Does not require a license. Licensing of certain types of activities: concept, procedure, documents

Before you start any business, you should first of all study legislative framework. Knowledge of laws and regulations will allow you to submit all reports in a timely manner and avoid many problems with regulatory authorities.

One of the important aspects of any entrepreneurial activity is licensing. This issue is regulated by Federal Law 129-FZ of 08.08.2001 "On Licensing Certain Types of Activities". It sets out the basic licensing rules.

Licensing is essentially a confirmation of the right legal entity or an individual entrepreneur to engage in one or another type of activity. Licensing is subject to those types of activities that can harm the health or life of citizens, their legitimate interests, or the cultural heritage and security of the country.

Getting a license is not very difficult. It is necessary to collect a complete package of documents in a timely manner and submit an application to the appropriate authority. Before obtaining a license, it is necessary to clearly identify for yourself what types of activities will be carried out by a legal entity or an individual entrepreneur.

What is a license for?

In addition to the types of activities for which a license is required, there are those for which only a permit is sufficient. There are also a number of activities that are generally not subject to licensing.

However, if the activity has at least one of these characteristics, a license is most likely required. These include:

• the possibility of causing harm to people, their rights and health;
• the possibility of causing harm to the environment;
• the possibility of causing harm to the state, defense;
• activities are related to the cultural heritage of the country.

Only after obtaining a license can one begin to engage in such activities.

All types subject to licensing can be conditionally divided into several groups. Because on this moment there are more than five hundred such activities, their classification can help organize this information.

So, the licensed activities include:

• activities related to the processing, issuance and distribution of any means of information protection. The same activities include the production and maintenance of encryption devices, as well as the distribution of these devices or the provision of data protection;
• everything that can be attributed to the field of aviation - design, production, production, service. Actions with military equipment can also be attributed to this area;
• production, sale or maintenance of any type of weapon;
• work with explosive or chemically hazardous substances that can be used as a result of production;
• firefighting activities. IN this case the only exception will be voluntary assistance in extinguishing fires by other organizations;
• maintenance and installation of fire safety equipment in government, commercial or residential premises;
• work with medicines, especially with narcotic and psychotropic substances. This group also includes activities related to the production and maintenance of medical equipment;
• activities related to genetic engineering;
• activities related to the transportation of passengers or cargo by air, water or rail;
• transportation of passengers by car with a capacity of more than eight seats;
• activities related to the disposal or storage of waste hazardous to life or health;
• maintenance and organization activities gambling, as well as sweepstakes;
• security activities, as well as the activities of private detectives;
• activities related to work with ferrous or non-ferrous metal, its processing, storage, transportation, sale;
• activities related to the employment of citizens outside the Russian Federation;
• communication services, work with audio or video products;
• educational activity;
• activities related to space exploration;
• work with cards of national importance; activities related to hydrometeorology;
• carrying out examinations in production;
• work with explosive materials.

In a word, those types of activities are subject to licensing, the results of which may be dangerous to others or cause any harm. In more detail, licensed activities are disclosed in Art. 12 federal law"On Licensing Certain Types of Activities".

Before starting work, it is necessary to clarify whether the selected type of activity is subject to mandatory licensing.

How to get a license

Depending on the type of activity, the procedure for obtaining a license may differ. So, for some species, you just need to write an application, for others, you need to collect quite impressive packages of documents. For example, to obtain a license to operate a pharmaceutical company, two steps must be completed. First of all, a sanitary-epidemiological conclusion is obtained. Only with this certificate can you get a license.

The easiest way to obtain a license is to contact lawyers. They will do everything right and in the shortest possible time.

To date, find out information about the list required documents to obtain a license, you can in many law firms. They can also help with the collection, verification of documents and their delivery to the appropriate authorities. Undoubtedly, this is a paid service. In this case, you should decide what is more profitable - to spend time collecting information and a package of documents or to pay for the services of lawyers.

When obtaining a license yourself, you should contact the licensing authority. Along with the application, you must submit a certificate of registration of an individual as an individual entrepreneur (for individual entrepreneurs), as well as a certificate of registration with the tax authority and a receipt for payment of the license fee. The rest of the list of documents is determined by the type of activity for which the license is obtained.

In order to ensure the protection of the legitimate interests of citizens, cultural objects and environmental protection, as well as in order to preserve the security of the country, it was decided to license certain works and services for which a license must be obtained, and the procedure for such a procedure is specified in a special law.

The concept of licensing

Licensing is a set of measures that includes services for the issuance, suspension, reissuance and cancellation of licenses for different kinds A license is a special document that authorizes a company or an individual entrepreneur to provide certain services or carry out one or another type of work on a legal basis. Such a document can be issued both in paper and in electronic (with digital printing) version.

Licensing of individual companies is carried out according to the principle of a single economic space, openness and accessibility of information, and compliance with the law.

which are subject to licensing

Now a license must be obtained for about 50 types of work and services. Here are some of them:

Licensing of certain types of activities is carried out by special bodies that have been accredited.

Documents for obtaining a license

In order to obtain permission to carry out certain works or provide services, it is necessary to submit the following data:

1. The name of your company.
2. Address and details of the organization.
3. firm's activities.
4. Information about the company's registration with the tax office.
5. Documents on payment of the necessary state duties.
6. Other data.

The procedure for licensing certain types of activities

The head (representative) of the organization or submits documents to the licensing authority. The process of considering the issue of issuing a license takes about a month (and longer periods are possible). If, after analyzing the submitted data, the licensing commission reveals errors and shortcomings, obtaining a license will be delayed. The applicant will have to correct all these comments and only then submit the documents again.

The period of validity of such a document cannot be less than 5 years. After the end of this time, the entrepreneur can apply for an extension of the license. In some cases, the permit is issued for an unlimited period. Licensing of certain types of activities is carried out throughout Russia.

Legislation regulating the sphere of educational services in Russia, in 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, mandatory 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

Above legislative acts provides for the obligatory obtaining of a license for educational activities, if an organization or an individual entrepreneur provides services for preschool, general, professional, 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. After amendments to federal legislation, such 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 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, the current legislation provides for only one case 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.

According to Federal Law No. 99-FZ of 04.05.2011 “On Licensing Certain Types of Activities”, licensing is carried out in order to comply with the rights, life or health of citizens, the country's defense capability and security, as well as requirements for the protection of the environment and architectural monuments. If the activities of your company to one degree or another may violate the indicated requirements, then obtaining a license is a prerequisite for doing business.

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 licensing procedure is regulated by the above law (hereinafter - No. 99-FZ).

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

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.

They are in charge of not only issuing licenses, but also canceling and suspending them, maintaining 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 go through all the 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

To date, 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 freight transportation;
• sale of weapons and ammunition;
• use of the results of intellectual activity;
• television and radio broadcasting;
• usage natural resources;
• educational activities, etc.

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

Important!
The entire list of types of activities for which licenses are required is contained in Article 12 of Federal Law No. 99-FZ dated May 4, 2011 “On Licensing Certain Types of Activities”.

Wanting is not getting a license: requirements for organizations

The licensing procedure is quite a difficult task and requires the applicant to meet certain requirements. It is necessary to have an appropriate technical base for the activity (moreover, necessary equipment must be owned and have relevant 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 7.5 thousand rubles. But there are exceptions to this rule. For example, to obtain a banking license, you will have to pay 0.1% authorized capital, but not more than 500 thousand rubles. A license for the production of alcohol-containing products costs from 800 thousand rubles, and for retail sale alcohol - 65 thousand 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, to obtain a license, the following are required:

• 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 are needed to obtain a license, and here you need to 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 five working days you will be informed whether the documents have been accepted for consideration. A positive answer does not yet mean that the license is 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. This is given 30 days.

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. 3 days after signing the order, it is handed over to the representative of the company.

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 1-3 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. If the businessman continues to ignore the requirements even after this period, the license is cancelled.

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

Sometimes circumstances are such that the license has to be reissued. Re-issuance of an activity license is required when reorganizing a legal entity, changing the legal address and company name, or changing the actual or legal address of the activity. The procedure for re-registration is in many ways similar to the process of obtaining a license, however, the state duty in this case is less - from 600 rubles.

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

Preparation for obtaining a license is a difficult and painstaking task that requires special attention. However, there is nothing impossible in this. 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.

In this article, we will tell you what types of activities you need to obtain a license for in 2018, and what threatens to work without such a permit, if it is required by law.

A license is a permission of authorized state bodies to carry out certain types of activities.

Features of activities requiring a license

Business lines subject to licensing were not chosen by chance. All of them require special specifications, qualified personnel or may adversely affect the life and health of people, environment, cultural heritage. Among the licensed areas of business, there are those that are associated with large financial flows (banks, credit organizations, the securities market).

Far from all licensed activities are available to individual entrepreneurs. Why this is so, the laws do not explain, but it is known that the state treats individual entrepreneurs as business babies. For entrepreneurs, fines are many times lower, and there are more tax benefits. But, for example, IP will not be given licenses for the production and sale of strong alcohol. The maximum that is allowed to be sold from alcohol is.

What activities do you need a license for?

The largest list of licensed species is contained in Law No. 99-FZ of 05/04/2011, but besides it, there are several other laws, each of which regulates a separate area.

For example, the issuance of a license for the production and circulation of alcohol is controlled by law No. 171 of November 22, 1995, for the activities of credit organizations - No. 395-1 of December 2, 1990, for holding auctions - No. 325 of November 21, 2011.

List of licensed activities in 2018:

• Freight and passenger transportation by road (with the exception of taxi activities), rail, water, sea, air transport
• Loading and unloading and towing of vehicles
• Security and detective (detective) activities
• Education for children and adults
• Production of medicines and medical equipment
• Activities in the field of medicine and pharmaceuticals
• Production and sale of alcohol
• Clearing and insurance activities
• Activities of credit institutions and NPFs
• Bidding and professional activity in the securities market
• Activities in the field of space and nuclear energy
• Activities for the protection of state secrets
• Activities related to encryption and special technical means for secretly obtaining information, protection of confidential information
• Activities in the field of information and telecommunication systems
• Communication services, television broadcasting, radio broadcasting
• Manufacture and sale of special printing products protected from counterfeiting
• Production, testing, repair of aircraft
• Activities related to weapons, ammunition, military equipment
• Legal trafficking in drugs and psychotropic substances
• Carrying out gambling through bookmakers and sweepstakes
• Procurement, storage, processing, sale of scrap metal
• Management of apartment buildings
• Industrial safety expertise
• Operation of high-risk production facilities (explosion, fire and chemical hazards)
• Neutralization, collection, transportation of waste related to I-IV hazard classes
• Activities related to industrial explosives
• Activities on the use of sources of ionizing radiation
• Fire extinguishing, installation, repair and maintenance of fire safety equipment
• Use of infectious agents and GMOs
• Employment of Russian citizens abroad
• Production of copies of audiovisual works, computer programs, databases, phonograms on any media
• Geodetic and cartographic activities, hydrometeorology and geophysics, mine surveying
• Preservation of cultural heritage sites.

Most often, individual entrepreneurs from this list choose cargo transportation, passenger transportation, medical and educational activities, and private investigation. The rest of the licensed activities in 2018 require either the legal form of a legal entity or large financial investments.

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Responsibility for the absence of a license

Non-compliance with the legislation in the field of licensing is an administrative offense that is punishable for individual entrepreneurs in accordance with the articles of the Code of Administrative Offenses of the Russian Federation /

Penalties for working without a license

• 14.1 (2) - from 4 to 5 thousand rubles with possible confiscation of manufactured products, production tools and raw materials (activity without a license);
• 14.1 (3) - from 3 to 3 thousand rubles (failure to comply with the necessary license requirements);
• 14.1 (4) - from 4 to 8 thousand rubles ( gross violation license terms).

Special penalties for a license in the field of transport under Article 14.1.2 of the Code of Administrative Offenses of the Russian Federation are much higher:

• lack of a license - 100 thousand rubles with confiscation of the vehicle;
• violation of the terms of the issued license - 20 thousand rubles;
• gross violation of the terms of the issued license - 75 thousand rubles.

Although the amount of penalties for individual entrepreneurs is several times lower than for LLCs, criminal liability does not differ depending on the legal form. It occurs upon receipt of income or damage to the state or citizens in the amount of 2.25 million rubles (Article 171 of the Criminal Code of the Russian Federation).

OKVED codes and license

About what kind of business the individual entrepreneur will be engaged in, the applicant reports when registering with the tax office. To designate specific types of activity, digital codes are used according to OKVED (All-Russian Classification of Economic Activities).

It is impossible to compare the list by OKVED codes with the types of activities subject to licensing in Russia. The fact is that licensed areas are wider than a specific OKVED code.

How to determine if OKVED is subject to licensing

For example, if you select educational activity, then the following codes from OKVED-2 will correspond to it:

• 85.11: Pre-school education
• 85.12: Primary general education
• 85.13: Basic general education
• 85.14: Secondary general education
• 85.21: Vocational secondary education
• 85.22: Higher education
• 85.23: Training of highly qualified personnel
• 85.30: Vocational training
• 85.41: Additional education for children and adults
• 85.42: Additional vocational education

Moreover, these are only four-digit codes, and if you take into account five-digit and six-digit codes, there will be even more of them. And if we take pharmaceutical activity, then this concept includes the sale of medicines, their storage, and manufacturing. medicines prescriptions.

In itself, the indication in the form R21001 of the OKVED codes corresponding to the licensed direction does not oblige to obtain a license. Only if the entrepreneur starts real activity, you must contact the licensing authority in advance.

However, some inspectors, and sometimes banks, are interested in whether you have a license issued if the relevant OKVED codes are indicated in the extract from the USRIP. If you are not going to work under a license yet, then for your own peace of mind it is not at all necessary to enter these codes in advance even when registering an IP. Later they can always be served.

How to get an IP license

Licensing of certain types of activities is entrusted to authorized state bodies. You can find out which agency you need to apply for a license from Government Decree of November 21, 2011 No. 957.

Information on the most popular individual entrepreneurs license areas are given in the table.

Everyone has it authorized body has its own official website where you can find contacts of regional divisions and all the necessary information to obtain a license.

If as an individual entrepreneur you plan to engage only in licensed activities, then first study the licensing requirements. For example, in order to obtain a permit for the carriage of passengers by road, you must have:

• Vehicles equipped with GLONASS equipment;
• Premises and equipment for maintenance and repair of vehicles;
• Drivers with the necessary qualifications, work experience, who have passed a medical examination;
• A specialist for a pre-trip medical examination of drivers or an agreement concluded with a medical organization for its conduct, etc.