license is needed, he must obtain it. Therefore, IP licensing is also required to pass if necessary. To do this, a list of requirements is established, subject to which the implementation of legal, medical and other norms will be ensured. This will make the activities of the IP consistent with the quality and safety standards determined by the legislative framework.

Constant improvement of legislation has significantly reduced the number of activities that need to be licensed. Until 2002, there was a practically uncontrolled process of the emergence of special permits and licenses covering several dozen types of activities. But then every year their number decreased significantly. This has had a positive effect on the development of small businesses.

At the same time, some areas of activity are undergoing significant changes due to new requirements introduced by regulatory authorities. For example, until 2008 individual entrepreneurs had the right to engage in veterinary activities, but after some drugs were recognized as narcotic substances, compulsory licensing was introduced, under which only LLCs could obtain a license. This led to the departure of a large number of individual entrepreneurs from veterinary medicine or they had to be re-registered in other legal forms.

Therefore, when asking whether a license is needed for an individual entrepreneur, one must take into account the occupation and scope commercial activities carried out by the entrepreneur. Currently, under the current legislation, there are restrictions for individual entrepreneurs in obtaining licenses. For example, they cannot do:

Find out how to get a license for taxi services without registering an individual entrepreneur:

• sale alcoholic products and its production
• designing equipment for the armed forces;
• engage in the production of military equipment;
• sale, purchase and production of poisons and drugs, as well as certain types of medicines.

It should be clear for an entrepreneur what he will do when doing business from the moment he decides to register an individual entrepreneur. Therefore, it is important to choose the right types of activity and clearly understand whether it falls under licensing or not. It is sometimes difficult to understand the ups and downs of legislation and various departmental decrees on your own, so it is advisable to contact numerous organizations involved in the preparation of documents for obtaining a license. This will, of course, increase the cost significantly. But they will more than pay off due to the lack of problems on the part of law enforcement agencies. Indeed, for violation of the rules for the implementation of licensed activities, not only administrative liability, but also criminal liability may arise.

What are the requirements for obtaining a license

For each type of activity that falls under compulsory licensing, individual rules for granting licenses have been adopted. To obtain it, you must fulfill the requirements for organizing a business, paperwork, as well as for the designer himself or the head of the business.

Find out how to get a license to sell alcohol:

For example, if an entrepreneur decides to engage in the provision of dental services or opens a pharmacy, the requirements will not be limited to checking compliance with the rules for equipping the premises, technical equipment and organization of work. It will be necessary to provide information on the availability of appropriate education and the necessary qualifications of the employees hired. In this case, it is good if the entrepreneur himself has a medical education. For the licensing commission, this will be considered an indisputable plus. Of course, the presence of a specialized education in an entrepreneur is not mandatory requirement, but it will play its positive role.

Choosing a field of activity where IP licensing will be necessary condition to run a business, you need to prepare everything in advance Required documents and fulfill the requirements for the premises in accordance with established rules. As noted earlier, numerous specialists can help with this. But it should be borne in mind that any activity related to obtaining a license is under the close attention of regulatory authorities. Therefore, the implementation of internal control must be approached with all responsibility in order to avoid violations and, as a result, economic losses due to fines.

In our country, there are a lot of specialized areas, which only a limited circle of persons who have received special permission have the right to engage in. These permits are called licenses and are granted by the relevant government authorities. The number of such bodies is large, and one of them is responsible for each separate direction. If you are planning to open own business in one of these profiles, you need to know about the procedure for obtaining a permit and the types of activities subject to licensing under OKVED 2016.

There is one feature that characterizes such directions. In most cases, employment in this area is associated with serious financial costs. For example, lending, insurance, banking - all these activities are subject to mandatory licensing and cannot be carried out without special permits. Otherwise, the entrepreneur will face serious penalties up to the arrest or confiscation of property involved in the business, and even criminal prosecution. Therefore, you need to take care of the competent registration of your enterprise or individual entrepreneurship in advance.

Let's say right away that for the most part these areas are associated with a narrow specialization, and professional mistakes entail serious consequences, up to a threat. human life. Therefore, many licensed activities require high level qualifications of the performer, significant material and technological base, safety measures and modern tools to perform the tasks. Hence the need for powerful financial support.

However, there are a number of areas that do not need a lot of capital and can be implemented even by small entrepreneurs. These include:

• Trade in beer.
• Passenger transportation in the presence of more than 8 people.
• Cargo transportation by road.
• Development software specific profile, etc.

That is, every person who has experience and knowledge in the above areas can open their own enterprise or individual entrepreneur, obtain a license and do what they love, increasing their material level and prosperity through professional skills.

However, there are also types licensed activities, which are not available to the entrepreneur, but are allowed to indicate exclusively legal entities. For example, any trade in alcohol, with the exception of beer, is the privilege of enterprises. Insurance and lending are also the prerogative of organizations. And if you try to declare such OKVED codes as individual, the registration authority will definitely refuse to open you.

Other profile directions

There are also more highly specialized activities that require special training of personnel and the availability of a material base. In particular, they include the production and distribution of medicines, medical equipment, medicines, the entire field of pharmaceuticals and pharmacology. Health care institutions are also included in the list of objects subject to obtaining licenses.

Almost all military areas are subject to the issuance of permits without fail. Development and sale of small arms and edged weapons, military equipment, uniforms and special ammunition, military vehicles - this is just an incomplete list.

The scope of transportation by water and air is allowed only to companies with a license. Therefore, if you plan to ride people on a sightseeing boat, you should take care of obtaining the appropriate document confirming the legality of your idea.

Data protection

In our country, intellectual property, developments and internal information of firms, enterprises, factories, etc. are very scrupulous. Therefore, in the spaces Russian Federation there are a large number of organizations engaged in the manufacture and sale of special software for protection. So, these guys are also required to obtain a license for their activities.

There is also a downside. There are companies whose activities are entirely focused on the production of means of obtaining information in a covert way - bugs, repeaters, microphones, miniature cameras, recording devices, media, etc. And, of course, this activity tightly controlled by the state through licensing.

Waste and dangerous goods

Due to the serious deterioration of the environmental situation around the world, governments of various countries are actively engaged in regulating the activities of organizations that collect, transport and dispose of waste of various degrees of danger. In Russia, companies working with chemical, biological and radioactive waste must obtain permits from several authorities at once.

The same situation is observed in the field of transportation and temporary storage of dangerous goods - chemicals, fuels, oil products, gases, etc. So if your goal is to work in this environment, take care of the proper execution of the necessary documents.