Features of licensing of entrepreneurial activity. Coursework: Licensing of Certain Types of Business Activities Types of Business Licenses

An organization or individual entrepreneur can work in Russia only after state registration v tax authority.

In the process of registering a new business, you need to take into account that some types of work and services require a special permit - a license. How is it drawn up and what types entrepreneurial activity require licensing, we will discuss further.

What works and services need to be licensed?

A license is required for such activities that may damage the legitimate interests and rights, life and health of the population of the Russian Federation, as well as the defense and security of the country, its ecology and cultural heritage.

The list of works and services for which permission is required is quite impressive and changes frequently. It is contained in Art. 12 of the Federal Law of 04.05.2011 No. 99-FZ "On licensing certain types activities ":

production of pharmaceuticals;
transportation of passengers and goods by water, rail or air;
passengers by road, with a capacity of more than 8 people;
private security and detective (detective) activities;
communication services, television and radio broadcasting;

This is an exhaustive list of licensed activities. Works and services not included in this list do not require a special permit.

The law clearly defines the types of activities that require a license.

Which persons are allowed to engage in certain types of activities specified in Law 99-FZ?

Organizations of different types have the right to obtain permission. legal form and individual entrepreneurs. Ordinary citizens are not allowed to perform work and provide services listed in the law. Therefore, without registering an individual entrepreneur or legal entity, a license cannot be issued.

Only individual entrepreneurs and organizations can obtain a license.

Requirements for applicants for a license

Organizations and individual entrepreneurs wishing to obtain a license for any type of activity must meet certain requirements. They are listed in Art. 8 of Law No. 99-FZ:

the availability of real estate, equipment and technical means necessary to carry out the declared types of activities (owned or leased);
availability of full-time employees with suitable education, qualifications and work experience in the specialty;
availability of a production control system at the enterprise;
correspondence organizational form business requirements of the law. This rule is not relevant for all jobs. An example is alcohol production activities that can only be carried out by organizations.

The list of requirements can be expanded, since each type of work and service has its own legislative provision that describes the nuances of obtaining a license.

Each licensed type of activity has its own list of requirements.

The procedure for licensing certain types of entrepreneurial activity

The algorithm for obtaining a license can be divided into three main stages:

Collection and submission of documents to the licensing authority

To find out where to apply for a license in each specific case, you need to look at the Decree of the Government of the Russian Federation of November 21, 2011 No. 957 "On the organization of licensing of certain types of activities." It lists all instances.

Consideration of the application and making a decision

After the transfer of the package of documents to the licensing authority, its employees begin to check the information. The term for consideration of documents depends on the type of license and is usually 45-60 days. If everything complies with the law, a decision is made to issue a license. If there are violations, the license is refused.

Applicant notification

In case of a positive decision, a notice is sent to the applicant indicating the account details and the deadline for paying the license fee.

A negative answer is also sent in writing to the applicant. The document states the reasons for the refusal and references to the applicable law.

The licensing authority must notify you in writing of the decision.

The validity period of the permit directly depends on the type of activity for which it is issued. The minimum period is 3 years, unless the applicant has indicated a shorter period. The license is renewed at the request of its owner. Permit document relevant throughout the territory of the Russian Federation.

Documents for licensing certain types of entrepreneurial activity

You will need to collect and submit the following papers to the licensing authority:

application for a license;
constituent documents of the organization or certificate of registration of the individual entrepreneur (copies);
TIN (copy);
documents confirming your compliance with the requirements of Law No. 99-FZ;
a receipt for payment of the state duty;
list of submitted documents;
power of attorney for a representative, if another person acts on your behalf.

The list of documents depends on the type of licensed activity and can be expanded.

Documents can be submitted in three ways:

bring to the licensing authority in person;
send by mail by registered mail with a list of attachments and a return receipt;
via the Internet - in the format electronic document signed by EDS.

If the employees of the licensing authority found errors in your application, or you did not attach all the papers, you will be notified of this within 3 days from the date of submission of the documents. It is necessary to eliminate the violation within a month. Remember that with each re-submission of documents, you will have to pay the state fee again.

The size of the state fee for the provision of a license is 7,500 rubles.

Reasons for refusal to issue a license

The grounds for refusal to issue a license may be:

the information specified in the applicant's documents does not correspond to reality;
the candidate does not meet the requirements of Law No. 99-FZ;
the previously issued license was revoked (applies to the types of activities listed in paragraph 38 of article 12 of Law No. 99-FZ).

Wrongful refusal can be challenged in court. The same can be done in case of inaction of the licensing authority and the delay in the consideration of the application.

Refusal to issue a license is a reason to go to court.

Responsibility for carrying out entrepreneurial activity without a license

Violators face administrative, tax or criminal sanctions:

Administrative responsibility

Carrying out entrepreneurial activity without permission threatens with liability under Art. 14.1 of the Administrative Code of the Russian Federation. A legal entity will have to pay a fine of up to 50 thousand rubles, officials - up to 5 thousand rubles, citizens - up to 2.5 thousand rubles. You may also have manufactured products, tools and raw materials confiscated.

Tax liability

Some types of activity are exempt from taxation (Article 149 of the Tax Code of the Russian Federation). If you do them without a license, you will have to pay income tax for all operations.

Criminal liability

If work without a license caused major damage to citizens, organizations or the state, or brought you a large income, the punishment will follow under Art. 171 of the Criminal Code of the Russian Federation. The minimum sanction is a fine of up to 300 thousand rubles, the maximum is imprisonment up to 5 years.

For work without a license, you face a fine, and sometimes a prison sentence.

Obtaining a license for any type of entrepreneurial activity is a complex and time-consuming process that requires deep knowledge in the field of legislation. For a successful and quick passage of the procedure, it is better to seek the help of a lawyer.

Currently, legal regulation of licensing of entrepreneurial activity is carried out in accordance with the Federal Law of August 8, 2002 No. 128-FZ "On licensing certain types of activities", Decree of the Government of the Russian Federation of February 11, 2002 No. 135 "On licensing of certain types of activities" , as well as regulations on licensing of each of the types of activity, approved by the Government of the Russian Federation.

Under license understand a special permit to carry out a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur.

Licensing is a set of measures related to the granting of licenses, the re-issuance of documents confirming the availability of licenses, the suspension, renewal or termination of licenses, the cancellation of licenses, the control of licensing authorities over the observance by licensees in the implementation of licensed activities of the relevant licensing requirements and conditions, maintenance of registers of licenses.

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

The legislation contains several licensing rules.

First, the type of activity permitted by the license can be carried out by the licensee throughout the territory of Russia, regardless of whether it is issued by a federal executive body or executive body subject of the Russian Federation. However, in cases where a license is issued by a body of a constituent entity of the Russian Federation, the implementation of a licensed type of activity on the territory of other constituent entities of the Russian Federation is possible only after the licensee has notified the licensing authorities of the corresponding constituent entities of the Russian Federation. Notification is made by the licensee in writing at a later date when he directly begins to carry out the licensed activity. The notification contains the following information:

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

b) surname, name, patronymic, place of residence, data of an identity document - for individual entrepreneurs;

c) licensed activity;

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

e) an identification number taxpayer licensee;

f) the place where the licensed activity is carried out on the territory of the corresponding constituent entity of the Russian Federation;

g) the date of the expected start of the licensed activity on the territory of the corresponding constituent entity of the Russian Federation.

Upon receipt of the notification, the licensing authority shall send (deliver) to the licensee a receipt of receipt of the notification with a note on the date of receipt of the notification.

Secondly, the license grants the right to carry out the type of activity specified in it only to an economic entity that has received a license, that is, the license cannot be transferred to another person, except in cases of legal succession when a legal entity is transformed.

Thirdly, the license is issued for a certain term- at least 5 years. Licensing regulations for specific types of activities may also provide for an indefinite validity of the license. The term of validity of the license upon its expiration can be extended at the request of the licensee.

17.2. Licensing procedure

The licensing procedure includes the following stages.

1. Submission to the relevant licensing authority of the required documents... The list of licensing authorities is defined in the Resolution of the Government of the Russian Federation “On licensing certain types of activities”. Licensing of the vast majority of activities is referred to the competence federal bodies authorities.

To obtain a license, the license applicant submits or submits to the appropriate licensing authority license application, which indicates:

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

Surname, name and (if any) patronymic individual entrepreneur, place of residence, addresses of places of implementation of the licensed type of activity that the applicant intends to carry out, data of his identity document, main state registration number of the record on state registration of an individual entrepreneur and data of a document confirming the fact of entering information about an individual entrepreneur in the unified state register of individual entrepreneurs - for an individual entrepreneur;

Taxpayer identification number and data of the document on the registration of the license applicant with the tax authority;

Licensed type of activity in accordance with which the license applicant intends to carry out.

Attached to the license application are the following the documents:

Copies constituent documents(with the presentation of the originals in the event that the fidelity of the copies is not certified by a notary) - for a legal entity;

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

Copies of documents, the list of which is determined by the regulation on licensing a specific type of activity and which indicate that the license applicant has the ability to fulfill licensing requirements and conditions, including documents, the presence of which in the implementation of a licensed type of activity is provided for by federal laws (clause 1 of article 9 of the Federal of the Law "On Licensing Certain Types of Activities").

The licensing authority does not have the right to require the license applicant to submit documents that are not provided for by law.

The application for the grant of a license and the documents attached to it, on the day of receipt by the licensing authority, are accepted according to the inventory, a copy of which with a note on the date of receipt of the specified application and documents is sent (handed) to the license applicant.

2. Making a decision on the issue (or refusal to issue) a license... The licensing authority checks the completeness and accuracy of the information about the license applicant contained in the application and documents submitted by the license applicant, as well as verifies the possibility of the license applicant fulfilling the license requirements and conditions. On the basis of the inspection carried out, the licensing authority makes a decision on granting or refusing to grant a license within a period not exceeding forty-five days from the date of receipt of the application for the grant of a license and the documents attached thereto. This decision is formalized by the relevant act of the licensing authority.

More short time decisions on granting or refusing to grant a license may be established by provisions on licensing specific types of activities.

3. Notification to the license applicant of the decision to grant or refuse to grant a license.

A notice of refusal to grant a license is sent (handed) to the license applicant in writing, indicating the reasons for the refusal, including the details of the act of verifying the possibility of the license applicant fulfilling the license requirements and conditions, if the reason for the refusal is the inability of the license applicant to comply with the specified requirements and conditions.

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

Within three days after the license applicant submits a document confirming the payment of the state fee for granting a license, the licensing authority issues the licensee free of charge document confirming the existence of a license, which indicates:

1) the name of the licensing authority;

2) the full and (if any) abbreviated name, including the company name, and the organizational and legal form of the legal entity, its location, addresses of the places where the licensed type of activity is carried out, the state registration number of the entry on the creation of the legal entity;

3) surname, first name and (if any) patronymic of an individual entrepreneur, his place of residence, addresses of places of implementation of the licensed type of activity, data of his identity document, main state registration number of the record on state registration of an individual entrepreneur;

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

5) the term of the license;

6) taxpayer identification number;

7) license number;

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

17.3. Grounds and procedure for suspension and revocation of a license

Licensing authorities have the right suspend validity of the license in case of detection by the licensing authorities repeated violations or gross violation by the licensee of the licensing requirements and conditions.

The licensing authority is obliged to establish a time limit for the elimination of violations by the licensee that led to the suspension of the license, which may not exceed six months. In the event that the licensee has not eliminated the violation within the established time limit, the licensing authority is obliged to apply to the court with an application to revoke the license.

The licensee is obliged to notify the licensing authority in writing about the elimination of the violations that led to the suspension of the license. The licensing body that has suspended the license makes a decision to renew its validity and informs the licensee about it in writing within three days after receiving the appropriate notification and checking that the licensee has eliminated the violations that led to the suspension of the license.

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

Cancellation licenses are possible:

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

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

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

The decision to suspend the license and to revoke the license may be appealed in the manner prescribed by the legislation of the Russian Federation.

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

Control questions

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

2. What regulations currently regulate licensing relations?

3. In what order is licensing carried out?

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

5. In what cases does the licensing authority have the right to refuse to issue a license?

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Licensing of certain types of activities, including entrepreneurial ones, is carried out on the basis of the federal law of August 8, 2001 No. 128-FZ with numerous subsequent amendments (of 13.03.2002; of 21.03.2002; of 09.12. 2002; 10.01.2003; from 27.02.2003; from 11.03.2003; from 26.03.2003; from 23.12.2003; from 02.11.2004. ), in connection with which this law should be used when studying this topic according to the EPS ConsultantPlus or Garant.

License - This is a special permit for the implementation of a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur. A legal entity or individual entrepreneur licensed to carry out a specific type of activity are called licensees.

The license includes a list of powers that are within the competence of an economic entity in relation to licensed activities that require special knowledge or special conditions for their implementation, licensing requirements for employees of a legal entity, as well as requirements for compliance with these special conditions an object in which or with the help of which this type of activity is carried out. These requirements are associated, first of all, with the potential for harm to the legitimate interests, morality and health of citizens, the interests of society and the state in the event that such activities are carried out unskilled or unskilled.

Licensing is a type of government control. The issuance of licenses and control over the observance of licensing requirements and conditions is carried out by the licensing authorities, i.e. oran federal authorities and executive authorities of the constituent entities of the Russian Federation carrying out licensing in accordance with the licensing legislation (for example, the licensing chambers of the constituent entities of the Russian Federation).

The Decree of the Government of the Russian Federation approved the List of federal executive bodies that carry out licensing and the List of types of activities licensed by the executive bodies of the constituent entities of the Russian Federation, as well as federal executive bodies developing draft regulations on licensing these types of activities.

On federal level the licensing authorities are the ministries - transport, Agriculture, culture, internal affairs, and some state committees- each within the framework of its competence.

The executive authorities of the constituent entities of the Russian Federation license such activities as the production of disinfectants, veterinary activities, procurement, processing and sale of non-ferrous scrap, public display of audiovisual works, if these activities are carried out in a cinema hall.

Provisions on licensing certain types of activities (foreseen in advance in the federal law!) Are adopted at the level of the Government of the Russian Federation, and for some types of activities - at the level of ministries of the federal level.

The Law on Licensing establishes a single list of licensed types of activity (in clause 17 of the Law, more than a hundred types are listed). In addition, some other types of activities subject to licensing, in addition to the list given in Art. 17 of the Licensing Law may be established at the level of other federal laws - this applies to banking, insurance and a number of other types of activities.

If a particular type of activity is not subject to licensing by virtue of federal law, no other bodies, including at the regional level, can provide for licensing of this activity.

Licensed types of activity include types of activities, the implementation of which may entail damage to the rights, legitimate interests, health of citizens, defense and security of the state, the cultural heritage of the peoples of the Russian Federation and the regulation of which cannot be carried out by other methods than licensing.

In particular, activities related to tourism, transportation, weapons and military equipment, medical, veterinary services, non-state (private) security and detective activities and more. The list of activities requiring a license for its implementation is contained in Art. licensing law. In addition, certain types of activities subject to licensing are specified in other federal laws.

Thus, special federal legislation regulates the licensing of the activities of credit institutions. activities in the field of production and circulation alcoholic beverages, activities in the field of communications, customs, foreign economic operations and other activities specified in paragraph 2 of Art. 2 of the Licensing Law. The number of types of licensed activities has been significantly reduced by the current legislation, which in itself is aimed at developing entrepreneurship, limiting the arbitrariness of officials, but at the same time it should be noted that licensing for some types of activities was clearly canceled prematurely (for example, this applies to real estate activities or the activities of arbitration managers).

A separate license is provided for each type of activity provided by law. The type of activity for which the license is granted can only be performed by a licensed entity - a legal entity or an individual entrepreneur.

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

The term of the license cannot be less than five years. At the end of the license validity period, it can be extended at the request of the licensee by re-issuing the document confirming the existence of the license. Licensing regulations for specific types of activities may provide for an indefinite validity of the license.

To obtain a license, the license applicant submits the following documents to the relevant licensing authority:

Application for a license indicating the name and organizational-legal form of a legal entity, its location - for a legal entity; surname, first name, patronymic, place of residence, data of an identity document - for an individual entrepreneur; the licensed type of activity that a legal entity or individual entrepreneur intends to carry out;

Copies of constituent documents and a copy of the document on state registration of the license applicant as a legal entity (with the presentation of originals if the copies are not certified by a notary), and for an individual entrepreneur - a copy of the certificate of state registration of a citizen as an individual entrepreneur (with the presentation of the original in case of if the copy is not certified by a notary);

A copy of the certificate of registration of the license applicant with the tax authority (with the presentation of the original if the copy is not certified by a notary);

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

Information about the qualifications of the license applicant's employees or the qualifications of the individual entrepreneur himself.

In addition to these documents, the provisions on licensing of specific types of activity may provide for the submission of other documents, the presence of which in the implementation of a specific type of activity is established by the relevant federal laws, as well as other regulatory legal acts, the adoption of which is provided for by the relevant federal laws.

It is not allowed to require a license applicant to submit documents that are not provided for by the Federal Law on Licensing and other federal laws.

All documents are accepted by the licensing authority from the applicant according to the inventory with the issuance of a copy of it to the applicant.

The licensing authority makes a decision on granting a license or refusing to grant a license within a period not exceeding sixty days from the date of receipt of an application for a license with all necessary documents... The corresponding decision is formalized by the order of the licensing authority. Shorter terms for making a decision on granting or refusing to grant a license may be established by regulations on licensing specific types of activities.

The licensing authority is obliged, within the same 60-day period, to notify the license applicant about the decision to grant or a reasonable refusal to grant a license - in writing, indicating the details of the bank account and the deadline for paying the state fee for granting the license (if the decision is positive). Thus, in case of a positive decision, the fee will have to be paid twice - for the consideration of the license and for the issuance of the license.

Within three days after the license applicant submits a document confirming the payment of the state fee for granting a license, the licensing authority issues to the licensee a document confirming the existence of a license, which must indicate the licensee, his location (residence), TIN and license validity period.

Licensing authorities maintain registers of licenses for the types of activities that they license.

The grounds for refusal to grant a license are:

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

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

Refusal to issue a license on the basis of the amount of products (works, services) produced or planned for production by the license applicant is not allowed. The license applicant in all cases has the right to appeal to the court against the licensing authority's refusal to grant a license or its failure to act.

In the event of a transformation of a legal entity, a change in its name or location, or a change in the name or place of residence of an individual entrepreneur, or the loss of a document confirming the existence of a license, as well as in other cases stipulated by federal laws, the licensee is a legal entity (its successor) or an individual entrepreneur - must, no later than fifteen days later, submit an application for re-issuing a document confirming the existence of a license, with the attachment of documents confirming the indicated changes or the loss of a document confirming the existence of a license.

Re-issuance of a document confirming the existence of a license is carried out within ten days from the date of receipt by the licensing authority of the relevant application. A state fee is charged for reissuing a document confirming the existence of a license.

Licensing authorities have the right (and are obliged) to monitor compliance by the licensee with the license requirements and conditions within the competence provided to them by the Law on Licensing. These bodies have the right to suspend the license in the event that the licensing authorities identify repeated violations or gross violations (assessment category!) By the licensee of the license requirements and conditions for a period of up to six months. There is no license renewal fee. The validity period of the license is not renewed for the period of its suspension.

In the event that the licensee has not eliminated the indicated violations within the prescribed period, the licensing authority has the right (and is obliged) to apply to the court with an application to revoke the license. Only a court can revoke a license, but there is an exception: licensing authorities can revoke a license without going to court if the licensee fails to pay the state fee for granting a license within three months.

The court may revoke the license on the basis of the application of the licensing authority if the violation by the licensee of the license requirements and conditions entailed damage to the rights, legitimate interests, health of citizens, the defense and security of the state, the cultural heritage of the peoples of the Russian Federation, or if the licensee did not eliminate the violations after suspension validity of the license Simultaneously with filing an application with the court, the licensing authority has the right to suspend the said license for a period until the entry into force of the court decision.

The license loses legal force in case of liquidation of a legal entity or termination of its activities as a result of reorganization, with the exception of its transformation, or in case of termination (for any reason!) Of the certificate of state registration of a citizen as an individual entrepreneur, as well as entered into force a court decision to revoke the license.

The information contained in the register of licenses is open for acquaintance with it by individuals and legal entities. This information in the form of extracts from the register about specific licensees is provided to individuals and legal entities upon their applications within three days, and on a paid basis.

Responsibility for offenses in the field of state registration and licensing

Violation of the legislation on licensing by organizations and individual entrepreneurs when carrying out entrepreneurial activity in cases established by law entails administrative and criminal liability of the guilty persons for illegal entrepreneurship.

So, part 2 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation provides for the administrative responsibility of citizens, officials and legal entities for carrying out entrepreneurial activities without a special permit (license), if such a permit is required. The punishment is provided in the form of a fine, the amount of which is set for each of the indicated subjects separately. Confiscation of manufactured products, production tools and raw materials is also possible. With a literal interpretation of this wording, it seems to follow that confiscation can only be applied to entities that manufactured products for sale without a license for making and sale. It seems that by trade enterprises in this case, confiscation can also be applied if the seller sells the product without the required license.

Part 3 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation provides for liability of citizens, officials and legal entities in the form of fines of various sizes imposed for carrying out entrepreneurial activities in violation of conditions provided for by a special permit (license).

For the same offenses (activities without a license, when it is necessary, or in violation of licensing conditions), criminal liability is also provided - Art. 171 of the Criminal Code of the Russian Federation.

The article contains three independent elements of crimes related to the implementation of entrepreneurial activity: engaging in such activities without state registration of a legal or natural person; without obtaining a license, if necessary; in violation of the terms of licensing.

The commission of the relevant offenses may entail criminal liability only if they caused major damage to citizens, organizations or the state, or the income received as a result of these actions is large. The punishment for such crimes is established in the form of fines of various sizes, compulsory labor, arrest or imprisonment for up to three years.

Currently, legal regulation of licensing of entrepreneurial activity is carried out in accordance with the Federal Law of August 8, 2002 N 128-FZ "On licensing certain types of activities", Resolution of the Government of the Russian Federation of February 11, 2002 N 135 "On licensing of certain types of activities", and also the regulations on licensing of each of the types of activity approved by the Government of the Russian Federation.

A license is understood as a special permit to carry out a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur.

Licensing is a set of measures related to the granting of licenses, re-issuance of documents confirming the existence of licenses, suspension, renewal or termination of licenses, cancellation of licenses, control of licensing authorities over compliance by licensees in the implementation of licensed activities with the relevant licensing requirements and conditions, maintenance of license registers.

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

There are several licensing rules enshrined in the legislation.

First, the type of activity permitted by the license can be carried out by the licensee throughout the territory of Russia, regardless of whether it is issued by a federal executive body or an executive body of a constituent entity of the Russian Federation. However, in cases where a license is issued by a body of a constituent entity of the Russian Federation, the implementation of a licensed type of activity on the territory of other constituent entities of the Russian Federation is possible only after the licensee has notified the licensing authorities of the corresponding constituent entities of the Russian Federation. Notification is made by the licensee in writing at a later date when he directly begins to carry out the licensed activity. The notification contains the following information:

Name, legal form and location - for a legal entity;

Surname, name, patronymic, place of residence, data of an identity document - for individual entrepreneurs;

Licensed activity;

Number, duration of the license and name of the licensing authority that issued it;

Taxpayer identification number of the licensee;

Place of implementation of the licensed activity on the territory of the corresponding constituent entity of the Russian Federation;

The date of the expected start of the licensed activity on the territory of the corresponding constituent entity of the Russian Federation.

Upon receipt of the notification, the licensing authority shall send (deliver) to the licensee a receipt of receipt of the notification with a note on the date of receipt of the notification.

Thirdly, the license is issued for a certain period - not less than 5 years. Licensing regulations for specific types of activities may also provide for an indefinite validity of the license. The term of validity of the license upon its expiration can be extended at the request of the licensee.

The licensing procedure includes the following steps.

1. Submission of the necessary documents to the appropriate licensing authority. The list of licensing authorities is defined in the Resolution of the Government of the Russian Federation “On licensing certain types of activities”. Licensing of the overwhelming majority of types of activities is attributed to the competence of federal authorities.

To obtain a license, the license applicant sends or submits to the appropriate licensing authority an application for a license, which specifies:

Full and (if any) abbreviated name, including the company name, and the organizational and legal form of the legal entity, its location, addresses of the places of implementation of the licensed type of activity that the applicant intends to carry out, the state registration number of the record on the creation of the legal entity and the data of a document confirming the fact of entering information about a legal entity in the Unified State Register of Legal Entities - for a legal entity;

Surname, name and (if any) patronymic of an individual entrepreneur, his place of residence, addresses of places of implementation of the licensed type of activity that the applicant intends to carry out, data of his identity document, main state registration number of the record on state registration of an individual entrepreneur and data a document confirming the fact of entering information about an individual entrepreneur in the Unified State Register of Individual Entrepreneurs - for an individual entrepreneur;

Taxpayer identification number and data of the document on the registration of the license applicant with the tax authority;

Licensed type of activity in accordance with which the license applicant intends to carry out.

The following documents are attached to the license application:

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

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

The licensing authority does not have the right to require the license applicant to submit documents that are not provided for by law.

2. Making a decision on the issue (or refusal to issue) a license. The licensing authority checks the completeness and accuracy of the information about the license applicant contained in the application and documents submitted by the license applicant, as well as verifies the possibility of the license applicant fulfilling the license requirements and conditions. On the basis of the inspection carried out, the licensing authority makes a decision on granting or refusing to grant a license within a period not exceeding 45 days from the date of receipt of the application for the grant of a license and the documents attached thereto. This decision is formalized by the relevant act of the licensing authority.

Shorter terms for making a decision on granting or refusing to grant a license may be established by regulations on licensing specific types of activities.

3. Notification of the license applicant about the decision to grant or refusal to grant a license shall be sent (handed) to the license applicant in writing, indicating the bank account and the deadline for payment of the license fee for granting the license; in case of refusal to grant a license, a notice shall be sent to the license applicant in writing, indicating the reasons for the refusal, including the details of the act of verification of the possibility of the license applicant fulfilling the license requirements and conditions, if the reason for the refusal is the inability of the license applicant to comply with the specified requirements and conditions.

Within three days after the license applicant submits a document confirming the payment of the state fee for granting a license, the licensing authority issues a document confirming the availability of a license to the licensee free of charge, which indicates:

The name of the licensing authority;

Full and (if any) abbreviated name, including the company name, and the organizational and legal form of the legal entity, its location, addresses of the places where the licensed type of activity is carried out, the state registration number of the record on the creation of the legal entity;

Surname, name and (if any) patronymic of an individual entrepreneur, his place of residence, addresses of places of implementation of the licensed type of activity, data of his identity document, main state registration number of the record on state registration of an individual entrepreneur;

Licensed type of activity (indicating the work performed and the services provided);

The term of the license;

Taxpayer identification number;

License number;

Date of the decision to grant the license.