Licensing of certain types of activity: concept, procedure, documents. Features of licensing of entrepreneurial activity Types of licenses granted for carrying out entrepreneurial activity

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

Under 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 of 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.

Firstly, 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. federal body executive branch 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 time 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 a 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) taxpayer identification number of the 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 the licensed economic entity, 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 Decree 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 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 records on the creation of a legal entity and data of a document confirming the fact of entering information about a legal entity into a single State Register 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.

Attached to the license application are the following documentation:

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;

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 is not entitled 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 on granting or refusing to grant a license.

A notice of refusal to grant a license shall be 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 body is obliged to establish a period for the licensee to eliminate violations that entailed the suspension of the license, which may not exceed six months. In the event that the licensee has not eliminated the violations within the prescribed 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 entry into force of the court decision.

The decision to suspend a license, to revoke a license or to send an application to revoke a license to a 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 is a type of state control aimed at ensuring the protection of rights, legitimate interests, morality and health of citizens, ensuring the country's defense and state security.

Licensing - activities related to the granting of licenses, re-issuance of documents confirming the availability of licenses, suspension of licenses in case of administrative suspension of licensees' activities for violation of license requirements and conditions, renewal or termination of licenses, cancellation of licenses, control of licensing authorities over compliance by licensees in the implementation of licensed activities of the relevant licensing requirements and conditions, maintenance of registers of licenses, as well as the provision of established order interested parties information from the registers of licenses and other information about licensing.

The main principles implementation of licensing:

ensuring the unity of the economic space on the territory of the Russian Federation;
establishment of a unified list of licensed types of activities;
establishment of a unified licensing procedure on the territory of the Russian Federation;
the establishment of licensing requirements and conditions by provisions on the licensing of specific types of activities;
publicity and openness of licensing;
compliance with the rule of law in the implementation of licensing.

The legal basis for licensing business activities is currently Art. 49 of the Civil Code of the Russian Federation, Federal Law of August 8, 2001 No. 128-FZ "On Licensing Certain Types of Activities" 1 (hereinafter - the Law on Licensing).

In addition, the procedure for licensing specific types of activities is determined by the relevant provisions, which are approved by the Government of the Russian Federation.

Licensing can be carried out by federal bodies of state power, as well as by bodies of state power of the constituent entities of the Russian Federation in accordance with the Constitution of the Russian Federation and federal laws. Decree of the Government of the Russian Federation of February 11, 2002 No. 135 "On licensing of certain types of activities" approved the list of federal executive bodies that carry out licensing. In Moscow, this activity is carried out by a specially created Moscow Licensing Committee.

The law provides licensing authorities with very broad rights related to their activities. Thus, the licensing authorities carry out: the provision of licenses; re-issuance of documents confirming the availability of licenses; suspension of licenses; renewal of licenses; revocation of licenses; maintaining license registers, providing interested parties with information from license registers and other information on licensing; control over compliance by licensees in the implementation of licensed activities with the relevant licensing requirements and conditions; going to court with applications for cancellation of licenses.

The type of activity for which the license is granted can only be performed by a legal entity or individual entrepreneur who has received a license.

Licenses are issued by federal government bodies or executive bodies of the constituent entities of the Russian Federation1. Activities for which a license was issued by a federal government authority may be carried out throughout the territory of the Russian Federation. If the license is issued by a state authority of a constituent entity of the Russian Federation, then it is valid on the territory of this constituent entity of the Russian Federation. The licensing law introduces notification procedure, according to which, in order to carry out activities on the territory of another constituent entity of the Russian Federation, the licensee must notify the licensing authority of this constituent entity about this.

A preliminary notification in writing is provided, indicating the information provided in the Decree of the Government of the Russian Federation of February 11, 2002 No. 135.

To licensed activities includes such 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 except licensing.

The Licensing Law introduces the principle of establishing a single list of licensed activities. Based on this principle, the list of licensed types of activity can be determined only by the Law on Licensing. The introduction of licensing for other types of activities is possible only by making appropriate amendments to this law. However, it should be noted that the Licensing Law has a very limited scope. As stated in Art. 1 of this act, its effect does not apply to a sufficiently large number of licensed types of activities, including the activities of credit institutions and professional participants in the securities market, stock exchange, insurance, notary, educational activities and etc.

In this regard, in the science of business law, there are:

general licensed regime. It applies to those listed in Art. 17 of the Law on Licensing the types of activities, licensing of which is carried out in accordance with the rules of this Law;
special licensed regime. It applies to those specified in Art. 1 of the Law on Licensing the types of activities licensed according to the rules of special legislation. These rules may not comply with the provisions of the Licensing Act.

License - 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.
(Article 2 of the Federal Law "On Licensing Certain Types of Activities")

The term of validity of the license cannot be less than five years, and upon expiry of the term, the possibility of its extension is provided upon the application of the licensee. In accordance with Art. 8 of the Law on Licensing, Regulations on the licensing of specific types of activities may provide for an unlimited validity of the license.

To become a licensee, i.e. a person licensed to carry out a specific type of activity, the license seeker shall send or submit to the appropriate licensing authority an application for a license. The application must contain information, the list of which is given in Article 9 of the Law on Licensing. So, in the application submitted by the applicant-legal entity: the name and organizational-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 a legal entity in the unified state register of legal entities; taxpayer identification number and data of the document on the registration of the license applicant with the tax authority; licensed species.

Attached to the license application are:

copies of constituent documents (with the presentation of originals if the copies are not certified as true by a notary public);
a document confirming the payment of the state fee for the consideration by the licensing authority of an application for a license. By virtue of paragraph 71 of Art. 333.33 of the Tax Code of the Russian Federation, its size is 300 rubles.
copies of documents, the list of which is determined by the regulation on licensing a specific type of activity and which indicate that the license applicant has the ability to fulfill license requirements and conditions, including documents, the presence of which in the implementation of a licensed type of activity is provided for by federal laws.

The licensing body is not entitled to require the license applicant to submit documents not provided for by this Federal Law.

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.

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. Shorter periods may be established by regulations on the licensing of specific types of activities.

The licensing authority is obliged to notify the license applicant of the decision within the specified period.

A notice of granting a license is sent (handed) to the license applicant in writing. 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 license to the licensee free of charge. The state fee for granting a license is set at 1000 rubles.

Grounds for refusal to grant a license is an:

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 refusal of the licensing authority to grant a license or its failure to act may be appealed by the applicant.

The decision to issue or refuse to issue a license must be made by the licensing authority within a period not exceeding 60 days from the date of receipt of the applicant's application from necessary documents.

A notice of a license or a refusal to issue a license is sent (handed) to the applicant. The grounds for refusal to issue a license may be:

presence in the documents submitted by the license applicant, inaccurate or distorted information;
non-compliance of the license applicant, the objects belonging to him or the objects used by him with the license requirements and conditions.

Refusal to issue a license may be appealed by the applicant in court.

Unlawful refusal to issue a license to carry out certain activities, if these acts were committed by an official using his official position, in violation of a judicial act that has entered into legal force, as well as causing major damage, shall be punished in accordance with Art. 169 of the Criminal Code of the Russian Federation. Damage in excess of 250 thousand rubles is recognized as large.

At the request of the license applicant or licensee in relation to certain types of activities, licensing of which is carried out in order to protect property rights and legitimate interests of citizens, a simplified licensing procedure may be applied, provided that the license applicant or the licensee concludes a civil liability insurance contract or if the licensee has a certificate of conformity carried out by him licensed activity international standards.

The licensing procedure (general or simplified) or a return to the previously applied licensing procedure is independently selected by the license applicant or licensee.

The license applicant, who has expressed a desire to carry out a licensed type of activity and has chosen a simplified licensing procedure, submits to the appropriate licensing authority an application, the documents specified earlier (except for documents, the list of which is determined by the regulation on licensing a specific type of activity), as well as a copy of the civil liability insurance contract (with presentation of the original if the copy is not certified by a notary public).

In the case of a simplified licensing procedure, the decision to grant a license or to refuse to grant it is made by the licensing authority within a period not exceeding fifteen days from the date of receipt of the application for the grant of a license and the documents attached to it.

If the copy is not certified by a notary public).

Scheduled inspections of the compliance of the activities of the licensee who chose the simplified licensing procedure with the licensing requirements and conditions are not carried out.

The validity period of the civil liability insurance contract or the validity period of the certificate of conformity of the licensed type of activity carried out by the licensee to international standards must be not less than the validity period of the license.

The licensee is obliged to notify the licensing authority of the termination of the civil liability insurance contract or the certificate of conformity of the licensed type of activity carried out by the licensee to international standards, or of the extension of the term of the specified agreement within fifteen days from the date of termination of these documents or the extension of the term of the agreement. In the event of termination of the civil liability insurance contract or the certificate of conformity, the licensee has the right to carry out the licensed type of activity to which the general order licensing, before the license expires.

The simplified licensing procedure can be applied to the licensing of activities, the list of which is given in clause 6 of Art. 9 of the Licensing Act (transportation by sea transport cargo; air transportation of goods; transportation of goods by rail, etc.).

Under the simplified licensing procedure, the licensing authority does not check whether the license applicant can fulfill the license requirements and conditions.

License registers for specific types of activities are carried out by licensing authorities. The following information is indicated in the registers:

information about the licensee;
information about the licensing authority that issued the license;
licensed type of activity;
the date of the decision to grant the license and the license number;
duration of licenses;
information on registration of licenses in registers, grounds and dates of suspension and renewal of licenses;
grounds and dates of revocation of licenses;
basis and term of application of the simplified licensing procedure;
information about the addresses of the places where the licensed type of activity is carried out;
other information.

The law provides for the grounds and procedure for re-issuing a document confirming the existence of a license, suspension and revocation of licenses.

The basis for re-issuing a document confirming the existence of a license is the reorganization of a legal entity in the form of transformation, a change in its name or its location; change of name or place of residence of an individual entrepreneur; change of addresses of places of implementation by a legal entity or individual entrepreneur of a licensed type of activity.

The re-registration of the document is carried out by the licensing authority, where the licensee or his successor must apply with an application and the necessary documents no later than fifteen days from the date of making changes to the relevant Unified State Register or from the day of changing the addresses of places where a legal entity or individual entrepreneur of a licensed type of activity is carried out.

In the event of the reorganization of legal entities in the form of a merger, if, as of the date of state registration of the legal successor of the reorganized legal entities, each legal entity participating in the merger has a license for the same type of activity, such a legal successor has the right to submit an application for renewal of the document confirming the existence of a license, in the manner provided for in Article 11 of the Licensing Law.

renewal of a document confirming the existence of a license may be refused if the licensee or his successor submits incomplete or inaccurate information.

A notice of refusal to reissue a document confirming the existence of a license is sent (handed) to the licensee or his successor in writing, indicating the reasons for the refusal.

The state fee for re-issuing a document is determined in the amount of 100 rubles. (clause 71 of article 333.33
NKRF).

Licensing authorities are empowered to suspend a license in the event that they identify repeated violations or gross violation by the licensee of licensing requirements and conditions.

The decision to suspend the license can be appealed in the manner prescribed by law. Making a decision, the licensing authority determines the time period for the licensee to eliminate the circumstances that led to the suspension of the license. This period cannot exceed six months. In case of elimination of these circumstances, the relevant authority must make a decision to renew the license. If the violations are not eliminated within the prescribed period, the licensing authority is obliged to apply to the court with an application to revoke the license. License becomes invalid:

in case of liquidation of a legal entity or termination of the certificate of state registration of a citizen as an individual entrepreneur;
in case of reorganization of a legal entity, with the exception of transformation.

The licensing law also provides grounds for revoking a license. Two groups of such grounds can be distinguished. In accordance with them, the license can be canceled:
1) administratively, i.e. by the licensing body itself without going to court, the license may be canceled if the licensee fails to pay the license fee for the license within three months;
2) in a judicial proceeding on the basis of the application of the licensing authority. In this case, the license is canceled:

if the violation by the licensee of the license requirements and conditions entailed damage to the rights, legitimate interests and health of citizens, as well as the defense and security of the state, the cultural heritage of the peoples of the Russian Federation;
if the licensee fails to eliminate repeated violations or gross violations of license requirements and conditions after the suspension of the license.

It should be noted that from June 1, 2006 new order Suspension of a License and Cancellation of a License 1. Let's consider its main provisions.

The suspension of the license will be carried out by the licensing authority if the licensee is brought to administrative responsibility for violation of licensing requirements and conditions in the manner established by the Code of Administrative Offenses of the Russian Federation.

It is stipulated that if a judge makes a decision on the administrative suspension of the licensee's activities for violation of licensing requirements and conditions, the licensing authority, within 24 hours from the date this decision comes into legal force, suspends the license for the period of administrative suspension of the licensee's activities.

The licensee will be obliged to notify the licensing authority in writing about the elimination of the violation of the license requirements and conditions, which entailed the administrative suspension of the licensee's activities.

The license shall be renewed by the licensing authority from the day following the expiration date of the administrative suspension of the licensee's activities, or from the day following the day of early termination of the administrative penalty in the form of administrative suspension of the licensee's activities.

If, within the time period established by the judge, the licensee does not eliminate the violation of licensing requirements and conditions, which entailed the administrative suspension of the licensee's activities, the licensing body is obliged to apply to the court with an application to revoke the license.

The license is canceled by a court decision on the basis of consideration of the application of the licensing authority.

In addition, it is provided that the license is terminated from the date of the expiration of the license or the licensing authority makes a decision on early termination of the license on the basis of a written application from the licensee (legal successor of the licensee - legal entity) submitted to the licensing authority to terminate the licensed type of activity. , as well as from the date of entry into force of the court decision to revoke the license.

without a license, if it is required, shall entail the imposition of an administrative fine:

for citizens - in the amount of twenty to twenty five minimum wages;
for officials - from forty to fifty minimum wages;
for legal entities - from four hundred to five hundred minimum wages.

In addition to the imposition of a fine, confiscation of manufactured products, tools of production and raw materials may be carried out.

Carrying out entrepreneurial activity in violation of the conditions stipulated by the license, entails the imposition of an administrative fine:

for citizens - in the amount of fifteen to twenty minimum wages;
for officials ~ from thirty to forty minimum wages;
for legal entities - from three hundred to four hundred minimum wages.

Carrying out entrepreneurial activity in gross violation of the conditions provided for by the license entails the imposition of an administrative fine on persons engaged in entrepreneurial activity without forming a legal entity in the amount of forty to fifty minimum wages or administrative suspension of activity for up to ninety days; for officials - from forty to fifty minimum wages; for legal entities - from four hundred to five hundred minimum wages or administrative suspension of activities for up to ninety days.

The concept of a gross violation is established by the Government of the Russian Federation in relation to a specific licensed type of activity.

If this act has caused large damage to citizens, organizations or the state, or is associated with the extraction of income on a large scale, then it is a crime and is punished in accordance with Art. 171 of the Criminal Code of the Russian Federation.

The qualifying features of this crime are: its commission by an organized group, i.e. a stable group of persons who have united in advance to commit one or more crimes; the extraction as a result of this crime of income on an especially large scale.

Income in large and especially large amounts in this case is recognized as income, the amount of which exceeds 250 thousand rubles and one million rubles, respectively.

The legislation of the Russian Federation and many other countries regulates compulsory licensing of a number of types. The laws also establish a list of business areas required for obtaining a license. Organization of any "case" with disregard for this aspect of the law is a serious violation for which different types punishments.

License as an official document

Licensing is a set of measures aimed at obtaining licensing documents for a certain aspect of life. Also, this process includes:

control over licenses;
provision of documents to confirm that a person has licenses;
verification of the correct observance of all licensing requirements;
cancellation of received documents and permits;
introduction of license registers and so on.

Licensing of certain types of entrepreneurial activity (PD) is a very important process introduced by the government of the Russian Federation to ensure the security of our country and from unauthorized types of entrepreneurship.

The state monitors compliance with all licensing points for each type of entrepreneurial activity that can be dangerous for residents of Russia and require specialized skills to carry out their functioning.

Thus, we can highlight the general principle of the formation of the need for licensing of PD: licensed types of entrepreneurship include all spheres of organizing any actions that can infringe on the rights of citizens, harm the state, violate laws, be dangerous to the health of residents of the country and pose a threat to the security of Russia in the whole. All types of PD with a similar characteristic cannot be organized without a licensing event.

Goals ( general principles) licensing of some types of entrepreneurial activity include:

organization of a single, equal for all economic field on the territory of the country;
formation of a unified list and procedure for obtaining licenses for certain areas of entrepreneurship;
the establishment of a number of requirements and regulations for licensing;
compliance with all fundamental principles of the legislation of the Russian Federation.

Depending on the licensing process, it can be divided into two types: general (compliance with the rules of the basic law) and special (obtaining a license under special legislation). The general result of successfully carried out licensing of a certain type of entrepreneurial activity is the receipt of a license to carry out any "business" and its existence approved by law.

This result is determined by the issuance of a license, which is a special document that allows a legal entity or entrepreneurship to be engaged in and is issued for a specified period or indefinitely.

Types of entrepreneurial activity required for licensing

The entire process of licensing PD is based on compliance with all aspects of the current legislation of the Russian Federation. For the most part, it relies on the Federal Law of April 22, 2011 (No. 99-F3). Licensing obligations are imposed on the authorities of the Russian Federation, legal entities and individual entrepreneurs (IE).

Also, Law No. 99-F3, or rather its 12th article, regulates almost the entire list of types of entrepreneurship that require compulsory licensing. The main provisions of the article state that a license is required for the following areas of PD:

educational;
medical;
pharmaceutical;
security;
communicative (television and radio broadcasting);
transportation of more than 8 persons in vehicle(private taxi);
activities for maintenance structures in plan fire safety;
communications and others.

From the point of view of relevance, today the above types of PD are most in demand and are more often registered. However, it should be understood that the list of all types is quite large and you can familiarize yourself with it in more detail in the law itself.

In addition to all of the above, it is important to highlight the moment of the existence of various correcting and clarifying by-laws, which are also taken into account in the general licensing process. The legislation of the Russian Federation regulates 11 types of entrepreneurship, a license for which can be obtained only under the rules of a special federal law. These include areas:

nuclear energy;
production of alcohol-containing goods;
protection of state information;
lending;
organizational bidding;
professional purchase / sale of securities;
the formation of investment and pension funds, as well as many other aspects of this area;
clearing and PD.

For successful licensing, it is necessary to familiarize yourself in detail with the legislation of the Russian Federation or entrust this event to a professional lawyer.

Requirements for the license applicant and the procedure for obtaining

It's not easy to get a license

Obtaining a license for a certain type of business 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 business, the rules for obtaining may differ. In most licensing cases, the license applicant must meet the following requirements:

have real estate, equipment, etc .;
maintain an active work headquarters;
have professional education, etc.;
have formed capital.

A more complete list of requirements for an applicant can also be considered in some provisions of the Federal Law. To obtain a license, you must complete a whole range of activities, including:

Verification of the conformity of the type of PD and the status of the entrepreneur for the possibility of obtaining a license.
Drawing up an application for the provision of license documents. It is drawn up in the form established by law and includes information about the identification marks / names of the company, about the entrepreneur, taxpayer number (as well as other data necessary for registering the applicant with tax authority), type of business, which is focused on obtaining a license, receipts / details.
It is necessary to attach some pre-collected documents to the written application: constituent (notarized) documents, the necessary papers, the presence of which is regulated by law when licensing a certain type of PD, an inventory of everything submitted to the licensing authority.
After submitting an application with all the documents, the applicant must wait 45 to 60 days. The documents will be reviewed by a special body, which will either approve the issuance of a license to engage in a certain type of PD, or refuse. The unsatisfactory result of the commission can be appealed by the applicant in court.

The above measures are mandatory, but in some situations the process of obtaining a license can be simplified or, on the contrary, toughened.

License term and rules

License has terms

For a clearer concept of licensing certain types of entrepreneurial activity, it is worth considering the validity period of the license obtained. Federal law states that all documents and permits are issued for an indefinite period (unlimited). However, some situations involve the issuance of a temporary license issued in accordance with all the requirements of the legislation of the Russian Federation.

Individual entrepreneur and others entity has the right to start organizing its activities from the next day after the approval of the issuance of a license for it. PD can be carried out throughout the territory of Russia, regardless of the place of issue, as well as in places of jurisdiction of the Russian Federation.

Basically, business licensing is carried out on federal level, however, licenses for some types of PD are also issued at the regional level. But in any case, the actions of the license permit apply to the entire territory of our country.

An entrepreneurial activity can only be organized by the person in whose name the license is issued. Otherwise, there will be problems with the law and some government agencies.

As you can see, in general terms, obtaining a license for certain types of entrepreneurial activity is a fairly simple undertaking. In the process of licensing your "case", you must comply with all points of the current legislation and consult with professional lawyers. Do not forget that illegal PD is punished by the state by bringing a person to justice under Article 171 of the Criminal Code of the Russian Federation or administratively - in accordance with Article 14.1 of the Code of Administrative Offenses of the Russian Federation.

An expert lawyer's opinion:

Licensing of entrepreneurial activity is the most difficult function of the state in the sphere of economic regulation. On the one hand, unreasonable restrictions are unacceptable in a democratic state economic types for business. On the other hand, the interests of the state and its citizens are on the scales. The wisdom of government bodies consists in achieving a balance of interests of both parties.

In addition, it is also important to get lawmakers to develop quality laws. This is far from all right. The instability and low quality of legislation in this area leads to conflicts between government and business. Several years ago, the state decided to use overseas experience in this domain. We are talking about self-regulatory organizations. Instead of a licensing procedure, certain activities require membership in such an organization.

Responsibility for violation of antimonopoly legislation

1. Civil liability - recovery of losses caused to an economic entity.

2. Administrative liability (fines) in accordance with Art. Art. 19.5, 19.8 of the Code of Administrative Offenses of the Russian Federation occurs for failure to comply with the orders of the antimonopoly authority, failure to submit applications and notifications for the implementation of antimonopoly control. The maximum fine for business entities is 5,000 minimum wages

3 ... Criminal liability according to Art. 178 of the Criminal Code of the Russian Federation comes for:

monopolistic actions carried out by establishing monopoly prices;

restricting competition by dividing the market, restricting market access, establishing and maintaining uniform prices.

fines from 200 to 700 minimum wages;

arrest from 4 to 6 months;

imprisonment up to 7 years;

confiscation of property.

The legal institution for licensing business activities is relatively new in Russian legislation. Its formation took place in the early 90s of the twentieth century. It was associated with the transition of Russia to a market economy and the formation of Russian statehood. It was during this period that the need for a special type of state supervision over the activities of entrepreneurs engaged in different kinds activities.

V modern conditions the development of entrepreneurship in Russia is an urgent problem of state supervision, represented by various bodies, over the activities of economic entities. This oversight has a twofold purpose.

First, with the help of supervision, the creation and activities of entrepreneurs are streamlined. So, with the help of supervision, the creation of "fly-by-night firms" that are unable to meet their obligations is avoided, thereby the state protects the rights and freedoms of its citizens.

Secondly, the state seeks to generate income for itself and protect its rights, monopolies on the most priority activities.

It is licensing, being one of the types of supervision, that is a special type of state activities aimed at ensuring the rights, legitimate interests, morality and health of citizens, ensuring the country's defense and state security. From this definition, it becomes clear that licensing as a type of state supervision protects both public and private interests.

The highest rates of development of the institution of licensing were observed in the period 1995-1998, when the practice of regulating licensing relations by decrees of the Federal Government and, to a much lesser extent, by decrees of the President of Russia became widespread. An important role in the development of the institution of licensing was played by the adoption in 1994 and 1996 of two parts of the Civil Code of the Russian Federation. With the adoption The State Duma On October 21, 1994, part of the first Civil Code of the Russian Federation, the problem of an adequate ratio of licensing regulation in federal laws and by-laws has become one of the most urgent. Almost all types of commercial, as well as certain types of non-commercial activities at that time were subject to licensing. However, legitimate entrepreneurial activity was restrained due to the clearly insufficient development of the legal field. Legal regulation of the institution of licensing was carried out during this period by federal laws, laws of the Russian Federation, RSFSR, USSR, as well as numerous bylaws. Their application in the absence of a basic federal law on licensing gave rise to numerous conflicts and facilitated the illegal activities of licensees and officials of licensing authorities.

The Federal Law “On Licensing of Certain Types of Activities” adopted in 1998 became the normative legal act that summed up a kind of intermediate result in the formation of licensing as a legal institution. Thanks to its adoption, the prerequisites were created for the legislative provision of constitutional guarantees of citizens in the field of economic activity... But this law, despite all its progressiveness, did not last long, because, as it seems, contained an excessive number of licensed activities. In this regard, in 2001 there was a need to reduce their number. This reduction took place with the adoption of the Federal Law of August 8, 2001 "On the licensing of certain types of activities."

The concept of "licensing", which denotes a kind of government permissive policy, has relatively recently been introduced into the everyday life of the domestic administrative and legal science and the science of business law. In the activities of the executive and administrative bodies of imperial (tsarist) Russia, licensing methods were used during the period of the so-called continental blockade (1811-1812). During this period, the foreign trade activity of England was limited due to its acute conflict with France. Russia issued licenses for trade with England, called "letters of preference" (Freibriefe).

However, the participation of the Russian Empire in the continental blockade, expressed in the introduction of short-term licensing in the sphere of foreign trade activities of Russia, significantly infringed upon the interests of domestic producers. And it seems that this measure was more political in nature than economic and legal.

The application of licensing methods under the Soviet legal system was very limited. In the field of export-import activities, the issuance of licenses by the Ministry foreign trade USSR and the subsequent conclusion of contracts by state trade organizations represented one of the forms of exercising the monopoly of foreign trade. As the second type of licensing provided for by the Soviet legal system, it was possible to consider the issuance of a permit for the use of an invention or other technical achievement, provided on the basis of a license agreement. In the field of intellectual property law, there was and is a licensing agreement, which, in my opinion, has nothing to do with licensing as a form of state supervision.

Development of the licensing institute at the turn of 1991-1992. due to the change in economic and legal formations; Under these conditions, the state was interested in intensifying private law activity, but its implementation outside state regulation was not possible. There is a need to introduce methods to effectively ensure the protection of the rights of citizens and the economic security of Russia. One of these methods is licensing.

The practice of licensing received special development in 1994 in connection with the adoption by the Government of the Russian Federation of a basic resolution regulating the issuance, suspension and cancellation of licenses by the executive authorities: only for the period 1994-1998. (up to the adoption of the Federal Law of September 25, 1998 "On Licensing Certain Types of Activities"), the executive authorities licensed over 900 types of commercial and even (in rare cases) non-commercial activities.

The current stage of licensing development is characterized by a reduction in the number of licensed activities. This is primarily due to the fact that an excess of licensed activities gives rise to the so-called. "Administrative barriers", the excess of which hinders the development of a state with a market economy.

Unfortunately, the legal aspects of the institution of licensing are covered in the literature insufficiently and rather superficially. Nevertheless, licensing as a relatively new and rather complex socio-legal phenomenon seems to be quite interesting to study, especially at the present time - in the era of the development of a market economy and the formation of a relatively new Russian statehood.

Despite the extensive regulatory framework, the legal aspect of the institution of licensing has not been studied fully enough. Discussion is the question of the essence and legal nature of this institution.

According to Zh.A. Ionova, licensing is a form of business legitimation. This point of view is most often found in the literature. Perhaps one can agree with her, but only partially. It would be more accurate to say that licensing is a form of legalization of certain types of entrepreneurial activity.

O. Oleinik believes that “licensing is a legal regime for the initiation and implementation of certain types of entrepreneurial activity recognized by law, which implies:

state confirmation and defining the limits of the right to maintain economic activity;

state control for the implementation of activities;

the possibility of termination of activities on special grounds by state bodies ”.

This definition refers to the right that a legal entity has upon licensing, but does not disclose the content of this right.

A.I. Tsikhotskaya believes that the real content of licensing is the organizational and corrective influence of the state on a managed object and that licensing is one of the functions of state administration, that is, one of the most common and typical ways of influencing the state on business entities. But even this definition does not disclose the legal content of licensing.

In general, these points of view allow us to highlight several aspects of such a phenomenon as licensing.

Firstly, licensing, as a specific type of activity of the competent authorities, is a set of measures for the grant, revocation, suspension of licenses, etc., carried out by state authorities within their competence. The closest definition is found in the current legislation.

Secondly, licensing, as a legal institution, represents a system legal regulations regulating relations in the field of granting, revoking, canceling, suspending licenses, supervising the implementation of licensing rules by the subjects of licensing relations, bringing violators of these rules to justice. This can also include the specifics of licensing certain types of entrepreneurial activity.

Thirdly, licensing, as a procedure, is required condition the emergence of special legal capacity, legal capacity, and liability of the licensee in the field of the licensed type of activity.

Fourth, licensing, as a form of public administration, an instrument of public policy, is considered as a certain lever of influence on the activities of entrepreneurs in the implementation of certain types of activities.

The Law on Licensing (Art. 2) gives the following legitimate definition: “Licensing is activities related to the granting of licenses, re-issuance of documents confirming the availability of licenses, suspension and renewal of licenses, revocation of licenses and control of licensing authorities over compliance by licensees in the implementation of licensed types activities of the relevant licensing requirements and conditions. "

Here, it seems to us, a "bureaucratic" bias has been made to the effect that licensing is a complex of actions by state bodies. Although, to a greater extent, licensing is one of the most common ways to ensure national interests in the field of private law activities. As mentioned above, under the conditions of the Soviet legal system, it was rarely used due to the obvious primacy of public law institutions over the interests of business entities. The influence of the state at this time could have been ensured by the tightening of supervision in the field of private law activities. The emergence of a market economy gave rise to this method of government.

Licensing is a special method of regulation public relations: the relationship of the licensee with the licensing authorities, state supervisory and control authorities is based on the subordination of one party to the other, - it is this circumstance, in accordance with paragraph 3 of Art. 2 of the Civil Code, practically excludes the use of civil legislation in this area.

Although the Civil Code of the Russian Federation in Art. 49 notes that legal entities have the right to engage in any activity that is permitted by law and fixed in the charter, but there are types of activities for which it is necessary to obtain a special permit - a license. This rule applies to all legal entities and individual entrepreneurs.

From the meaning of Art. 49 of the Civil Code of the Russian Federation, it can be concluded that a license is a special permit, on the basis of which a legal entity has the right to engage in activities, the list of which is established by law.

Apparently Art. 49 GK needs to be adjusted.

First, individual entrepreneurs should be added to legal entities.

Secondly, instead of the words “established by law”, one should use “established by federal laws”, since the Law on Licensing does not apply to all licensed types of activities, therefore, there is simply no single law in this area.

The definition of a license in the Law on Licensing is much more successful. In accordance with Art. 2 of the Law, a license is 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 requirements and conditions are established by the licensing provisions for specific types of activities. At the same time, Article 3 of the Law on Licensing fixes the principles of licensing. This:

- ensuring the unity of the economic space on the territory of the Russian Federation. This principle is expressed in the fact that, firstly, almost all licensed types of activity are regulated by federal acts; secondly, if there is an agreement between the constituent entities of the Russian Federation, a license issued on the territory of one constituent entity of the Russian Federation may also be valid on the territory of another constituent entity; thirdly, the amount of the license fee is the same throughout the territory of the Russian Federation, etc .;

- establishment of a unified list of licensed types of activities. This list is established by the Decree of the Government of the Russian Federation of February 11, 2002 No. 135 "On licensing certain types of activities";

- establishment of a unified licensing procedure on the territory of the Russian Federation. This procedure is established by federal acts;

- the establishment of licensing requirements and conditions by provisions on the licensing of specific types of activities. In development of the provisions of the Law and the Decree on licensing, the Government of the Russian Federation adopted provisions on licensing specific types of activities. Previously, these provisions were approved by federal ministries, their structural divisions, by the authorities of the constituent entities of the Russian Federation;

- publicity and openness of licensing. This principle is expressed in the fact that all laws and other normative legal acts concerning licensing are subject to official publication (part 3 of article 15 of the Constitution of the Russian Federation);

- observance of legality in the implementation of licensing. This principle is also enshrined in the Constitution of the Russian Federation (part 2 of article 15) and is expressed in the obligation of everyone to comply with the prescriptions of laws and other regulatory legal acts.

The right of a legal entity to carry out licensed activities is associated with obtaining a license. From the moment of its receipt, the legal entity is endowed with the required rights and obligations of the licensee, the most important of which is compliance with the license requirements and conditions. Thus, the legal capacity of a legal entity in full arises after the licensee has been empowered to it. Changes in legal capacity are most often associated with the suspension by the licensing authority of the license and additional responsibilities the licensee to eliminate the circumstances that led to the suspension of the latter. In accordance with Part 3 of Art. 49 of the Civil Code, the right of a legal entity to carry out activities for which it is necessary to obtain a license shall terminate upon the expiration of its validity period, unless otherwise established by federal law, a decree of the President of Russia or a decree of the federal government. There are the following prerequisites for the termination of the powers of the licensee as a legal entity:

- the objective prerequisites for the termination of the licensee's status include the liquidation of a legal entity (for a citizen - an entrepreneur - death) by decision of its founders or the body of a legal entity and other circumstances specified in paragraph 2 of Art. 61 GK;

- the subjective prerequisites for the termination of the licensee's powers are the circumstances associated with the unlawful action (inaction) of persons performing organizational and administrative or administrative duties on behalf of the legal entity: for example, when the court invalidates the certificate of registration of the legal entity.

Thus, apart from the circumstances specified in Part 3 of Art. 49 of the Civil Code (expiration of the license), you can specify the following reasons for the termination of the legal capacity of the licensee as a legal entity:

- liquidation of a legal entity or termination of its activities as a result of reorganization (a legal entity is considered to have ceased to exist after making an entry about it in the unified state register of legal entities - clause 8 of article 63 of the Civil Code);

- revocation of the license.

Individual entrepreneurs are the most common type of subjects of licensing relations. All types of licensed activities carried out individuals are related to entrepreneurial activity. Individual entrepreneurs operate without forming a legal entity, their civil legal capacity coincides with the legal capacity of legal entities - commercial organizations; thus, the main purpose of the activities of individual entrepreneurs, endowed with the powers of the licensee, is to make a profit.

Most of the stages of licensing regulation are provided by the powers of the competent authorities. The issuance of a license is preceded by an applicant's appeal to the licensing authority. This initiative of the license applicant also gives rise to his obligations to register with the tax authority, pay a fee for the consideration of his application by the licensing authority, and submit the required documents. The stage of consideration of the application of the license seeker for the issuance of a license ends with the adoption by the licensing authority of a decision on such issuance or on the refusal to satisfy the applicant's application. The license applicant has the right to choose an administrative way of appealing against the decision to refuse to issue a license by requiring independent expertise... However, the expert opinion is not binding on the licensing authority - the latter is obliged to re-consider the said application and, based on its results, has the right to re-refuse the license applicant in issuing a license. Thus, the licensing authority, in comparison with the license applicant, has a more significant potential in the process of the latter appealing the said decision.

The priority of national interests is also ensured at the subsequent stages of licensing regulation: the licensee is obliged to comply with licensing requirements and conditions, as well as to comply with the legal requirement of a state body in exercising control and supervision.

After obtaining a license, its applicant is referred to as the licensee. Data on the issuance of a license to him (as well as on the suspension and revocation) is entered in the register of licenses - a set of data on the granting of licenses, the re-issuance of documents confirming the availability of licenses, the suspension and renewal of licenses and the cancellation of licenses.

To obtain a license, the applicant submits the following documents to the appropriate licensing authority: application, constituent documents, certificates of state registration and registration with the tax authority, a receipt for payment of the license fee, as well as documents confirming the qualifications of the applicant's employees.

In addition to these documents, the provision of other documents may be provided for in the provisions on licensing specific types of activities. It is not allowed to demand from the license applicant the submission of documents not provided for by law. All documents submitted to the relevant licensing authority for granting a license are accepted according to an inventory, a copy of which is sent (handed) to the license applicant with a note on the date of receipt of the documents by the said authority.

Licensing bodies are only the executive authorities of the Russian Federation or the constituent entities of the Russian Federation. New law on licensing excluded from the number of licensing bodies local authorities, the President of the Russian Federation, and courts. The only sources of licensing requirements and conditions are provisions on licensing of specific types of activities, approved by the Government of the Russian Federation. But the President of the Russian Federation, being excluded from the number of licensing bodies, nevertheless has the ability to influence the implementation of licensing, since it determines the main directions of the domestic and foreign policy of the state, part of which is licensing.

The licensing authority makes a decision on granting or refusing to grant a license within a period not exceeding 60 days (according to the previous law - 30) from the date of receipt of an application for a license with all the 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 decision to grant a license (refusal to grant) is formalized by an order of the licensing authority. The licensing authority is obliged to notify the license applicant of the decision to grant or refuse to grant a license. 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. A notice of refusal to grant a license shall be sent (handed) to the license applicant in writing, indicating the reasons for the refusal.

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

The licensee has the right to receive duplicates of the specified document. Duplicates of this document are provided to the licensee for a fee equal to the fee established for the provision of information contained in the license register (100 rubles).

In accordance with Art. 15 of the Federal Law "On Licensing" for consideration by the licensing authority of an application for a license, a license fee of 300 rubles is charged. A license fee of 1,000 rubles is charged for the provision of a license. The amounts of license fees indicated in this article are credited to the respective budgets.

Under the previous law, the license fees were set in multiples of minimum size wages. At the same time, only the maximum amounts of license fees were set. The very same amount of license fees was determined by the licensing authority itself (but not more than the aforementioned maximum).

For each type of activity specified in Art. 17 Federal Law "On Licensing", a license is provided. The type of activity for which the license is issued can only be performed by the person who received it, i.e. there is no right of the licensee to transfer it to another person.

If the license is issued by the executive authority of the Russian Federation, then the activity can be carried out throughout the territory of the Russian Federation. If a license is issued by an executive authority of a constituent entity of the Russian Federation, then, as a general rule, it can be carried out only within the limits of this constituent entity. But in practice, there are often cases when the constituent entities of the Russian Federation "agree" among themselves that a license issued for a specific type of activity in one constituent entity is also valid on the territory of another constituent entity.

The term of the license cannot be less than five years (according to the old law - not less than three years). The term of validity of the license upon its expiration can be extended at the request of the licensee. The extension of the license validity period is carried out in the order of re-issuing a document confirming the existence of a license, i.e. the licensee has to pay the corresponding fee again, apply to the licensing authority, etc. Licensing regulations for specific types of activities may provide for an indefinite validity of the license.

The new Law on Licensing, unlike the previous one, does not provide for the ability of the licensing authority to refuse to renew the license. The progress of the law is evident: one of the administrative barriers on the way to entrepreneurial activity has been removed.

Licensing authorities have the right to suspend a license in the event that licensing authorities identify repeated violations or gross violation by the licensee of licensing requirements and conditions (see details below).

The licensing authority is obliged to establish a time limit for the licensee to eliminate violations that led to the suspension of the license. The specified period cannot exceed six months. If the licensee has not eliminated the indicated violations within the prescribed period, the licensing authority is obliged to apply to the court with an application to revoke the license.

Suspension of a license is a preventive measure of state influence aimed at preventing or suppressing the illegal activities of the licensee. Only the licensing authority that issued it has the right to suspend the license, the specified sanctions are applied if the last or another state body reveals violations of the license requirements and conditions by the licensee.

Suspension of a license is carried out at the discretion of the licensing authority that issued it, which should take into account the potential harmfulness of the violations identified or the public danger of damage to national or private interests caused by the actions of the licensee.

The licensing body has the right to suspend the license based on the results of its own supervisory activities or on the basis of violations identified by state bodies: the latter include not only specialized supervisory and control bodies, but also other public authorities, for example, internal affairs bodies, bodies Federal Service security of the Russian Federation (FSB), etc. Suspension of a license by the licensing authority is always preceded by its appeal to the licensee, which indicates violations of licensing requirements and conditions determined by federal law or licensing regulations approved by the Government of the Russian Federation. The decision of the licensing authority must determine the time period for eliminating the identified violations; failure by the licensee to comply with this decision within the specified time period may lead to the suspension of the license.

There is no license renewal fee. The validity period of the license is not renewed for the period of its suspension.

The license becomes invalid 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. In these cases, there is a renewal of the document confirming the existence of a license.

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, the licensee is a legal entity (its successor) or individual entrepreneur- is obliged, no later than fifteen days later, to 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. When re-issuing a document confirming the existence of a license, the licensing authority makes the appropriate changes to the register of licenses. 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 license may be canceled by a court decision on the basis of an application by the licensing authority if the licensee's violation of 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, etc.

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.

Licensing authorities can revoke a license without going to court in cases of non-payment by the licensee within three months of the license fee for granting the license.

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.

Appealing against decisions of licensing authorities refers to economic disputes and is carried out in accordance with Ch. 22 APC RF.

The licensee has the right to appeal against the said decision of the licensing authority by submitting a statement of claim to the arbitration court at the location of the defendant. The procedure for appealing directly to the arbitration court is due to the fact that the Law on Licensing does not provide for a procedure for settling a claim with a defendant.

The statement of claim must confirm the legal basis for the appeal. These may include: a) the disproportionality of the decision taken by the licensing authority to the harm caused by the licensee's offense, when the latter confirms the fact of the offense; b) denial by the licensee of the fact of an offense that entailed the suspension of the license. In the first case, in the statement of claim, it is necessary to provide justifications that the violations of the licensee could not entail socially dangerous consequences and the licensing authority should have chosen other, more humane sanctions.

The application of the licensing authority to revoke the license is also considered by the arbitration court at the location of the defendant.

The licensing body is not entitled to conduct inspections on the subject of jurisdiction of other state authorities and local self-government bodies.

Thus, the subject of licensing is a special circle of public relations that develop in the process of professional activities related to the granting, revocation, suspension, revocation of licenses, supervision over the implementation of licensing rules, and prosecution for violation of licensing relations. In other words, we are talking about public relations in terms of state influence on subjects carrying out a separate type of activity.

At the same time, when disclosing licensing legal relations, one cannot fail to notice their features, which are manifested:

- firstly, in the subjects, (on the one hand, the body of the state, and on the other - the entrepreneur);

- secondly, in the subjective law and legal obligations of the participants in these relations;

- thirdly, in objects (a certain type of activity).

Licensing relationships require a different combination legal means and techniques that influence the right on participants in public relations, resulting from the special properties of the subject legal regulation... This combination is manifested in the method of legal regulation, in which the legal impact takes on the character of permission, prescription, prohibition, agreement.

For legal characteristics licensing is of interest to consider a functional criterion, which includes a regulatory and protective function.

The systemic criterion for licensing includes the principles of licensing.

Clarification general provisions in the field of licensing allows you to focus on the study of the specifics of legal regulation, which currently suffers from shortcomings.