Licensing of certain types of activities, including entrepreneurial, is carried out on the basis of the federal law of August 8, 2001 No. 128-FZ with numerous subsequent changes (dated March 13, 2002; March 21, 2002; dated 09.12. 2002; January 10, 2003; February 27, 2003; March 11, 2003; March 26, 2003; December 23, 2003; November 2, 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 to carry out a specific type of activity subject to the obligatory observance of licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur. A legal entity or an individual entrepreneur who has a license to carry out a specific type of activity is called a licensee.
The license includes a list of powers that constitute 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 the specified special conditions object in which or with the help of which such type of activity is carried out. These requirements are primarily related to the potential for harm to the legitimate interests, morality and health of citizens, the interests of society and the state if such activities are carried out unskilled or poorly qualified.
Licensing is a type of state control. The issuance of licenses and control over compliance with license requirements and conditions is carried out by licensing authorities, i.e. orans federal government and executive authorities of the constituent entities of the Russian Federation that carry out licensing in accordance with the legislation on licensing (for example, 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 authorities that carry out licensing, and the List of types of activities, the licensing of which is carried out by the executive authorities of the subjects Russian Federation, as well as federal executive bodies that develop draft regulations on licensing these types of activities.
At the federal level, the licensing authorities are the ministries of transport, Agriculture, culture, interior, and some state committees- each within 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 metal scrap, public display of audiovisual works, if these activities are carried out in a cinema hall.
Regulations on licensing certain types of activities (provided in advance in the federal law!) are adopted at the level of the Government of the Russian Federation, and for certain types of activities - at the level of ministries of the federal level.
The Licensing Law establishes a unified list of licensed types of activities (more than one hundred types are listed in paragraph 17 of the Law). In addition, some other types of activities subject to licensing, in addition to the list given in Art. 17 of the Law on Licensing, 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 this activity.
Licensable activities include activities, the implementation of which may entail damage to the rights, legitimate interests, health of citizens, defense and security of the state, 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 that require obtaining 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 credit institutions. activities in the field of production and circulation of 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 Act. 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).
For each type of activity statutory, a separate license is provided. The type of activity for which a license has been granted can be carried out only by a licensed entity - a legal entity or an individual entrepreneur.
Activities for which a license has been granted by a federal executive body or an executive body of a constituent entity of the Russian Federation may be carried out throughout Russia. Activities for which a license has been 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 relevant 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 reissuing a document confirming the existence of a license. Regulations on licensing specific types of activities may provide for the perpetual validity of the license.
To obtain a license, the license applicant submits the following documents to the relevant licensing authority:
An application for a license indicating the name and organizational legal form legal entity, its location - for a legal entity; last name, first name, patronymic, place of residence, details of an identity document - for an individual entrepreneur; licensed type of activity that a legal entity or an individual entrepreneur intends to carry out;
Copies constituent documents and a copy of the document state registration a license applicant as a legal entity (with the presentation of the 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 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 consideration by the licensing authority of an application for a license;
Information about the qualifications of the employees of the license applicant or about the qualifications of the individual entrepreneur himself.
Except specified documents, the provisions on licensing specific types of activities may provide for the submission of other documents, the availability of which, when carrying out 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 to grant a license or to refuse to grant a license within a period not exceeding sixty days from the date of receipt of an application for a license with all the necessary documents. The corresponding decision is drawn up by order of the licensing authority. More short time making a decision to grant or refuse to grant a license may be established by the regulations on licensing specific types of activities.
The licensing authority is obliged within the same 60-day period to notify the license applicant of the decision to grant or justifiably refuse to grant a license - in writing indicating the details of the bank account and the deadline for paying the state fee for granting a license (if the decision is positive). Thus, if the decision is positive, 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 the validity period of the license.
Licensing authorities maintain registers of licenses for the types of activities they license.
The grounds for refusal to grant a license are:
The presence in the documents submitted by the license applicant of false or distorted information;
Non-compliance of the license applicant, objects owned by him or used by him with the license requirements and conditions.
It is not allowed to refuse to issue a license on the basis of the volume of products (works, services) produced or planned for production by the license applicant. In all cases, the license applicant has the right to appeal to the court the refusal of the licensing authority to grant a license or its inaction.
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 provided for by federal laws, the licensee is a legal entity (its successor) or individual an entrepreneur is obliged not later than fifteen days later to submit an application for reissuing a document confirming the existence of a license, with attachments of documents confirming the indicated changes or 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 exercise control over the observance by the licensee of licensing requirements and conditions within the competence granted to them by the Law on Licensing. These bodies have the right to suspend the license in case of detection by the licensing bodies of repeated violations or gross violation(assessment category!) by the licensee of license requirements and conditions for up to six months. There is no license renewal fee. The validity period of the license for the period of suspension of its validity is not extended.
If the licensee has not eliminated the said violations within the prescribed period, the licensing authority has the right (and is obliged) to apply to the court with an application to cancel the license. Only a court can cancel a license, but there is an exception: licensing authorities can cancel a license without going to court if the licensee fails to pay the state fee for issuing a license within three months.
The court may annul a license on the basis of an application from the licensing authority if the violation by the licensee of licensing requirements and conditions has resulted in damage to the rights, legitimate interests, health of citizens, defense and security of the state, cultural heritage of the peoples of the Russian Federation, or if the licensee has not eliminated the violations after suspension validity of the license Simultaneously with the filing of 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 its legal force in the event of liquidation of a legal entity or termination of its activities as a result of reorganization, with the exception of its transformation, or in the event of termination (for any reason!) of the certificate of state registration of a citizen as an individual entrepreneur, as well as the effective court decision to revoke the license.
The information contained in the register of licenses is open for familiarization 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 by organizations and individual entrepreneurs of the legislation on licensing in the course of entrepreneurial activity in cases established by law, entails administrative and criminal liability of the perpetrators for illegal entrepreneurship.
So, part 2 of Art. 14. 1 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability of citizens, officials and legal entities for carrying out entrepreneurial activities without a special permit (license), if such a permit is required. Punishment is provided in the form of a fine, the amount of which is established for each of these subjects separately. It is also possible to confiscate manufactured products, production tools and raw materials. With a literal interpretation of this wording, it seems to follow from this that confiscation can only be applied to entities that have manufactured products for sale without a license for manufacturing and sale. It appears that to trade enterprises in this case confiscation can also be applied if the seller sells products without the required license.
Part 3 of Art. 14. 1 of the Code of Administrative Offenses of the Russian Federation provides for the liability of citizens, officials and legal entities in the form of fines of various sizes imposed for carrying out entrepreneurial activities in violation of the conditions provided by a special permit (license).
For the same offenses (activities without a license, when it is necessary, or in violation of the conditions of licensing), criminal liability is also provided - Art. 171 of the Criminal Code of the Russian Federation.
The article contains three separate elements of crimes related to entrepreneurial activities: engaging in such activities without state registration of a legal or individual; without getting them in necessary cases licenses; in violation of the terms of the license.
The commission of the relevant offenses may entail criminal liability only if they caused major damage to citizens, organizations or the state, or if the income received as a result of these actions is large. Punishment for such crimes is established in the form of fines of various sizes, compulsory works arrest or imprisonment for up to three years.
An organization or individual entrepreneur can work in Russia only after state registration with the tax authority.
In the process of registering a new business, it must be borne in mind that some types of work and services require a special permit - a license. How it is formalized and what types of business activities require licensing, we will describe 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 a permit is required is quite impressive and changes frequently. It is contained in Art. 12 of the Federal Law of May 4, 2011 No. 99-FZ “On Licensing Certain Types of Activities”:
- production of medicines;
- transportation of passengers and goods by water, rail or air transport;
- passengers by motor transport 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 various legal forms and individual entrepreneurs are entitled to obtain permission. Ordinary citizens do not have the right 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 license applicants
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:
- real estate, equipment and technical means required to perform the declared activities (owned or leased);
- Availability staff members having a suitable education, qualifications and work experience in the specialty;
- availability of a production control system at the enterprise;
- conformity organizational form business requirements of the law. This rule does not apply to all jobs. An example is the alcohol production activity, which 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 licensing procedure 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 Decree of the Government of the Russian Federation of November 21, 2011 No. 957 “On the organization of licensing certain types of activities”. It lists all instances.
- Consideration of the application and making a decision
After transferring the package of documents to the licensing authority, its employees begin to verify 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. In the presence of violations, the issuance of a license is denied.
- Applicant Notification
In case of a positive decision, a notification is sent to the applicant indicating the details of the account and the deadline for paying the license fee.
A negative response is also sent in writing to the applicant. The document indicates the reasons for the refusal and links to relevant legal provisions.
The licensing authority is obliged to notify you in writing of the decision made.
The period of validity of a permit directly depends on the type of activity for which it is issued. The minimum period is 3 years, unless the applicant has specified a shorter period. The license is renewed at the request of its owner. The permit is valid throughout the territory of the Russian Federation.
Documents for licensing certain types of business activities
You will need to collect and submit the following papers to the licensing authority:
- license application;
- constituent documents of the organization or certificate of registration of individual entrepreneurs (copies);
- TIN (copy);
- documents confirming your compliance with the requirements of Law No. 99-FZ;
- receipt of payment of state duty;
- description 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 extended.
Documents can be submitted in three ways:
- bring it to the licensing authority in person;
- send by mail by registered mail with a description of the attachment and a notice of delivery;
- via the Internet - in the format electronic document signed with EDS.
If the employees of the licensing authority have identified errors in your application, or you have not attached 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 a new state fee.
The amount of the state duty for granting 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 is not true;
- the candidate does not meet the requirements of Law No. 99-FZ;
- the previously issued license was revoked (concerns 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 delaying the consideration of the application.
Refusal to issue a license is a reason to go to court.
Responsibility for carrying out entrepreneurial activities without a license
Violators are subject to administrative, tax or criminal sanctions:
- Administrative responsibility
Carrying out business activities without permission threatens liability under Art. 14.1 of the Code of Administrative Offenses of the Russian Federation. The legal entity will have to pay a fine of up to 50 thousand rubles, officials- up to 5 thousand rubles, for citizens - up to 2.5 thousand rubles. You may also have manufactured products, tools of production and raw materials confiscated.
- Tax Liability
Some types of activities are exempt from taxation (Article 149 of the Tax Code of the Russian Federation). If you are engaged in 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 for up to 5 years.
Working without a license is punishable by fines and sometimes jail time.
Registration of 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 successful and fast track procedures, it is best to seek the help of a lawyer.
In our country, novice entrepreneurs have the right to freely choose the scope of their future activities. However, from the authorities state power Citizens acting in such a capacity are subject to a number of requirements. For the implementation of certain types of entrepreneurship, a special permit is required from the authorized bodies. This applies to those areas that are directly related to the risk to life and health of people. It is worth dwelling in more detail on what the licensing procedure is, for what types of activities it is mandatory and what is the procedure for obtaining this document.
Licensing of certain types of entrepreneurial activity
Certain types of business activities in our country are subject to special licensing. This means that an entrepreneur has the right to carry out such activities only after obtaining a permit (license) issued by authorized authorities.
A license is a special document that gives the applicant the right to engage in a specific type of activity.
From the foregoing, we can conclude that licensing is the provision of licenses to business entities. However, this is not the only function of the licensing authorities.
The sale of alcohol is one of the activities subject to mandatory licensing.
Licensing is also associated with such actions:
- re-issuance of documents confirming the availability of licenses;
- suspension of licenses in case of violation by entrepreneurs of license requirements and conditions;
- renewal or termination of licenses;
- cancellation of licenses;
- control of licensing authorities over compliance by entrepreneurs with relevant licensing requirements and conditions;
- maintenance of registers of licenses;
- providing interested parties information from license registers and other licensing information.
Licensing of certain types of activities is carried out in order to prevent damage to the rights, legitimate interests, life and health of citizens, environment, objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, defense and security of the state.
The procedure for licensing certain types of activities is regulated by a number of legal acts.
Table: main documents regulating licensing in the Russian Federation
| Name of the normative act | Characteristic |
| Civil Code of the Russian Federation. | Contains a provision according to which a legal entity can engage in certain types of activities only on the basis of a license (part 3, paragraph 1, article 49). This norm of the Civil Code of the Russian Federation is predetermined by the provisions of the Constitution of the Russian Federation (Articles 8, 34, Part 3 of Article 55) and is fundamental in the system of legal support for licensing business activities. |
| Federal Law of August 8, 2001 No. 128-FZ “On Licensing Certain Types of Activities”. | The main legislative act regulating relations arising between public authorities and business entities in connection with the licensing of certain types of activities. |
| Decree of the Government of the Russian Federation of April 16, 2012 No. 291 "On licensing medical activities" | Governs the granting of licenses for medical activity. |
| The ordinance and federal laws govern pharmaceutical activities. |
| Federal Law “On Banks and Banking Activities” dated December 2, 1990 No. 395-1 (current version of October 4, 2014). | According to this law, a banking license is issued to a credit institution central bank RF after its state registration. |
| Federal Law of November 22, 1995 No. 171-FZ “On state regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” (as amended and supplemented on November 2, 2013). | Provides that licensing is subject to activities related to the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, with the exception of the purchase of ethyl alcohol, alcoholic and alcohol-containing products (in order to use them as raw materials or auxiliary material in the production of alcoholic, alcohol-containing and other products or for technical or other purposes not related to the production of these products) and the retail sale of alcohol-containing products, which are clearly listed in Art. 18. The said Law defines the procedure for issuing licenses and establishes that the documents submitted by the organization to the licensing authority for obtaining a license are registered and subject to examination by the licensing authority. |
| Law of the Russian Federation of November 27, 1997 No. 4015-1 “On the organization of insurance business in the Russian Federation” (as amended and supplemented on July 21, 2014). | Regulates the issues of licensing the activities of subjects of the insurance business. |
The list of documents regulating licensing in our country is not limited to the one presented above. As a rule, each type of activity has its own set of legal acts, which the entrepreneur is guided by.
Business Licensing Bodies
The issuance of licenses is carried out by the executive authorities of the constituent entities of Russia or local governments responsible for the area of activity subject to licensing.
Table: list of licensing authorities
Rosselkhoznadzor and Roszdravnadzor are responsible for issuing licenses in the field of medical and pharmaceutical activities.
Types of activities subject to licensing
An exhaustive list of such activities is presented. Consider the most common types of licensed business activities.
Table: list of activities for which a license is required
| Kind of activity | OKVED codes |
| Production, sale and use of pharmaceuticals and medical equipment, medical care | 46.46, 47.73, 21.20 |
| Educational and educational activities | 85.1–85.42.9 |
| Insurance and customs business | 69.10, 65 |
| Private security companies and detective agencies | 80.1–84.24, 70.90, 80.30 |
| Communication services | 61.10 |
| Manufacture and sale of alcohol | 51.34 |
| Business related to the use of natural resources | 01–09.90 |
| Rail and international cargo transportation | 60.10, 63 |
| Architectural and engineering construction, restoration works | 71.1–71.20.9 |
| Business in the field of international cooperation (travel agencies, tour operators) | 79.11–79.90.32 |
One of the most common activities subject to licensing is the provision of educational services.
Video: Licensing all types of waste management activities
The procedure for obtaining an IP license
Obtaining a license for a certain type of entrepreneurial activity requires the applicant to meet certain requirements. Depending on the status of a legal entity or individual entrepreneur, as well as the type of its entrepreneurial activity, the rules for obtaining may vary.
In most licensing cases, the license applicant must meet the following specific requirement or set of requirements. For example:
- own real estate, vehicles, equipment, etc.;
- maintain an active working headquarters;
- have professional education, work experience, etc.;
- have capital.
It should be taken into account that some activities are prohibited for individual entrepreneurship. This applies to:
- banking operations when creating a bank;
- activities for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products;
- works in the field of the use of atomic energy;
- activities for the organization and conduct of gambling in bookmakers and sweepstakes.
If a citizen is registered as an individual entrepreneur and meets the requirements put forward, he can proceed to obtain a license. The process can be schematically represented as an instruction.
Application for a license
At the first stage, the entrepreneur writes an application with a request to provide him with a license for the type of activity he has chosen. Sample application for a license to retail sale alcohol.
In the application, the IP indicates data of this kind:
- personal data of the entrepreneur (passport data);
- contact information (phone number, email address);
- main state registration number(OGRIP);
- taxpayer identification number (TIN);
- details of the document confirming the fact of payment of the state duty for granting a license;
- type of activity indicating the work performed, services.
The application for a license must indicate the identification number of the taxpayer
Collection of documents
- passports;
- photocopies of the certificate of state registration of IP;
- a notarized copy of the TIN or the original TIN and an uncertified copy;
- license applications;
- data on the qualifications of employees (if required).
It should be borne in mind that the list of documents can be expanded. Therefore, it is better to clarify in advance which documents are required in this case.
The certificate of state registration of an individual entrepreneur is one of the documents provided by a citizen to the licensing authority
Payment of state duty
Then the individual entrepreneur pays the state fee for consideration by the licensing authority of his application and attaches a receipt of payment to the package of documents. The amount of the state duty will depend on the specific type of activity. As a rule, the state duty is charged in the amount of 7500 rubles, but in some cases the license is more expensive.
Submission of documents to the licensing authority
All documentation is accepted by the licensing authority according to the inventory, the copies of which are marked with the date of acceptance.
A copy of the inventory with a mark on the date of receipt is handed over to the applicant or transferred to him in the manner in which the documents were received
Within three working days, the licensing authority decides whether to consider the application or return it if the documents do not meet the requirements (for example, they are not provided in full). If a decision is made to return the application, the applicant will be notified of the need to correct violations within 30 days.
Notification of the need to eliminate the identified violations is sent to the entrepreneur by registered mail or in the form of an electronic document.
Receipt of the finished document
After the application for a license is accepted, a decision is made to issue a license within 45 working days. The final decision is issued by order of the licensing authority. The license will be issued within 3 working days after its signing and registration.
The decision to issue the required document is made only if the licensee meets all the requirements put forward.
In case of refusal, the entrepreneur has the right to appeal such a decision in court.
It should be borne in mind that a license for the right to conduct certain activities is issued to a specific individual entrepreneur. The law does not provide for the right to transfer it to another person.
In case of loss of the form, the businessman has the right to apply to the local administrative authority with a request for a duplicate.
Comprehensive business license agreement: concept, meaning, legal features
A complex business agreement (franchising) is the provision by one party (the company selling its franchise) to the other party (the franchise buyer) of a set of rights.
Such rights are granted for a fee. They include the right to use the trade name of the copyright holder, trade secrets, as well as other objects intellectual property(trademark, service mark, etc.). The franchise agreement must also be registered. It is registered in the same body where the owner of exclusive rights is registered.
The right holder of a complex of exclusive rights is obliged:
- ensure the transfer to the user of the entire range of exclusive rights under the contract, instruct the user on the implementation of rights, provide other information necessary for the exercise of these rights;
- ensure registration of the franchise agreement;
- provide the user with ongoing assistance in the use of the exclusive rights transferred under the contract, including assistance in training and advanced training of personnel;
- control the quality of goods produced, work performed and services provided by the user on the basis of a franchise agreement.
The user of such rights is obliged:
- use the complex of exclusive rights received by him in strict accordance with the terms of the contract;
- pay the right holder the remuneration stipulated by the contract;
- to produce goods, perform work, provide services of the same reliability and similar quality as everything is done directly by the copyright holder;
- provide buyers (customers) with all the same services that would be expected directly from the right holder;
- not to allow the transfer of the received objects of exclusive rights to other persons without the consent of the copyright holder.
The contract in question is terminated as a result of the expiration of its validity period. Possibly also early termination by mutual agreement of the parties.
Integrated business license terminated unilaterally in the following cases:
- non-fulfillment by one of the parties of the terms of the contract;
- termination of the right holder's rights to the registered name, trademark etc.;
- changes in the company name and other exclusive rights belonging to the copyright holder (in this case, the user's unilateral refusal to execute the contract applies);
- conclusion of an agreement without specifying a period (termination of the agreement in such a situation may follow from the counterparty at any time);
- non-fulfillment by the right holder of his obligations to update technologies, train personnel, etc.;
- non-compliance with the rules of conservation trade secret, requirements for the protection of the intellectual property of the right holder;
- untimely payment of remuneration by the user;
- declaring the copyright holder or user bankrupt.
Validity of the license in time and territory
In most cases, a license is issued for an unlimited period, i.e., it is an indefinite document. However, in some cases, there is a restriction on the validity of licenses.
Examples of validity limits by type of activity:
- for audit activities - 5 years;
- on the retail alcoholic products- from 1 to 5 years;
- for work with state secrets - up to 5 years at the request of the applicant;
- for the provision of communication services - from 3 to 25 years;
- on the Passenger Transportation within the Russian Federation - 5 years (at the first application);
- to carry and store weapons - 5 years.
The validity of the license upon its expiration may be extended at the request of the entrepreneur.
An individual entrepreneur has the right to start carrying out his activities from the next day after the approval of the issuance of a license for him. Entrepreneurial activity can be carried out throughout Russia, regardless of the place of its issue, as well as in places of jurisdiction of the Russian Federation.
It should be borne in mind that the activities covered by licensing are checked by regulatory authorities.
Depending on the type of licenses, government agencies conduct IP inspections with varying intensity. Checks are based on the appeal of individuals or legal entities on the facts of possible violations in the work of a businessman. Based on the materials of the audit, an appropriate act is drawn up.
If within 1 calendar year the IP receives more than two negative reviews based on the results of the audit, the local regulatory authority has the right to cancel the issued license.
The license is suspended by the licensing authority in the following cases:
- violation of licensing requirements and conditions that create a direct threat to the life or health of citizens;
- non-compliance by the entrepreneur with the instructions of the licensing authority to eliminate the identified violations;
- failure to submit an application for reissuing a license or issuing a duplicate license to replace the lost one within the prescribed period.
Information on the suspension of a license shall be entered in the register of licenses.
The license is renewed after the entrepreneur fulfills all the instructions by decision of the licensing authority from the day:
- following the day of expiration of the term for the execution of the newly issued order;
- following the day of signing the act of verification, establishing the fact of early execution of the newly issued order.
Information about the renewal of a license is also entered in the register of licenses. If the established requirements have not been met, the authorized body makes a decision to cancel the license.
Responsibility for carrying out activities without a license
For carrying out activities without a license, the legislation provides different kinds responsibility:
- penalties (for citizens in the amount of two thousand to two thousand five hundred rubles);
- confiscation of illegally obtained income;
- deprivation of the right to engage in certain activities;
- participation in public works for a period of 180 to 240 hours;
- arrest for a period of 4 to 6 months;
- imprisonment for up to 3 years.
Entrepreneurs for lack of licenses may be subject not only to administrative liability, but also to criminal
Tax implications should also be taken into account. The application of tax benefits is impossible if there is no license to conduct the type of activity subject to licensing.
If we talk about liability, an example is the judicial act of August 1, 2006 in case No. 3–2/06, according to which the Arkhangelsk Regional social organization"Spiritual revival of the northerners" was subject to liquidation. This organization, using methods of psychological and psychotherapeutic influence during lectures and meditations, carried out medical activities without having an appropriate license. Thus, Art. 17 of the Federal Law "On Licensing Certain Types of Activities". Conducting mass meditations for the purpose of physical and spiritual recovery is a violation of Part 6 of Art. 57 "Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens", which prohibits mass healing sessions. These violations of the law are gross, which, in accordance with Art. 44 of the Federal Law "On public associations" and paragraph 2 of part 2 of Art. 61 of the Civil Code of the Russian Federation serve as the basis for the liquidation of the organization.
The licensing procedure combines a set of actions related to the provision, suspension, renewal, cancellation of licenses and re-issuance of documents confirming their existence. This is a type of state control aimed at protecting the rights and interests of citizens, their health and morality, as well as national security. For the implementation of certain types of entrepreneurship, obtaining a permit is considered mandatory, while the absence of a license leads to administrative and criminal liability.
Licensing of entrepreneurial activity.
Licensing is a type of state control aimed at ensuring the protection of the rights, legitimate interests, morality and health of citizens, ensuring the defense of the country and the security of the state.
Licensing - activities related to the granting of licenses, suspension and renewal of licenses, cancellation of licenses and control of licensing authorities over compliance by licensees in the exercise of licensed activities with the relevant licensing requirements and conditions.
The legal basis for licensing entrepreneurial activities is currently Article 49 of the Civil Code of the Russian Federation, Federal Law of September 25, 1998 No. 158-FZ “On Licensing Certain Types of Activities”, acts of the constituent entities of the Russian Federation that determine the procedure for licensing. In addition, the procedure for licensing specific types of activities is determined acc. provisions approved by the Government of the Russian Federation. On August 8, 2001, the President of the Russian Federation signed a new Federal Law No. 128-FZ “On Licensing Certain Types of Activities”. Licensing can be carried out by federal state authorities, as well as state authorities of the constituent entities of the Russian Federation in acc. with the Constitution of the Russian Federation and federal laws. Decree of the Government of the Russian Federation of April 11, 2000 No. 326 “On Licensing Certain Types of Activities” approved the list of federal executive bodies that carry out licensing. In Moscow, this activity is carried out specially by the creation of the Moscow Licensing Chamber.
The law provides licensing authorities with very broad rights related to their activities. Thus, within the framework of monitoring the compliance of the licensee with the license requirements and conditions, the licensing authorities have the right to conduct inspections of the licensee's activities; request and receive the necessary explanations and references; draw up, based on the results of inspections, acts indicating specific violations; make decisions obliging the licensee to eliminate the identified violations, set deadlines for the elimination of such violations; issue a warning to the licensee. The new law on licensing introduces the principle of establishing a single list of licensed activities. By virtue of this principle, the list of licensed types of activities can only be determined by the Federal Law “On Licensing Certain Types of Activities”. The introduction of licensing of other types of activities is possible only by making appropriate additions to this Law.
In order to become a licensee, that is, a person who has a license to carry out a specific type of activity, the license applicant submits the following documents to the relevant licensing authority: 1) Application for a license. 2) A copy of the constituent documents and a certificate of state registration as a legal entity or, accordingly, a copy of a certificate of state registration of a citizen as an individual entrepreneur. 3) A copy of the certificate of registration with the tax authority; 4) A document confirming the payment of the license fee for consideration of the application by the licensing authority. New law provided for a fixed amount of the license fee for consideration of the application - 300 rubles.
The grounds for refusal to issue a license can be: a) the presence of false or distorted information in the documents submitted by the license applicant; b) non-compliance of the license applicant, objects owned by him or used by him with the license requirements and conditions. Refusal to issue a license may. challenged by the applicant. The basis for reissuing a document confirming the existence of a license for a legal entity is its transformation or change in name or location.
For individual entrepreneurs, the basis for re-registration is a change in name or place of residence. In addition, the basis for reissuing is the loss of a document confirming the license. Licensing authorities have the right to suspend a license if they detect repeated violations or gross violations by the licensee of license requirements and conditions. The license loses legal. force: – in case of liquidation of legal entities. person or termination of the certificate of state registration of a citizen as an individual entrepreneur; - in case of reorganization of legal entities. faces, except for the transformation. The Law on Licensing also provides grounds for revoking a license.
There are two groups of such grounds and the corresponding two procedures for revocation of a license. 1) Administratively, that is, by the licensing authority itself without applying to the court, the license can be canceled if the licensee fails to pay the license fee for granting a license within three months; 2. In a judicial proceeding, based on the application of the licensing authority, the license is canceled: - if the licensee's violation of the license requirements and conditions has resulted in damage to the rights, legitimate interests, health of citizens, as well as the defense and security of state TV, the cultural heritage of the peoples of the Russian Federation; – in the event that the licensee fails to eliminate repeated or gross violations of license requirements and conditions after the suspension of the license.
Certain types of activities, the list of which is determined federal law dated 04.05.2011 No. 99-FZ “On Licensing Certain Types of Activities” ( Further- Law No. 99-FZ), legal entities and individual entrepreneurs can only be engaged on the basis of a special permit - a license. This list is exhaustive, therefore, those types of business activities that are not listed in it are not subject to licensing. What is the procedure for licensing business activities, we will consider in more detail in the material presented.
What is licensing and why is it needed
According to the provisions of h. 2 Article. 3 of Law No. 99-FZ, a license is a special permit for a legal entity or individual entrepreneur to carry out a specific type of activity (performance of work, provision of services that make up a licensed type of activity), which is confirmed by a document issued by the licensing authority.
Licensing implies the activities of licensing authorities in granting, reissuing licenses, extending the validity of licenses, exercising license control, suspending, renewing, terminating and canceling licenses, forming and maintaining a register of licenses.
The legislation of the Russian Federation enshrined several principles of licensing, regardless of the type of licensed activity:
- the type of activity permitted by the license can be carried out by the licensee throughout the territory of the Russian Federation, regardless of whether it is issued by a federal or regional executive authority;
Note!
In cases where a license is issued by a body of a subject of the Russian Federation, the implementation of the licensed type of activity on the territory of other subjects of the Russian Federation is possible only after the licensee notifies the licensing authorities of the relevant subjects of the Russian Federation.
- a 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, a license is not subject to transfer to another legal entity or individual entrepreneur, except in cases of succession during the transformation of a legal entity.
As a rule, the license is issued indefinitely, but in some cases regulations may be limited in time.
How to get a license
To obtain a license, it is necessary to follow a certain procedure, which includes, first of all, the submission to the appropriate licensing authority required documents. The list of licensing authorities is defined in Decree of the Government of the Russian Federation of November 21, 2011 No. 957 “On Licensing Certain Types of Activities”, as well as in regulatory legal acts that regulate the receipt of licenses for specific types of activities.
The license application must contain:
- for legal entities: full and abbreviated name, including the company name and 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 and the data of the document confirming the fact of entering information about legal entity in the Unified State Register of Legal Entities;
- for an individual entrepreneur: full name, place of residence, addresses of places where the licensed type of activity is carried out, passport, main state registration number of the entry on the state registration of the individual entrepreneur and data of the document confirming the fact that information about the individual entrepreneur was entered into the USRIP;
- TIN and data of the document on the registration of the license applicant with the tax authority;
- licensed activity.
The following documents are attached to the license application:
- copies of notarized constituent documents - for legal entities;
- a document confirming the payment of the state fee;
- 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 availability of which is provided for by federal laws when exercising a licensed type of activity.
Note!
The licensing authority is not entitled to require the applicant for a license to submit documents that are not provided for by law.
On the basis of the inspection carried out, the licensing authority makes a decision to grant or refuse to grant a license within a period not exceeding forty-five days from the date of receipt of the application and the documents attached to it. The specified decision is formalized by the relevant act of the licensing authority. Sometimes, for certain types of activities, shorter deadlines for making this decision are set.
What is subject to licensing
Licensing is subject to many types of activities that are listed in Art. 12 of Law No. 99-FZ:
- development, production, repair and testing of aviation equipment;
- processing of oil and gas and products of their processing;
- pharmaceutical activity;
- space activities, etc.
But in practice, for entrepreneurship, the most interesting are:
- educational activities;
- medical activity;
- passenger transportation activities;
- installation activities, maintenance and repair of fire safety equipment for buildings and structures;
- private security activities;
- provision of communication services and other types of activities in demand in the life sphere.
Obtaining a license for certain types of business activities is sometimes a complex and lengthy process, since some types of activities have specific characteristics and require the provision of additional documents. It is worth considering the fact that there are many by-laws that specify and detail the law on licensing. Whatever region of the country you live in, Moscow or on the periphery, our online consultants will help you sort out licensing issues for your activities in a short time.
Sample Application
To apply, you can use the prepared general form and fill it out.
The template is available for download and viewing.
Download sample license application (.docx)