Gross violation of licensing requirements and conditions

Current regulations establish liability for gross violations of licensing requirements and conditions. The main sanctions are established by the Criminal Code and the Code of Administrative Offenses. The concept of gross violation of licensing requirements determines the Government of the Russian Federation in relation to a specific case.

Normative base

The Federal Law No. 99 discloses the basic concepts used in the field of licensing. The Law also defines the duties, rights, and responsibilities of business entities and controlling authorities. The main licensing requirements are fixed by the 8th article of the regulatory act. They include prescriptions for the formation and activities of legal entities, individual entrepreneurs in relevant areas established by federal law and other legal documents. The rules are aimed at implementing tasks in the field of licensing.

Regulations

The following items may be included in the list of requirements for business entities:

1. The presence of the applicant, the person with the permit, buildings, premises, structures and other objects at the address of its implementation, technical documentation and means, equipment, relevant current standards and necessary for work. Aggregates, tools and other items used by the entity may belong to it by the right of ownership or on any other legal basis.
2. The presence of employees with vocational education, who have received the necessary training or have the experience required to conduct licensed activities. Relations with the employee must be formalized by contract.
3. Availability of a production control system.
4. Compliance with the requirements of the legislation related to the legal form of organization, the size of the authorized capital, the absence of debt to third parties.

They cannot be included in the list of requirements for the implementation of the provisions of regulatory acts, the observance of which is recognized as the obligation of all business entities, as well as the rules regarding the specific type or volume of products manufactured or planned for production.

19th article of the Federal Law No. 99

This norm states that an exhaustive list of gross violations of license requirements is determined by the Regulation governing the specific type of work / services, the implementation of which is not allowed without permission. Article 11 contains several examples. TO gross violations of licensing requirements include actions involving serious / dangerous consequences or capable of causing them. In particular, the speech:

1. About the threat of damage to the health / life of citizens, damage to plants, animals, nature, cultural and historical objects of the peoples of Russia, as well as the emergence of a risk of an emergency of technogenic character.
2. Victims among the population.
3. Causing moderate, severe damage to human health, damage to flora and fauna, objects of cultural and historical heritage, the occurrence of technological disasters.

Gross violations of licensing requirements are also acts leading to infringement of the rights and legitimate interests of citizens that have prejudiced the country's security and defense.

Hazardous waste management

In accordance with the provisions of the Federal Law No. 89, for the implementation of this activity it is necessary to obtain a special permit. It establishes the rules according to which the entity will carry out operations with hazardous waste. To ensure proper control of enterprises, the Regulation was developed. It fixes, among other things, gross violations of licensing requirements and conditions. These include:

1. Lack of hazard in the subject of the transportation of waste of the 1st-4th hazard classes, specially equipped means, equipped with warning signs, owned by him or on other legal grounds.
2. Admission to work with the waste of citizens who do not have proper vocational training. Each employee of the enterprise must receive a certificate / certificate.

The latter follows from the Federal Law No. 89. The 15th article states that entities authorized to handle hazardous waste must have documents confirming that they have undergone special training. The rules for its implementation are determined by the executive federal structure, which implements the functions of implementing state policy and legal regulation in the field of education and environmental protection. It is worth considering that from the list of requirements the requirement was excluded about the need to have an employee at the enterprise who is responsible for allowing people to handle waste.

Nuances

In the current Regulation governing the work with hazardous waste, there is an indication of such gross violation of licensing requirementsas the use of the object of neutralization / placement of materials with deviation from documents that have received a positive conclusion by state environmental experts, which entailed the consequences specified in Article 19 of Federal Law No. 99. At the same time, a number of important points, according to experts, were excluded from the regulatory act. Among them, for example, in the Regulation there are no indications of such gross violation of licensing requirementsas failure to monitor the level of pollution and the state of nature on the territory of the hazardous waste disposal facility, as well as within the area of ​​their impact on the environment. Moreover, this procedure is generally excluded from the list of requirements.

Teaching area

Educational activities, in accordance with applicable standards, are subject to licensing. The normative regulation of the pedagogical sphere is carried out in accordance with the Federal Law No. 273. The regulation approved by the Government Decree No. 174 of 2011 establishes the requirements for educational activities. Among them:

1. The presence of special structures, structures, buildings, territories, premises owned by them or on other legal grounds. These facilities should be equipped to carry out practical exercises, provide food and medical care for employees and pupils.
2. The availability of teaching materials on ongoing programs that comply with the standards established by law.
3. Compliance with the requirements for the organization of the pedagogical process.
4. The presence of employees, the number of which ensures the implementation of training programs and meets the standards defined by law. Workers may be members of the organization or may be recruited on other lawful grounds.
5. The presence of educational and methodical, educational literature, other library and information materials, means of providing the pedagogical process for ongoing programs.

Gross violation of licensing requirements: education

The pedagogical sphere is considered one of the most important at the present time. Any gRuby violation of licensing requirements may have serious consequences. Paragraph 6 of the Regulation provides some actions that may be regarded as non-compliance with established requirements. In particular, the clause fixes the following gross violation of licensing requirements in educational activities (or rather, several):

1. Failure to comply with the requirements provided for in subparagraphs 1, 2, 5 of the above list.
2. Repeated non-compliance with the rules enshrined in sub. 3 and 5. Legislation sets a deadline for subjects involved in the pedagogical field.Persons may be held liable for repeated failure to comply with the requirements for 5 years.

Gross violations of licensing requirements in the pharmaceutical industry

Their list is also fixed by the Industry Regulation. The very first gross violation of licensing requirements - the lack of enterprise premises and equipment to carry out work. Objects must be owned or leased. For pharmaceutical companies, rules are established according to which they can dispense medicines. The legislator pays special attention to the sale of narcotic and psychotropic compounds registered as drugs, as well as drugs that have these substances in their composition. Failure to comply with these requirements is considered a gross violation. By order of the Ministry of Health and Social Development of 2010, the minimum range of drugs necessary for providing medical care was approved. The lack of such funds in the pharmacy is recognized as a gross violation. Regulatory acts also establish a list of vital medicines. Their value is under state control. If the pricing procedure is not followed, the pharmaceutical company may be held liable for gross violation of the requirements of the license. The grounds for imputation of punishment are also the facts of the sale by the pharmacy of counterfeit drugs, substandard and counterfeit drugs, as well as non-compliance with the rules for storing medicines. The gross violations mentioned above relate to a regular pharmacy organization that sells drugs and other medical supplies at retail.

Responsibility for the Code of Administrative Offenses

Licensing authority for flagrant violation of licensing requirements may hold an economic entity liable. The Administrative Code contains article 14.1, which provides for a fine or suspension of work of a person. When applying the norm, it must be borne in mind that it provides liability for entities conducting entrepreneurial activities. This means that their actions must be accompanied by appropriate signs. First of all, the occupation of a person should be aimed at the systematic receipt of income.

Important point

As indicated above, the concept of gross violation is determined by the Government regarding a specific activity. This rule was introduced by the Federal Law No. 80. Most of the provisions regulating the licensing procedure were established before the entry into force of this Law, and they do not have such a concept as a “gross violation”. In this regard, Art. 14.1 today is almost not applied. If an entity carries out activities not related to revenue generation, but at the same time grossly violates licensing conditions and requirements, liability shall be incurred under article 19.20.

Additional Norms

In addition to Art. 14.1 and 19.20 in the Code of Administrative Offenses there are other articles providing for sanctions for gross violations by subjects of licensing conditions and requirements. These include the norms:

1. Illegal private medical and pharmaceutical activities. Sanctions are provided for in article 6.2.
2. The use of mineral resources with gross violations of requirements. Punishment establishes Art. 7.3.
3. Violation of conditions, norms, standards governing activities in the territorial sea, inland waters, and the economic zone, on the continental shelf of the Russian Federation. Sanctions are enshrined in Art. 8.17.
4. Violation of the requirements during work in the field of monitoring the level of nature pollution, hydrometeorology, active impacts on geophysical processes. Punishment is defined in Article 8.40.
5. Violation of requirements in the field of industrial safety of hazardous facilities. Sanctions established by Art. 9.1.

Criminal penalty

It is provided for by Article 171 of the Criminal Code. As the first part of the norm indicates, in case of violation of the licensing rules, the perpetrators may be charged:

1. Fine.
2. Mandatory work.
3. Arrest.

Article of the Criminal Code contains the qualifying composition of the act. If gross violations were committed by an organized group or were associated with making large profits, the punishment is tightened. At the same time, the amount of the fine increases, compulsory labor and arrest are not imputed, and instead of them imprisonment is provided. In addition to article 171, other provisions of the Criminal Code also provide for punishment. In particular, sanctions are established for illegal banking and pharmaceutical activities, private medical practice.

Conclusion

A few more nuances should be mentioned. A gross violation of the conditions and requirements of a license entails the suspension of its validity. At the same time, the legislation establishes certain periods within which the competent authorities can bring the perpetrators to justice. Claims related to the imposition of administrative punishment are considered in the framework of civil proceedings and are not referred to the jurisdiction of arbitration courts.