License- a document of a state-established form that allows you to engage in one or another specific type entrepreneurial activity, which requires additional control by the state.

In practice, licenses are also abbreviated as license agreements (agreements) providing for the issuance of private law licenses. Example: license (permit) for construction.

Why do you need a license

Licensing - necessary condition for doing business in a number of specific areas.

To obtain a license, you must pass a series of checks and prepare a package of necessary documentation.

Licensing is established by the state only for types of business that may pose a danger to others (directly or indirectly). Licensees are therefore subject to more stringent scrutiny.

Types of licensed activities

Legislation Russian Federation certain types of licenses are established depending on which business area they belong to.

To date, the law identifies about 50 areas of activity for which a license is required.

The most typical types of licensed activities:

Lending.

Sale of alcoholic beverages.

Arms trade.

Production, installation and maintenance of medical equipment.

Trade and manufacture of narcotic drugs (for medical purposes).

Activities related to space travel.

Notary Services.

Insurance services.

Foreign economic operations.

Creation of taxi companies.

Pharmaceutical activity.

Services of private security agencies.

Work in the field of communications.

International passenger and cargo transportation.

Educational activities (opening schools, out-of-school educational institutions, universities, technical schools).

Types of licenses

In practice, the following types of licenses are distinguished:

Exclusive license. This type of permit documentation is aimed exclusively at the management of property (movable / immovable or cash). The peculiarity of this type of license is that it cannot be transferred to a third party. It is tied to the personality of the person to whom it is framed.

Simple license. This permission is tied not to the subject, but to the territory. A person who uses permits of this kind has extended powers.

Cross-licensing allows you to grant patent rights.

Full license. Most often, the state uses this type of permit to license a specific type of activity. Full permission allows you to operate with intangible benefits and rights (accordingly, the government provides permission to perform certain actions).

An electronic license is a type of permissive documentation that is issued in in electronic format via the Internet and does not have a paper duplicate.

The sublicense refers to an intellectual property right.

A patent (license agreement in the field of patents) is a document regulating relations in the scientific and technical field.

A license agreement (business license) is an agreement that is drawn up between two entities that are not related to the state. It can apply to both material and non-material rights.

The open license allows any (both commercial and non-commercial) use of the material and intangible goods, which can be obtained from the object to which the permissive documentation applies.

List of documents for obtaining a license

To obtain a license, you need:

an application for a license, drawn up in a certain form;

copies of documents evidencing the compliance of the license applicant with the licensing requirements (their list is determined by the regulation on licensing a particular type of activity);

plastic bag constituent documents organization and a receipt of payment of the state duty for granting a license.

Procedure for obtaining a license

Licensing takes place in several stages.

First you need to pay the state duty, since a receipt for its payment is included in the package required documents.

Then you need to collect all the documents necessary to obtain a license.

The statement states:

name and legal form of the company;

legal and actual address;

email address and phone number;

state registration number legal entity and the name of the registration authority with an indication of its address;

TIN and data of the document on registration with the tax office;

licensed type of activity;

details of the receipt for payment of the state duty;

data of documents confirming the compliance of the licensor with the requirements for the licensed type of activity.

The application, together with a supporting package of documents, is submitted to the relevant licensing authority.

If the documents are accepted for consideration, the licensing procedure itself begins. It takes 45 days, counting from the date of application. During this time, the licensing authority checks all received documents and the accuracy of the information indicated in them, as well as the applicant's compliance with the established requirements.

At the end of the licensing procedure, an order is issued to issue a license. 3 days after signing the order, it is handed over to the representative of the company.

License Validity Checks

Note that government agency The license issuer will review the organization periodically.

Inspections can be either scheduled or unscheduled. Graph and frequency scheduled inspections depends on the type of activity, they are usually held every 1-3 years.

Unscheduled inspections are carried out in cases of violations detected during previous inspections, if the body received a message about such violations, etc.

If during the inspection process the controller discovers violations, the organization is given 30 days to eliminate them. Otherwise, the license is suspended, and data on the revealed fact of violation are entered in a special register.

If the organization does not eliminate the identified violations after this period, the license is cancelled.

License: details for an accountant

• Non-compliance by the pharmacy with licensing requirements - the reason for the cancellation of the license

  At the address not specified in the license, the license must be reissued without fail. ... Ignoring the obligation of a pharmacy organization to reissue a license leads to litigation, ... activities. On the procedure for canceling a license Cancellation of a license is a significant sanction for allowed ... consideration of the application of the licensing authority. Cancellation of a license is preceded by suspension of its validity. ... pharmacies consequences in the form of revocation of the license. The license is canceled by a court decision ...

• Do I need to get a new "alcohol" license?

  Expiration of a previously issued license, you do not need to obtain new licenses. About renewal... days before the license expires). The license is extended subject to payment of the state ... ; change of other information indicated in the license; loss of license. By virtue of clause 12 ... in circumstances (except for reorganization), the license is reissued on the basis of the licensee's application ... the change or loss of the license that has occurred. For license renewal retail sale alcoholic...

• The license of the insurance company was revoked: the actions of the tour operator

  On the implementation of the tourist product, the license was revoked. What steps should the tour operator take... on the implementation of the tourist product, the license has been revoked. What steps should the tour operator take ... the function is performed by the Central Bank) on the revocation of a license is the basis for terminating the insurance ... to the tour operator financial security his liability, a license to carry out voluntary property insurance ... an insurer working with a tour operator, the license was revoked, the latter is obliged within 45 days ...

• Connection to EGAIS and license

  Locations separate subdivision the license shall indicate the registration data of the wagon - ... documents required to obtain a license for the retail sale of alcoholic products ... Qualifications of employees who have concluded with the applicant a license for the retail sale of alcoholic products ... which is mandatory for obtaining a license to carry out activities on. .. organizations seeking to obtain the appropriate license. * * * Applicant for a license for the retail sale of alcoholic...

• 7 steps if your bank's license was revoked

  The only current account, the license was revoked? Step one: alert counterparties... as the chain of revocation of banking licenses continues to unfold, consider... . If at the time of license revocation cash enterprises were kept on... and small banks with a basic license will be able to expand their clientele. ... to which an enterprise pays a loan, the license was revoked, some borrowers believe that ... tax accounting. After the revocation of the license, the funds remaining on the settlement ...

• Payment of tax under the simplified taxation system when revoking a bank license

  case? Answer: The issue of revoking a banking license is very painful for customers... regarding the payment of taxes when revoking a bank license, the issue is complex. Tax... payment of tax in the event of revocation of the bank's license, in which it is impossible for the taxpayer... to predict that the bank's license will be revoked. In practice, the tax authorities... this bank had its license revoked. At the same time, there are restrictions on ... making a payment through a bank that has lost its license. Such evidence may be the following ...

• About changes in legislation from 2020

  An address not specified in the license is not allowed before the license is reissued. However... the activities specified in the license will not require reissuance of the license (clause 1.1 ... it is supposed to refuse to provide licenses in paper form in favor of ... making an entry on the grant of a license in the register of licenses. Familiarizing interested parties ... with the fact whether the applicant has a license will be carried out by applying ... to the relevant registers of licenses, which are open and ...

• Transformation of accounting (financial) statements: practice of carrying out

  Interest receivable; reclassification of mining licenses; reclassification... of deposit life or license term, if the latter is shorter (method... 966 - (4,393) Reclassification of mining licenses 2880 ... 124,785 Reclassification of mining licenses Licenses for mining... data according to IFRS, it is necessary to reclassify licenses into the group of main ... "Producing assets" Table 19. Reclassification of licenses for the extraction of mineral resources thousand...

• Acquisition of software under a sublicense agreement: how to take into account

  Acquired under a sublicense agreement a non-exclusive license for the right to use programs for ... accounting and tax accounting the cost of licenses? The organization acquired under a sublicense agreement... a non-exclusive license for the right to use programs for... accounting and tax accounting cost of licenses? On this issue, we are... software, in particular server licenses, program licenses. Term of use...

• About licensing of pharmaceutical activities

  Presence in the application submitted by the license applicant for the grant of a license and (or) attached ... during the verification, the license applicant does not comply with the license requirements. Therefore, when ... and the procedure for terminating a license and canceling a license is provided for by Art. 20 called ... by the licensing authority of verification of the documents submitted by the license applicant in relation to the indicated ... execution of a sanitary and epidemiological conclusion and a license due to the implementation of a pharmaceutical ...

• The procedure for accounting for expenditures on the development of natural resources

  In order to acquire a license, the cost of the license agreement (license) is formed, which is taken into account ... in the license agreement of the taxpayer (license for the right to use subsoil). ... incurred by the taxpayer - the former license holder, are accounted for by him in the manner ... subsoil taxpayer - the former license holder continues to account for the expenses incurred ... organizations: the taxpayer - the former license holder (parent company) continues to account for the costs incurred ...

• Responsibility for violations committed in case of emergency

  medical room kindergarten worked without a license to carry out medical activities (that ... extracting a tooth root without an appropriate license, and this, according to ... day, a person acting without a license would be held accountable ... consequences). In the example of a medical or educational license... the medical staff of this kindergarten acted without a license in an emergency situation (for example, ... all activities aimed at obtaining a license, and provided relevant evidence. ...

• On payment of tax through a troubled bank

  Revoke a credit institution's banking license... . Upon revocation of the bank’s license to carry out banking operations (in ... fulfilled its tax obligation, if the license was revoked after the taxpayer committed ... the bank’s license was not revoked, it was not recognized ... On 12.2008, the bank’s license to carry out banking transactions. ... in the future, this bank has a license and is aware of ... and the probable revocation of its license. The bank's liquidity ratios are determined by ...

• Review of legal positions on taxation issues reflected in the judicial acts of the Constitutional Court and the Supreme Court of the Russian Federation in the IV quarter. 2019

  An application for the extension of the license for the retail sale of alcoholic beverages ... to the company in the extension of the license. Assuming that the information provided by the Inspectorate ..., who applied for a license, debts for any type of payment ... by the body of a positive decision to issue a license, does not depend on the nature and ... with an application for renewal of the relevant license (10.11.2017 ) debt to ... to refuse to renew the license of the company, in connection with which ...

• New excisable goods: from grapes to wines and more

  Clause 4 of the named article: a copy of the license for the production, storage and supply ... of produced wine materials; a copy of the license for the production, storage and supply ...) of sparkling wine (champagne) or a copy of the license for the production, storage, supply and ... to the property of persons having the appropriate license for their use in the production ... to the tax authority of a copy of these licenses, provided that the details of...

A license is a permit for the right to carry out a specific type of activity, which is issued by a special licensing authority. To obtain a license, the applicant must meet certain requirements and pay a state fee.

Who needs to get a license?

Article 12 of the Law "On Licensing certain types activities" dated 04.05.2011 No. 99-FZ provides a list of activities for which licenses are required. There are 51 of them in total, among them:

• activities related to encryption and protection of information;
• activities related to weapons and military equipment;
• production of medicines and medical equipment;
• security and detective activities;
• provision of communication services, television and radio broadcasting;
• production of copies of audiovisual works, computer programs, databases and phonograms on any media;
• educational activities;
• pharmaceutical and medical activities;
• transportation by water and air transport;
• transportation by rail passengers and dangerous goods;
• transportation of passengers by vehicles equipped for transportation of more than eight people.

Licensing requirements

A license can be obtained only if certain requirements are met: availability of a technical base (premises, equipment, special documentation); workers with the necessary qualifications and specialties; production control systems; the size of the authorized capital, etc. These requirements are given for each type of licensed activity in separate Regulations approved by Government resolutions.

For example, license requirements for the carriage of passengers by road are specified in Government Decree No. 280 dated April 2, 2012. The applicant for such a license must have:

• vehicles that match technical requirements for the transportation of passengers and equipped with GLONASS satellite navigation equipment;
• premises and equipment for the maintenance and repair of vehicles;
• drivers of vehicles who have concluded with him employment contract or a contract for the provision of services that have the necessary qualifications and work experience, as well as those that have passed a medical examination;
• pre-trip specialist medical checkup drivers of vehicles or the existence of an agreement with a medical organization or individual entrepreneurs who have the appropriate license.

You can familiarize yourself with the requirements for issuing licenses for your type of activity by contacting the relevant licensing authority. We will consider the requirements for obtaining a license to sell alcohol below, in a separate section.

Documents for obtaining a license

An application for a license and a package of supporting documents specified in Art. 13 of the law of 04.05.2011 No. 99-FZ. Considering that types of activities controlled by different services are subject to licensing, the forms of such applications will differ. As an example, we suggest that you familiarize yourself with the application for a license for passenger road transport.

The application must indicate the name, legal form, location of the applicant; licensed type of activity; TIN; extract data from the USRIP or USRLE; information about the payment of state duty.

In addition to the application, copies of documents are submitted, the list of which is determined by the regulation on licensing a particular type of activity and which indicate the applicant's compliance with licensing requirements, as well as an inventory of all documents. About what documents are needed, you need to find out from the licensing authority or independently find the appropriate regulatory legal act.

The requirement to submit notarized constituent documents was abolished by law No. 307-FZ of October 14, 2014, so if you are required to have such copies (and they are still specified in some Administrative Regulations for obtaining licenses), you can refuse to comply with such a requirement, referring to this law.

The list of information specified in the application and the list of documents attached to it is exhaustive (Article 13 (4) of the Law of 05/04/2011 No. 99-FZ), that is, you should not be required to provide other documents.

How much does a license cost?

The amount of the state fee for a license is established by Article 333.33 of the Tax Code of the Russian Federation. The article is very large, so we will tell you where to look. We find paragraph 1 subparagraph 92. The amount of the state duty is 7,500 rubles for all types of licensed activities, except for:

• banking operations (0.1% of the authorized capital, but not more than 500 thousand rubles);
• production, storage, purchase, supply of ethyl alcohol and alcoholic products (from 800 thousand to 9.5 million rubles);
• retail sale of alcoholic products - 65 thousand rubles for each year of the license;
• business management apartment buildings- 30 thousand rubles.

Draw your attention to - the state duty is paid once for the entire term of the license. In general, the term of the license is not limited, but for some types of activity it is established (with the possibility of extension), for example, the term of an alcohol license should not exceed five years.

In case of refusal to issue a license stamp duty is non-refundable. In 2013, the Constitutional Court considered a case on the return of 40,000 rubles to the applicant in connection with the refusal to issue a license for the retail sale of alcohol (Resolution of the Constitutional Court dated May 23, 2013 No. 11-P). On this issue, even the judges themselves did not agree, one of them expressed a dissenting opinion, the essence of which is “Formally correct, but in fact it is a mockery.” Based on this, before paying for a license, we recommend that you first contact the appropriate licensing authority to make sure that you can meet the necessary requirements for obtaining it.

How to get a license?

After you have found the contacts of the licensing authority, prepared the necessary documents and paid the state fee, you need to apply for a license. Documents can be submitted:

• personally, during a visit to the licensing authority;
• by registered mail with acknowledgment of receipt;
• in the form of an electronic document signed with an electronic signature.

Upon receipt of the documents, the license applicant is issued a copy of the inventory with a note on the date of acceptance (in person or by registered mail with acknowledgment of receipt). If an incomplete set or violation of the requirements is found in the submitted package of documents, then within three working days from the date of receipt of the application, the applicant is given (sent) a notification about the need to eliminate the violations within thirty days. After the elimination of violations, a reasoned decision to consider the application for a license or to return the application is made within three working days.

If there were no claims to the documents, then the decision to issue a license is made within five working days, and the license itself is handed over to the licensee or sent to him by registered mail with notification within three working days after this decision. It is also possible to obtain a license in the form of an electronic document, if it was indicated in the application.

The issuance of a license may be refused, then the decision on this must indicate the reasons for the refusal with references to regulations or details of the license applicant's verification report, if the refusal was based on non-compliance with license requirements.

A license is issued according to a standard form approved by Decree of the Government of the Russian Federation of October 6, 2011 No. 826. If the license has been damaged or lost, then you can get a duplicate of it in the manner prescribed by Article 17 of Law No. 99-FZ.

The license is valid throughout the Russian Federation, but if the licensee changes the region of activity, he must inform the licensing authority of that subject of the Russian Federation (territory, region, republic) where he is going to work.

How to get a license for alcohol?

Retail sale of alcoholic beverages, including beer, is a fairly popular activity for our users, so we will tell you more about how to get an alcohol license. The licensing of this type of activity is regulated by special law No. 171-FZ of November 22, 1995. First, let's clarify the issue of selling beer (as well as beer drinks, cider, poiret, mead).

Beer is an alcoholic product, but its sale is regulated by separate provisions of the law. The sale of beer is not subject to the special requirements for the retail sale and consumption of alcoholic products specified in Article 16 of Law No. 171-FZ, and You don't need a license to sell beer.

Since 2013, it has been possible to sell beer only in stationary facilities (shops), but there are no specific requirements for their area, as for the sale of other alcoholic products. In urban settlements, for the sale of beer, it is necessary to apply cash machine even on UTII and PSN modes. And one more difference between beer and other alcohol - it can be implemented not only by organizations, but also by individual entrepreneurs.

As for alcohol in general, obtaining a license for its production and circulation, in addition to Law No. 171-FZ, is also regulated by a special Administrative Regulation. Documents for obtaining a license for the production of alcohol are different from those that are submitted for obtaining licenses for other types of activities. In our article we will consider the licensing requirements only for the retail sale of alcohol, because it makes sense to consider the requirements for its production, storage and wholesale turnover separately.

To obtain a license, an applicant must:

• be a legal entity (individual entrepreneurs cannot sell alcohol, except for beer);
• own or long-term (from a year) lease stationary retail facilities and warehouses;
• the total area of ​​such premises for the retail sale of alcohol must be at least 50 square meters. m in urban areas and at least 25 sq. m in the countryside;
• when selling alcohol in urban areas, the licensee must use a cash register, even if he is a UTII payer;
• have an authorized capital of a certain amount (the requirement is established by regional licensing authorities), but not more than 1 million rubles.

Regional licensing authorities may establish other additional requirements, so before collecting the necessary documents and paying the state fee, please contact detailed information to the appropriate district department of Rosalkogolregulirovanie. Their contacts, as well as the license application form, can be found in the Administrative Regulations.

Reissuance, suspension and renewal of a license

If the data specified in Article 18 of Law No. 99-FZ changes with the licensee, you need to apply to the licensing authority for renewal of the license. Re-registration is required in the following cases:

• reorganization of a legal entity;
• changes in personal data and place of residence of the individual entrepreneur;
• change of legal address and name of the organization;
• change of the address where the licensed type of activity is carried out.

The procedure for reissuing a license is given in the article in Article 18 of Law No. 99-FZ, the amount of the state duty is from 600 to 2600 rubles.

The licensing authority not only issues licenses, but also monitors the activities of the licensee. If in the course of a scheduled or unscheduled inspection violations of license requirements are found, an order will be issued to eliminate them, and if this does not happen within the specified period, then license may be suspended(Article 20 of Law No. 99-FZ), It is prohibited to conduct licensed activities for the period of suspension.

After the requirements of the licensing authority are met, the license is renewed. Information on the suspension and renewal of licenses is entered in a special register.

Cancellation and Termination of a License

In case of non-compliance with the requirements due to which the order was issued or the activity of the license was suspended, it must be canceled at the suit of the licensing authority. The license is terminated within 10 working days after such a court decision.

The license may be terminated and on a voluntary basis If:

• an application has been submitted to terminate the licensed type of activity;
• terminated activity individual as an individual entrepreneur;
• activity of a legal entity has been terminated (except for reorganization).

When the activity of an individual entrepreneur or legal entity is terminated, it is not necessary to report this to the licensing authority, this will be done by the tax inspectorate.

Responsibility for operating without a license

For violation of licensing laws, administrative liability is provided for:

• for activities without a license under article 14.1(2) of the Code of Administrative Offenses of the Russian Federation: a fine for organizations from 40 to 50 thousand rubles, for individual entrepreneurs - from 4 to 5 thousand rubles, while confiscation of products, production tools and raw materials is allowed;
• for activities in violation of the terms of the issued license under article 14.1(3) of the Code of Administrative Offenses of the Russian Federation: a fine for organizations from 30 to 40 thousand rubles, for individual entrepreneurs - from 3 to 4 thousand rubles;
• for activities with gross violation terms of the issued license under article 14.1(4) of the Code of Administrative Offenses of the Russian Federation: a fine for organizations from 40 to 50 thousand rubles, for individual entrepreneurs - from 4 to 5 thousand rubles or an administrative suspension of activities for up to 90 days;
• for activities without a license in the production and sale of alcohol under article 14.1(17) of the Code of Administrative Offenses of the Russian Federation: from 200 to 300 thousand rubles with the possibility of confiscation of products, equipment, raw materials, semi-finished products, vehicles or other items used for production and circulation.

If, at the same time, activities without a license caused major damage to citizens, organizations, the state or brought income on a large scale (more than 1.5 million rubles), then it is possible to attract and to criminal liability under article 171 of the Criminal Code of the Russian Federation - a fine of up to 300 thousand rubles or arrest for up to six months.

Legislation regulating the sphere in Russia educational services, V last years changed quite significantly. On the one hand, now training can be carried out not only government agencies, but also commercial organizations On the other hand, compulsory licensing of any such activity was introduced. That is why the question of whether an educational license is needed in this or that case has acquired particular relevance.

If you need a turnkey educational license without unnecessary bureaucracy, then order its registration from professionals.

Legislative acts defining the need for an educational license

Before considering the types of services when a license is needed for educational activities, it is necessary to list the main legislative acts regulating the field of education at the present time. These include:

• Law "On Education in the Russian Federation" No. 273-FZ, issued on December 29, 2012
• Law "On Licensing ..." No. 99-FZ, signed on 04.05.2011
• Decree of the Government of the Russian Federation No. 966, dated October 28, 2013

The first two of these Federal Laws contain the main provisions governing the provision of educational services. Especially many innovations are contained in the recently adopted Law on Education. It contains an affirmative answer to the topical and topical question of whether an educational license is needed.

Decree No. 966, developed and signed a little later, contains a specific list of services when an educational license is needed, as well as a description of cases when it is not required.

Types of educational services that require a license

The above legislative acts provide for the mandatory acquisition of a license for educational activities if an organization or individual entrepreneur provides services for preschool, general, vocational, additional professional education or vocational training. For a more accurate idea of ​​the specific types of educational activities that are subject to licensing, each of them should be considered separately.

Preschool and secondary general education

The type of educational activity that absolutely every person faces. Following changes to federal law, similar services can be provided by both non-profit and commercial organizations. However, they are required to obtain a license.

Professional education

One of the most common types of educational services. It includes four levels:

• secondary vocational;
• higher education with a bachelor's degree;
• higher education with a master's or specialist's degree;
• higher with the training of specialists of the highest category (postgraduate study, internship, residency).

Only educational organizations have the right to engage in vocational education.

Additional professional education

This type of educational service can only be provided by non-profit organizations. There are two main types of educational programs, the purpose of which is:

• training;
• professional retraining.

Professional education

Educational services for vocational training can also be provided by any organization, both commercial and non-commercial. There are three types of programs:

• training of workers by profession, employees by position;
• retraining of workers and employees;
• advanced training of workers and employees.

The types of services listed above contain an almost complete list of situations when a license for educational activities is needed.

Cases where a license for educational activities is not required

Currently current legislation only one case is envisaged when a license for educational activities is not required. It is a situation in which the service is provided personally by an officially registered individual entrepreneur. At the same time, he cannot hire other specialists, working only independently. Examples of such activities are the services of a tutor, a private teacher with the necessary work experience and education. Also, without a license, personal conduct of circles, sections or studios is allowed, carried out by an individual entrepreneur without the involvement of additional specialists.

Prior to the entry into force of Decree No. 966, obtaining a license was not required in cases where, as a result of study, attestation was not carried out, and a final document on the education received was not issued. Examples of such situations are trainings, seminars or lectures. Last changes led to the fact that this activity can be carried out without a license, but this is due to the fact that it is not educational. According to the new classification, such services are classified as cultural or leisure.

Quite often, when organizing a particular business activity, the question may arise whether a license is needed for an individual entrepreneur or not? In fact, the answer to the question may directly depend on what kind of activity the entrepreneur is going to do. Let's consider this issue in more detail.

What is a license

A license for an entrepreneur is a special document issued by an authorized state organization, which confirms that the license holder has the right to engage in the specified activity. It is understood that the owner complies with all necessary legal, technical, medical and other regulations designed to make his activities safe and consistent with quality standards.

It is necessary to obtain a license in Russia in order to engage in the following activities:

• sale of medicines and pharmaceuticals (pharmacy);
• provision of medical services;
• detective activity;
• any activity in the field of railway or air transport;
• and cargo by sea and river transport.

Legal basis for obtaining a license

Licensing of entrepreneurs, as well as persons on the other legal form organization (LLC and JSC) is carried out by a special commission, which includes, in addition to authorized employees, experienced representatives of a particular profession.

Until 2002, the number of activities that were subject to compulsory licensing was measured in dozens. Then the number of such activities was reduced to a minimum in order to promote the development of small businesses. However, some legal requirements continue to change.

So, for example, veterinary activities could well be carried out as an individual entrepreneur until 2008. However, since then, some animal drugs have been classified as narcotic substances. Therefore, their use became possible only if there was an appropriate license, which individual entrepreneurs cannot obtain - only LLCs. As a result, some individual entrepreneurs in the field of veterinary medicine curtailed their activities, while others re-registered as LLCs.

Individual entrepreneurs are also not allowed to engage in certain types of activities, including:

• production, sale and purchase of narcotic drugs, poisons and certain types of medicines;
• development and design of military products;
• production and sale.

Why do you need to have a license?

Many entrepreneurs are trying to find a way around the law regarding licensing. This is not the most reasonable step, especially now, when Rospotrebnadzor has the ability to control activities almost anywhere in the city, and all settlement operations are carried out using data networks. To avoid administrative fines and penalties for operating without a license, you can always give preference to one of those activities for which licensing is not required.

However, we should not forget that some types of products require, among other things, the availability of certificates of conformity. And for some activities, sufficient capital is required (for example, for insurance premiums in tourism). Legislative requirements should not be taken lightly to avoid problems.

Knowing how to obtain a license for a particular type of activity, the future individual entrepreneur has the opportunity to prepare and provide for all the conditions specified in the relevant legislation. In some cases, you can even decide to organize an LLC or OJSC instead of an individual entrepreneur.

Requirements for obtaining a license

The specific requirements that apply to the prospective licensee depend heavily on the type of activity in question. So, if an individual entrepreneur plans to engage in medical activities (for example, to open dental office) or selling medicines in your own pharmacy, then the requirements are not only sanitary and not only for the premises. It is also about the qualifications of the employees who will be hired. Noticeable advantages in this case will be the presence of the entrepreneur himself medical education and organization of additional services for clients. These are optional conditions, but they can contribute to a positive decision of the licensing commission.

If it's about transportation for passengers, it is necessary that the vehicle that will be used for these purposes pass technical control and comply with all safety standards. It is also necessary that the driver vehicle had the appropriate qualifications, and the route was agreed with authorized control organizations.

How to solve possible problems?

When an IP needs a license, they may face many small problems, including non-compliance with certain requirements (for example, lack of the necessary education). However, the problem of lack of knowledge on a particular issue may arise first of all. To avoid this, you need to either familiarize yourself with the texts of the relevant laws on your own, or contact competent specialists.

Of course, consulting services in this case will not be free, but they are guaranteed to avoid ignorance and any problems in the future that may arise if the requirements are not met. The presence of a license guarantees the entrepreneur peace of mind and the absence of unforeseen situations during the entire period of its validity. It will be possible to engage in the chosen activity without fear of anything.

According to the Federal Law of May 4, 2011 No. 99-FZ "On Licensing Certain Types of Activities", licensing is carried out in order to respect the rights, life or health of citizens, the country's defense capability and security, as well as the requirements for the protection environment and architectural monuments. Getting a license is prerequisite conduct business if your company's activities may affect or even violate any of the above points.

How to get a document, what is it and what requirements should a potential licensor meet? Look for answers in our article.

What is licensing: the letter of the law

A license is a special permit document that allows you to carry out certain activities. Accordingly, licensing is the process of issuing, renewing and revoking such permission. The procedure for licensing is regulated by the above law (hereinafter - No. 99-FZ).

The presence of a license guarantees the consumer safety, the receipt of services or works of the declared quality, their compliance with all standards, established by law or other legal acts.

A license applicant can be both a legal entity and an individual entrepreneur. Numerous government agencies issue licenses. Which one should you contact? It depends on the type of activity. For example, a license for the provision of many types of cargo transportation services is issued by the Federal Service for Supervision in the Sphere of Transport, audit companies receive licenses from the Ministry of Finance of Russia, licenses for the production of medical equipment and the provision of medical services are issued by Roszdravnadzor, and for a license to provide security services, you need to apply to the Ministry of Internal Affairs of Russia . In total, in our country there are almost 30 state bodies involved in licensing activities.

The responsibility of such bodies is not only the issuance of licenses, but also their annulment, suspension, maintenance of registers of organizations that have received a license, as well as monitoring compliance with the relevant conditions.

There are also private commercial organizations that provide consulting assistance in licensing - they help to collect a package of documents and overcome all bureaucratic obstacles.

It is important to remember that licensing activities is not an act of goodwill on the part of the entrepreneur, but a requirement of the law, for the violation of which sanctions are provided.

What types of activities are subject to licensing

Today, the law identifies about 50 areas of activity for which a license is required. In particular, the following are subject to licensing:

• lending;
• any activity, one way or another related to the protection of state secrets;
• production and circulation of ethyl alcohol and products containing alcohol;
• communication services;
• pharmaceutical activity;
• services of private security agencies;
• production, installation and maintenance of medical equipment;
• exchange activity;
• services in the field of customs;
• Notary Services;
• insurance services;
• foreign economic operations;
• international passenger and cargo transportation;
• sale of weapons and ammunition;
• use of the results of intellectual activity;
• television and radio broadcasting;
• usage natural resources;
• educational activities and more.

This is just the main part of the extensive list of activities for which a license is required.

Important!
The list of most types of work and provision of services that require licenses is contained in Article 12 of Federal Law No. 99-FZ. This licensing is subject to industry laws. For example, credit institutions obtain licenses in accordance with the norms of the Federal Law of December 2, 1990 No. 395-1 “On Banks and Banking Activity”.

Wanting is not getting a license: requirements for organizations

The licensing procedure is quite complicated and requires the applicant to meet certain requirements. Need to have relevant activities technical base(and necessary equipment must be owned and have proper documentation), premises, a staff of qualified specialists, a production control system, an authorized capital of a certain size, no debts, and much more.

On a note
According to article 333.33 of the Tax Code of the Russian Federation, for most types of activities, the state duty for obtaining a license is 7,500 rubles. But there are exceptions to this rule. For example, to obtain a banking license, you will have to pay 0.1% of the authorized capital, but not more than 500,000 rubles. A license for the production of alcohol-containing products costs from 800,000 rubles, and for the retail sale of alcohol - 65,000 rubles per year.

There is no short and simple answer to the question of how to obtain a license, at least because the rules and conditions for licensing depend on the type of activity for which a license is obtained.

However, regardless of the type of activity, obtaining a license requires:

• application for a license, drawn up in the form;
• copies of documents evidencing the compliance of the license applicant with the licensing requirements (their list is determined by the regulation on licensing a particular type of activity);
• a package of constituent documents of the company;
• receipt of payment of state duty for granting a license.

Procedure for obtaining a license

The licensing procedure involves the passage of several stages.

First you need to pay the state duty, since the receipt of its payment is included in the package of necessary documents. Then you need to collect all the papers that will be needed to obtain a license, and here you should be extremely careful, since the absence of even one document will become an obstacle in obtaining a license.

• name, legal form of the company, legal and actual address, email address and telephone number, state registration number of the legal entity and the name of the registration authority, indicating its address;
• TIN and data of the document on registration with the tax service;
• licensed type of activity;
• details of the receipt for payment of the state duty;
• data of documents confirming the compliance of the licensor with the requirements for the licensed type of activity.

The application, together with a supporting package of documents, is submitted to the relevant licensing authority. According to the Decree of the Government of the Russian Federation of July 16, 2012 No. 722 “On approval of the Rules for the provision of documents on licensing issues in the form electronic documents”, submission of electronic documents is allowed.

By law, within three working days you will be informed whether the documents have been accepted for consideration. A positive answer does not mean that the license is already practically in your pocket - it only says that the documents have been provided in full. It also happens that the licensing authority refuses to accept papers, as a rule, this is due to the fact that some document is missing. Then officials issue a notice about the need to eliminate the defect. 30 days are allotted for this.

If the documents are accepted for consideration, you will have to be patient. The licensing procedure takes 45 days from the date of application. During this time, the licensing authority will check all the papers and the accuracy of the information indicated in them, as well as the applicant's compliance with the requirements. After that, an order for issuing a license is issued. Within three days after signing the order, it is handed over to the representative of the company or sent to him by post.

A license to operate is not only rights, but also obligations. Remember that the government agency that issued your license will check you periodically. Inspections can be either scheduled or unscheduled.

The schedule and frequency of scheduled inspections depends on the type of activity, usually they are carried out every one to three years. If the controller discovers violations during this review, you will have 30 days to correct them. Otherwise, the license will be suspended, and data on this fact will be entered in a special register. In case of ignoring the requirements by the businessman, after the expiration of the designated period, the license is canceled.

Unscheduled inspections are carried out when violations are detected during previous inspections, when reports of such violations are received by the body, and so on.

Sometimes circumstances are such that the license has to be reissued. The reissuance procedure is in many ways similar to the process of obtaining a license, however, the state duty in this case is less, and its size depends on the reason for reissuance. If the reissuance of an activity license is required when reorganizing a legal entity, changing the legal address and name of the company, or changing the actual or legal address of the activity, the cost of the procedure will be 3,500 rubles. In other cases, the reissuance fee is usually 750 rubles.

Although the process of obtaining a license may seem troublesome, obtaining this paper is necessary. Working without a license is considered an administrative offense and is punishable by fines, confiscation of products, production equipment, raw materials, and in some cases - suspension of activities.

Preparation for obtaining a license is not an easy and painstaking task, requiring special attention. However, this is a perfectly feasible procedure. If you are still not sure that you did everything right, it is better to start the procedure with a consultation with a reliable law firm that provides support at all stages of obtaining an activity license.

Help with licensing

About who and how can help with obtaining, reissuing or renewing a license, says the chairman of the Moscow Bar Association, candidate of legal sciences Victoria Anatolyevna Shakina:

“Licensing is especially relevant for new companies or organizations that are expanding the scope of their activities. And legal support for business, including assistance in obtaining or reissuing a license, is one of the main and most demanded areas of work of the Moscow Bar Association "YurCity". And this is not surprising: obtaining a license is a laborious process and requires knowledge of the specifics. In the absence of experience and skills in working with legal documents the chances of an applicant being denied a license are too high. As a result, this can lead to serious losses due to the impossibility of the full functioning of the company in the chosen industry.

You can minimize the risk of rejection by contacting experienced lawyers. Our specialists will help determine the client's readiness to obtain a license, assess the risks and develop measures to neutralize them, competently prepare the application documentation, monitor its passage through all stages of each bureaucratic procedure and approval. Our success will be the success of your business!”

Editorial opinion

Remember that each type of activity requires a separate license. For example, if your company is engaged in the manufacture of medicines and the production of medical equipment, you will need two licenses - one for each line of business.