Licensing of activities: when is it needed and how is the procedure carried out. Obtaining an alcohol license: the nuances of a complex and important procedure

4-07-2016, 10:04

To obtain a license for smoothbore weapon(ROHA) required:

A copy of a hunting license, a uniform state standard;

To obtain permission to firearms limited destruction (LLD) of gas self-defense weapons

Russian passport and copy of 1, 2 pages;

Photo 3/4 on a matte basis, 2 pcs;

Medical certificate, form 046−1 (copy of the clinic’s license);

Extract from the psychoneurological clinic at the place of permanent registration;

Extract from the drug treatment clinic at the place of permanent registration;

Application for a weapons permit (established sample);

Certificate of “training in safe handling of weapons”;

Receipt for payment of state duty.

The number of weapons purchased is up to 2 units.

To obtain a hunting license, a uniform state standard, the following is required:

2 photos 3/4 on a matte basis;

Copy of passport 1.2 pages;

Statement of the established form.

For successful completion school exams safe handling with weapons, it is advisable to study on your own:

1. Law “On Weapons” - Article 17, parts 2 and 5; Articles 22 and 24.

2. Criminal Code - articles 37 - 39, 222 and 224.

4. Rules for first aid medical care with gunshot wounds.

An essential condition for obtaining a permit must be the presence of a safe or large metal box large enough to contain a locked weapon. Within 2 weeks after purchasing a weapon, you must contact the licensing and permitting service, register the weapon and obtain permission to store it, or store and carry it. This permit is issued for a period of 5 years.

If a citizen plans to change his place of residence, he must register his existing weapon at the new place of residence within 2 weeks.

If a citizen temporarily resides in another place (for example, at a dacha or in a village), he has the right to take weapons with him, but before doing so he is obliged to notify the internal affairs authorities about this.

If there are 3 months left until the end of the license term, you should contact the appropriate service at your place of residence and provide the same documents and undergo re-registration. After this, the citizen receives a license or permit for a new validity period.

If a citizen does not re-register a weapon in a timely manner, the license or permits are considered invalid, and the citizen himself is brought to administrative responsibility as a result of violating the deadlines.

If these requirements are violated again, the citizen risks losing the right to own a weapon for a period of 5 years. The weapons themselves are offered to be recycled or sold through a consignment store.

Also see the federal law"About Weapons"

Attention!

The conclusion from the district police officer on checking the availability of conditions for storing weapons is an internal document that employees of the LRO of the Ministry of Internal Affairs must receive independently. Demanding it is illegal; you can obtain it yourself from your local police officer, but you are not required to. The Ministry of Internal Affairs system itself must receive this document, for this they receive a salary, and you pay taxes. At the same time, doing their work for them with your own money is perhaps too kind of you.

If you want to start a business that involves selling alcohol-containing drinks, you must take care in advance of obtaining a special permit - an alcohol license, which gives cafes, bars, restaurants and shops the right to sell such drinks. Why is it advisable to start collecting the documents required to obtain a liquor license even before registering a company? At a minimum, because this procedure is not short-lived, characterized by a number of important nuances, while without a license, neither a legal entity nor an individual will be able to sell alcoholic products (the revenue from which sometimes reaches half of the total revenue) - that is the law. What are these nuances? What documents are needed to become a license holder? How is the registration procedure carried out? It is worth looking into this serious issue.

Licensing of alcohol trade in our country: general provisions and legislative regulations

Before applying for an alcohol license, it makes sense to study in detail a number of regulatory documents governing this procedure. The most important of them will be Federal Law No. 171 “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products" dated November 22, 1995. In addition, you should definitely familiarize yourself with local legislative acts, since regional authorities with their own licensing bodies and independently are responsible for licensing the trade in alcoholic beverages. established requirements to applicants.

It is imperative to remember that there is no such type of activity as simply selling alcoholic beverages. You can sell low-alcohol drinks and products with a strength of more than 15 degrees, sell such goods for takeaway or for consumption at the point of sale - and all this will be considered different types activities, each of which is subject to separate licensing. For example, if a store will sell both weak and strong alcohol, then its owners should obtain two licenses - and both for the sale of alcoholic beverages for consumption outside the retail premises.

Is it possible to obtain a retail alcohol license for an individual entrepreneur? This is a question that concerns many aspiring entrepreneurs. The answer to this, unfortunately, is negative: only a legal entity has the right to become the owner of such a document.

Once the application is approved (preceded by the collection of all necessary papers), the license will be valid for five years. Subsequently, it can be extended - with the payment of a state fee in the amount of 40 thousand rubles annually.

What type of business must be in order for an application for a liquor license to be approved?

In order for the owner of an organization to become the holder of an alcohol license, his company must satisfy a number of certain requirements.

1. The authorized capital of the organization must be no less than the established value. For a store this is half a million rubles, for an establishment Catering– 10 thousand rubles.
2. The premises in which the sale of alcohol will take place must be owned by the founders or taken in long-term rental(and this fact was registered by the Ministry of Justice).
3. The area of ​​this room must be at least 50 square meters, it is mandatory to comply with all fire and sanitary safety requirements (relevant equipment).
4. Organization is required on the sales floor and in warehouses technical means security, including safes, as well as installation of a registered cash register.
5. The building must be located outside the territory where educational, medical, cultural, and sports institutions are located. If we're talking about on the sale of alcoholic beverages for consumption on site (catering establishments), then the distance from the building where the outlet is located to the nearest stops public transport, metro stations, places of large crowds of people, military-strategic objects must be at least 25 meters.

If you plan to sell alcohol for takeaway, then this value (the maximum distance to the places mentioned above) is determined local authorities authorities. If you want to open such an enterprise, you need to clarify the details at the location of the company.

The procedure for obtaining an alcohol license for an LLC

In order to subsequently become a license holder, the applicant must collect an impressive package of documents. The final list is approved at the local level, but approximately it looks like this:

• application (it must indicate a list of all licensing objects, the legal address of the LLC and its details);
• constituent documents and certificates (OGRN, TIN), letter from the state statistics body (notarized copies);
• documents for renting premises/certificate of ownership; if we are talking about a pavilion, an additional lease agreement for the land, an acceptance certificate for the object, technical certificate, BTI documents. If documents contain several pages, they should be bound and certified with the organization’s seal;
• a current (not earlier than six months) extract from the Unified State Register of Legal Entities - a notarized copy;
• a certificate of authorized capital confirming that its size meets the requirements;
• KKM card, signed by the head of the organization and certified by a seal;
• receipt of payment of duty.

Despite the fact that on this moment It is not required to submit permits from sanitary and fire authorities, a certificate of absence of tax arrears and confirmation of the safety of the premises (previously they were included in the list of documents required to be presented by the licensee); it is worth keeping in mind that this information can be requested by the licensing authority independently. Once the application is under consideration, you should expect an on-site inspection of the premises to ensure that all criteria are met. By this point, the owner must have already prepared the outlet properly: design the consumer’s corner and certify copies of certificates for alcohol-containing products.

By the way, just in case, it is worth having “optional” documents already at the time of filing the application, because if, for example, during the review process it is revealed that there is a debt to state budget, the license will be refused with the fee already paid being withheld.

After the application with the attached package of documents is submitted, the examination of the collected papers and verification of the company will begin. This procedure, in accordance with the law, can last up to 30 days from the date of filing the application. If during the examination/inspection any violations are revealed, the applicant will be given time to “work on mistakes” (no more than a month), and the review period will be extended accordingly. If during this period the shortcomings are not eliminated, then a refusal to obtain a retail alcohol license will follow. The licensing authority is obliged to notify the management of the applicant organization about a positive/negative decision within three days after the end of the examination and inspection period.

As for renewing an existing alcohol license, such an application can be submitted 90 days before the document expires.

So, timely receipt of a license to sell alcohol-containing products in our country allows an enterprise engaged in the sale of alcohol to work legally. It is easy to assume that such activity without a license entails liability, which can be not only administrative and civil, but even criminal.

It is worth understanding that the place of the licensing procedure in the domestic legal space may change, which means that the procedure for obtaining a license, the list of necessary documents, and the cost of the service are subject to changes. For example, obtaining a license for alcoholic beverages since 2014 has distinctive features compared to the previous year - and this is due to the introduction of new Rules for indicating information in the details of transfer orders Money for the payment of taxes, fees and other payments in budget system Russian Federation. However general provisions and the sequence of actions of the potential licensee remain unchanged.

A license is a permit 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?

In Article 12 of the Law "On Licensing individual species activities" dated 05/04/2011 No. 99-FZ provides a list of types of activities for which licenses are required. There are 51 in total, among them:

• activities related to encryption and information security;
• 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;
• activities for the 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 to transport more than eight people.

License requirements

A license can be obtained only if certain requirements are met: the availability of a technical base (premises, equipment, special documentation); workers with the necessary qualifications and specialties; production control systems; 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, licensing requirements for transporting passengers by road are specified in Government Decree No. 280 dated April 2, 2012. An applicant for such a license must have:

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

You can familiarize yourself with the requirements for issuing licenses for your type of activity by contacting the appropriate 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 May 4, 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, and location of the applicant; licensed type of activity; TIN; extract data from the Unified State Register of Individual Entrepreneurs or the Unified State Register of Legal Entities; information about payment of state duty.

In addition to the application, copies of documents are submitted, the list of which is determined by the regulations on licensing a specific type of activity and which indicate the applicant’s compliance with licensing requirements, as well as a list of all documents. You need to find out exactly what documents are needed from the licensing authority or find the relevant legal act yourself.

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

The list of information indicated in the application and the list of documents attached to it is exhaustive (Article 13 (4) of Law No. 99-FZ dated May 4, 2011), 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 long, so we’ll tell you where to look. We find paragraph 1, subparagraph 92. Amount of state duty is 7,500 rubles for all types of licensed activities, with the exception of:

• 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 beverages - 65 thousand rubles for each year of license validity;
• entrepreneurial activity on management apartment buildings- 30 thousand rubles.

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

If a license is refused state duty is not refundable. In 2013, the Constitutional Court considered a case regarding the return of 40 thousand rubles to the applicant in connection with the refusal to issue a license for the retail sale of alcohol (Resolution of the Constitutional Court of May 23, 2013 No. 11-P). Even the judges themselves did not agree on this issue; one of them expressed a dissenting opinion, the essence of which was “Formally correct, but in essence it is a mockery.” Based on this, before paying for a license, we recommend that you first contact the relevant licensing authority to ensure that you can comply necessary requirements to receive it.

How to get a license?

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

• in person, during a visit to the licensing authority;
• by registered mail with notification of delivery;
• in the shape of electronic document signed with an electronic signature.

Upon receipt of documents, the license applicant is given a copy of the inventory with a mark on the date of receipt (in person or by registered mail with acknowledgment of receipt). If an incomplete set of documents or a violation of the requirements is discovered 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 notice of the need to eliminate the violations within thirty days. After the violations are eliminated, 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 complaints about 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 possible to obtain a license in the form of an electronic document, if 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 inspection report, if the refusal was based on non-compliance with licensing requirements.

A license is issued according to 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, you can obtain a duplicate in the manner prescribed by Article 17 of Law No. 99-FZ.

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

How to get a liquor license?

Retail alcoholic drinks, including beer - this is a fairly popular activity of our users, so we will tell you in more detail how to obtain a license for alcohol. 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, poire, mead).

Beer is an alcoholic product, but its sale is regulated by certain provisions of the law. Beer sales are not covered. special requirements to 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, beer can only be sold in stationary facilities (shops), but there are no specific requirements for their area, as for the sale of other alcoholic products. In urban areas, to sell beer it is necessary to use cash machine even in 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 special Administrative Regulations. The documents for obtaining a license for the production of alcohol differ from those submitted for obtaining licenses for other types of activities. In our article we will look at licensing requirements only for retail sale of alcohol, because It makes sense to consider the requirements for its production, storage and wholesale circulation separately.

To obtain a license, the applicant must:

• be a legal entity (individual entrepreneurs cannot sell alcohol other than beer);
• own or long-term (from one year) lease stationary retail facilities and warehouses;
• the total area of ​​such premises for retail sales alcohol must be at least 50 m2. m in urban areas and at least 25 sq. m in rural areas;
• when selling alcohol in urban settlements, the licensee must use a cash register, even if he is a UTII payer;
• have authorized capital certain size(the requirement is set 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, contact detailed information to the relevant district department of Rosalkogolregulirovanie. Their contacts, as well as the license application form, can be found in the Administrative Regulations.

Re-registration, suspension and renewal of a license

If the licensee’s data specified in Article 18 of Law No. 99-FZ changes, You must contact the licensing authority to reissue your 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;
• changing the address at which the licensed type of activity is carried out.

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

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

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

Cancellation and termination of license

In case of failure to comply with the requirements due to which an order was issued or the license was suspended, it must be canceled at the request 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;
• the activity of an individual as an individual entrepreneur has been terminated;
• The activities of a legal entity have been terminated (except for reorganization).

When terminating the activities of an individual entrepreneur or legal entity, there is no need to report this to the licensing authority; this will be done by the tax inspectorate.

Responsibility for working without a license

Administrative liability is provided for violation of licensing laws:

• for operating 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 in gross violation of the 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 administrative suspension of activities for up to 90 days;
• for operating 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 turnover.

If, at the same time, activities without a license caused major damage to citizens, organizations, the state, or generated income on a large scale (more than 1.5 million rubles), then it is possible to attract 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.

Library

Evgeniy Gorokhov

Today, the range of goods and services that can form the basis of your business is quite large, and which of this array to put into production is up to you! However, to carry out certain types of activities, such as the provision of medical, educational and other services, the documents you received upon registration are not enough.

These services must be provided in accordance with developed standards and norms, therefore, to provide them, you must obtain a special permit - a license that will certify that you are able to perform this activity.

License and its purpose

The need to obtain a license, first of all, lies in the fact that those licensed include the most significant species economic activity , the implementation of which may entail damage to specially protected objects and interests. And the state protects our health, morality, defense of the country, etc. And in order to prevent anyone “who wants” from causing damage to them, the state provides additional requirements for license applicants. In turn, violation of licensing legislation is grounds for bringing a person to justice with all the ensuing consequences. negative consequences. More details about liability will be mentioned below. Now let's figure out: in what cases is it necessary to obtain a license and what is needed for this.

Licensing- one of the forms government regulation entrepreneurial activity, which is a special procedure for officially recognizing the right of an individual entrepreneur or legal entity to conduct a certain type of activity in compliance with regulatory requirements and standards.

License- This official document, which certifies the right to carry out the activities specified in it for a specified period and the conditions for its implementation. That is, in essence, a license is a permit to conduct certain types of activities.

The list of types of activities for which a license is required is determined by Federal Law No. 99-FZ dated May 4, 2011 “On licensing of certain types of activities” (hereinafter referred to as the Law “On Licensing”). You can find a list of activities in the “Library” section here.

Obtaining a license

To obtain a license, you need to prepare a certain list of documents and submit them to the licensing authority. To do this, you can seek help from organizations that specialize in obtaining a license or prepare everything yourself.

If you don’t want to waste time and effort on queues, preparing documents and other red tape, then search engines You can find more than a dozen companies that, for a certain fee, will complete all the necessary preparatory steps within 1-2 months and ensure that you obtain a license. For those who prefer the option of independent control over all actions to obtain a license, we suggest that you familiarize yourself with the procedure for obtaining it.

1. So, first you need to prepare the following documents:

• Statement signed by the head of the permanent executive body legal entity or another person entitled to act on behalf of this legal entity, or an individual entrepreneur and which indicates:

1. Full and (if any) abbreviated name, including the corporate name and organizational and legal form of the legal entity, the address of its location, addresses of the places of implementation of the licensed type of activity that the license applicant intends to carry out, the state registration number of the record on the creation of the legal entity persons, data from a document confirming the fact of entering information about a legal entity into the unified state register legal entities, indicating the address of the location of the body that carried out state registration, as well as telephone numbers and (if available) addresses Email legal entity;
2. Last name, first name and (if any) patronymic of the individual entrepreneur, address of his place of residence, addresses of places of implementation of the licensed type of activity that the license applicant intends to carry out, details of his identity document, state registration number of the record of state registration of the individual entrepreneur, data from a document confirming the fact of entering information about an individual entrepreneur into the unified state register of individual entrepreneurs, indicating the address of the location of the body that carried out state registration, as well as the telephone number and (if available) email address of the individual entrepreneur;
3. Taxpayer identification number, data from the document confirming the registration of the license applicant with the tax authority;
4. The licensed type of activity in accordance with Part 1 of Article 12 of the Licensing Law, which the license applicant intends to carry out, indicating the work performed, services provided that constitute the licensed type of activity;
5. Details of the document confirming the fact of payment of the state duty for the provision of a license, or other information confirming the fact of payment of the specified state duty;
6. Details of documents (name of the body (organization) that issued the document, date, number), the list of which is determined by the regulations on licensing a specific type of activity and which indicate the compliance of the license applicant with licensing requirements - in relation to documents that are subject to the requirement of paragraph 2 of part 1 of the article 7 of the Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services"(hereinafter referred to as Law 210-FZ).

• The following must also be attached to the application:

1. Copies of the constituent documents of a legal entity, certified by a notary;
2. Copies of documents, the list of which is determined by the regulations on licensing a specific type of activity and which indicate the compliance of the license applicant with licensing requirements, including documents the availability of which when carrying out a licensed type of activity is provided for by federal laws, with the exception of documents that are subject to the requirements of Law 210-FZ ;
3. List of attached documents.

The licensing authority has no right to require you to provide other documents!

You must submit these documents to the authorized state body that carries out licensing functions in the field of business activity you have chosen.

Documents are provided to the licensing authority directly or sent by registered by post with notification of delivery.

If the application for the provision of documents is drawn up in violation of the requirements of the Law “On Licensing”, the licensing authority gives the license applicant a notice of the need to eliminate the identified violations within 30 (thirty days) and (or) submit documents that are missing, or sends the specified notice by registered mail. by post with acknowledgment of delivery.

The licensing authority, within 45 (forty-five) days, makes a decision on the application of the license applicant to grant a license or to refuse such a grant.

Such a decision is formalized by an order (instruction) of the licensing authority.

The grounds for refusal to grant a license are:

• The presence of false or distorted information in the documents submitted by you to obtain a license;
• The non-compliance of the license applicant with the licensing requirements established during the inspection;
• Submission by the license applicant of an application for a license for the type of activity specified in paragraph 38 of part 1 of Article 12 (activities for the production of copies of audiovisual works, programs for electronic computers, databases and phonograms on any type of media) of the Law “On Licensing” and attached to it application of documents, if in relation to the license applicant there is a decision to cancel a previously issued license for this type of activity.

The license is valid for an indefinite period.

Please note that a separate license is issued for each type of activity, that is, if you are engaged in providing several types of services that are subject to licensing, you must obtain a separate license for each type.

Re-issuance of a license, its suspension and cancellation

It may happen that you will need re-register documents confirming the availability of a license.

Such re-registration is required in the following cases:

• reorganization of a legal entity in the form of transformation;
• changes in its name or location;
• changes in the name or place of residence of an individual entrepreneur, details of his identity document;
• changes in the addresses of the places where a legal entity or individual entrepreneur carries out a licensed type of activity, the list of work performed, services provided that constitute the licensed type of activity.

The authority that issued your license may suspend its action.

Such punishment may follow for failure to comply within the prescribed period with an order to eliminate a gross violation of licensing requirements issued by the licensing authority, or the imposition of an administrative penalty on the licensee in the form of administrative suspension of activities.

The suspension is carried out by the licensing authority on the basis of a court decision and comes into force within 24 hours from the date of such decision. The period of suspension is determined by the court and cannot be extended. The license is renewed from the next day after the expiration of such suspension.

However, if within the established period you do not eliminate the violation of licensing requirements and conditions, which entailed administrative punishment, the licensing authority is obliged to apply to the court to cancel the license. The license is revoked by a court decision based on consideration of such an application.

The final termination of the license occurs in the following cases:

• Submission by the licensee to the licensing authority of an application to terminate the licensed type of activity;
• From the date of entry into the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs about the liquidation of a legal entity or the termination of its activities, or the termination an individual activities as an individual entrepreneur;
• Availability of a court decision to revoke the license.

Responsibility for violation of licensing laws.

The legislation provides for liability for the implementation by legal entities and individual entrepreneurs certain types of activities without the appropriate permit (license). At the same time, liability is provided not only for conducting business without permission, but also for violating the requirements for licensed types of activities

The following actions are therefore prohibited:

• Carrying out business activities without a special permit (license), if such a permit (such license) is mandatory (mandatory);
• Carrying out business activities in violation of the conditions provided for by a special permit (license);
• Carrying out business activities in gross violation of the conditions provided for by a special permit (license).

For violation of the requirements of the legislation on licensing, penalties are provided: the following types responsibilities:

Administrative responsibility(Article 14.1 of the Code of the Russian Federation on Administrative Offences):

In the form of a fine, confiscation of manufactured products and production tools, or administrative suspension of activities for up to ninety days (punishments are applied to both legal entities and individuals).

Criminal liability(Article 171 of the Criminal Code of the Russian Federation):

In the form of a fine, prosecution compulsory work, arrest, or imprisonment, depending on the nature and degree of public danger, the crime committed (punishments are applied to individuals).

Thus, you see that licensing presupposes compliance with certain conditions and legal requirements, violation of which may lead to a restriction or prohibition of carrying out activities for which a license is required. Therefore, you should strictly comply with all the conditions and procedures for carrying out such activities in order to successfully conduct your business and at the same time maintain your business reputation.

Charles de Gaulle, saying “Always choose the most hard way- you won’t meet competitors there,” did not mean the licensed activities of an entrepreneur in the Russian Federation. But perhaps this phrase will encourage those who, against all odds, decided to connect their business with a direction that requires a license.

Any permit can be obtained in two ways: independently or with the help of specially trained people. The material in this article will make it clear what awaits you in the first case, and what you pay for in the second.

We study the legal requirements for obtaining licenses

The first stage is theoretical and extremely necessary. As a result, you can estimate:

• are there any chances?
• how complicated everything is.

According to the tradition established by legislators, licensing issues for each specific type of activity are regulated not by one, but by several documents. And to get a license, you will have to study them partly.

The most convenient and the right way To find up-to-date information, use the legal systems ConsultantPlus (consultant.ru) or Garant (garant.ru). We used the Garant system as an example.

On the main page of the website garant.ru in the search bar we type: “administrative regulations on licensing” and the type of activity, as specified in Article 12 of the Licensing Law. For example: “administrative regulations on licensing private security activities.”

The administrative regulations contain a list of all regulatory documents on the issue of obtaining a license for a specific line of business. That is why it is worth starting with this document.

Using the site legal system, You'll get an up-to-date document with active links to all other documentation.

So we're fully armed legal framework, the following documents will be of greatest interest when obtaining a license:

1. Licensing Law No. 99-FZ - general points and list of activities subject to licensing;
2. Federal law relating to a specific line of business. For example, the Education Law, the Communications Law, etc. – establishes additional restrictions; they are not introduced for all areas of business;
3. Regulations on licensing a specific type of activity - lists the requirements: who can obtain a license, and what criteria must be met (the document is approved by the Government, and in the list it will sound like a Government resolution ... “On approval of the Regulations..”);
4. Administrative regulations for licensing a specific type of activity - describes the processes: how everything happens, and in most cases contains required forms;
5. Orders of the licensing authority approving document forms. Not all supervisory authorities decided to include some of the issues in separate orders, but, unfortunately, this also happens.

As we clarify questions about how to obtain a license, we will refer to the Licensing Regulations, the Administrative Regulations on Licensing (hereinafter referred to as the Regulations) and the Orders of the licensing authority, keeping in mind regulations for a specific type of activity.

Licensing requirements are described in the Licensing Regulations (often this is paragraph 4) - we look and evaluate what conditions must be met to obtain permission.

Compliance with licensing requirements is the most important thing. This is what determines the possibility of success of the entire venture to obtain a permit.

We fill out an application and prepare documents for obtaining a license

The application form for a license is approved at the level of the licensing authority. That is for various types activities forms will vary.

Application form, which must be completed to obtain a license, can be found:

• in the appendix to the Regulations (as a rule, the form is approved by the Regulations) or in a separate Order of the licensing authority (then the Regulations will contain a link to the Order in the section where the regulatory documentation is listed);
• on the website of the licensing authority. A list of territorial divisions, often indicating sites, is given in the Regulations. The website sometimes has an example of filling out an application;
• in the Licensing Regulations (see the document on the website of the legal system, the item with the list of documents for obtaining a license) in most cases there is an active link to the application form;
• at the stands of the territorial branch of the licensing authority, if you decide to go there (there will also be a sample of filling out the form there). Name, address, telephone numbers and operating hours are in the Regulations.

List of documents for obtaining a license specified in the Licensing Regulations and Regulations. This information can also be obtained from the territorial office of the licensing authority: on the website or in person (name of the office, address, telephone numbers - in the Regulations).

It is better to include a copy of the document confirming payment of the state duty in the documents. Although its absence cannot be the reason for refusal to issue a license (the main thing is payment), the need for a payment document is still contained in some regulations.

Payment of state duty: to obtain a license, you must pay a state fee in the amount of 7500 rubles. We take details for paying the state duty on the website of the licensing authority, also this information posted on information boards in their premises. Let us remind you that the name of the licensing territorial branch, address and contacts are indicated in the Regulations.

An inventory must be drawn up for the entire package of documents. In practice, an inventory is often required in two copies. The form of the inventory, if approved, will be given in the Regulations, or the Regulations may establish what details the inventory should contain.

We send documents to the licensing authority

Where to get a license? The answer to this question depends on the chosen type of activity. Shortcut find out - look in the Licensing Regulations or the Regulations. If you use the advice above and find the Regulations, the title of the document will indicate the licensing authority, and in a separate paragraph or in the annex - all territorial authorities where to contact and their coordinates.

Second option, go to . Almost every type of activity is provided with an active link to the corresponding Regulations, in the first lines of which the licensing authority is indicated. If you are unlucky and there is no link, use the first option, it is a win-win, we checked it.

By general rule You can obtain a license by contacting the territorial branch of the licensing authority at the place of registration of the individual entrepreneur (that is, at the place of registration of the entrepreneur).

But in some cases, a license can also be issued at the place of business (the licensing authority has the right to provide for such a procedure). If the Regulations do not provide clear information on this issue, we recommend checking with the licensing authority itself.

Documents can be submitted in person (take your passport), through a representative (a power of attorney is required) and by mail. Documents are accepted according to the inventory drawn up by the entrepreneur, the second copy of which with a mark of acceptance will be returned to the individual entrepreneur.

If the set of documents is incomplete or the application is filled out incorrectly, the licensing authority will report this, and you will have time (usually 30 days) to correct the shortcomings.

We undergo inspection by the licensing authority

After receiving the application for a license, the licensing authority will conduct an inspection.

The inspection can be carried out both documentary and on-site. Despite the optionality of an unscheduled on-site inspection, in practice it is impossible to obtain a license without it.

When documentary, the accuracy of the documents provided and the information specified in the application is checked. When on-site, compliance with licensing requirements is confirmed (for example, the premises are inspected, etc.).

Getting a license

The decision to issue a license is made within 45 working days. If you have corrected comments on the documents provided, the regulatory period begins from the moment the complete package of documents is provided.

It is not always possible to obtain a license within the allotted 45 working days; the licensing authority often requests additional clarifications on documents (and according to some opinions, these are sometimes formal corrections solely to increase regulatory deadlines). Therefore, if you receive a request to eliminate inaccuracies in documents, consider this the “norm” and simply correct it promptly.

After making a decision to issue a license, the licensing authority has three more days to hand over the license to you (against your signature or by registered mail).

A license may be refused mainly in two cases:

• the application or documents contain false or distorted information;
• During the inspection, non-compliance with licensing requirements was established.

Please note that in case of refusal to issue a license, the state fee is not refunded.

Deciding whether to contact specialists

Let's repeat: in this whole process of obtaining a license biggest role compliance with licensing requirements plays a role.

Everything else - how to fill out an application according to the sample, make copies of the necessary documents and submit them to the required authority - can be clarified in the Regulations and Licensing Regulations, and if there are any questions, directly from the licensing authority. At the same time, problems with documents can be corrected.

But if the question concerns compliance with licensing requirements, this is more serious. Incorrect interpretation of the requirements or simply non-compliance with them is the reason for refusal to issue a license and loss of the paid state fee.

Therefore, when deciding whether to do it on your own or not, pay attention specifically to the licensing requirements in the Licensing Regulations: how clear and simple they are for you.

This will give you the opportunity to compare your strengths with the costs of legal services. And the solution to the question of whether it is necessary to contact a specialized organization will come naturally.

The disadvantages of obtaining a permit on your own are the risk of losing the state fee if refused and the cost of personal time. Pros: saving money and, importantly, experience (after all, licensing requirements must be met even after obtaining a license).

If you delegate the issue of obtaining a license to lawyers, this option will help save time and reduce the risk of refusal. But even in this case, we recommend studying the licensing requirements and getting comments on all questions (if you pay money, get the maximum benefit).