Federal Law No. 99-ФЗ "On Licensing of Certain Types of Activities"

The regulation on the licensing of certain types of activities was adopted to prevent damage to the interests and rights, health and life of the population, the environment, cultural and historical objects, security and defense of the state. The requirements apply to all entrepreneurs and organizations whose operation is likely to cause the specified harm.

Tasks

The normative acts of the Russian Federation on licensing certain types of activities are adopted to identify, suppress, prevent violations by organizations, their leaders and other officials, entrepreneurs, their authorized representatives of established requirements. The legal documents stipulate the conditions under which permits are issued to work in a particular area. Their observance is a mandatory requirement for all stakeholders.

99-ФЗ "On licensing of certain types of activities"

This normative act acts as the main regulatory document. It defines the key concepts, responsibilities and rights of the bodies licensing certain types of activities. Articles of the regulatory act contain requirements for interested persons, establish their liability for violation of the requirements.

Principles

The normative document "On licensing of certain types of activities" (latest edition) establishes a number of conditions for the work of permit issuing authorities. These include:

1. Ensuring a single economic space in the country.
2. Licensing only those activities that are defined in law.
3. Establishment of exhaustive lists of requirements for services and work provided for in the regulatory enactment.
4. Definition of a uniform procedure for all licensing authorities.
5. Accessibility and openness of information, except for those whose dissemination is prohibited.
6. Inadmissibility of charging interested parties for licensing services. An exception is the payment of state duty in the manner and amount provided for in the Tax Code.
7. Compliance with the law during licensing.

Powers of the Government

99 The Law "On the licensing of certain types of activities" provides for the following possibilities for the specified institution of power:

1. Determination of federal executive bodies whose competence includes issuing permits.
2. Approval of provisions related to licensing of types of activity, adoption of relevant regulatory acts.
3. Determining the order by which documents in electronic form certified by electronic signature should be submitted through the channels of public information and telecommunication networks, including from a single portal of municipal and state services.
4. Approval of a standard license form.
5. Determination of indicators for monitoring the performance of authorized bodies for issuing permits, the procedure for its implementation, preparation and submission of annual reports.

The work of territorial structures

99-ФЗ "On licensing of certain types of activities" defines the powers of the authorities issuing permits to interested entities. Their competence, in particular, includes:

1. Performance monitoring, preparation and submission of annual reports and reports.
2. Licensing of certain types of activities.
3. Approval of application forms for granting, renewal of permits, notification forms and instructions on elimination of discovered violations, extracts from registers and other documents used in the work.
4. Providing information on licensing issues to interested parties, including by posting the necessary information in the information and telecommunications network on their official websites. In this case, e-mail addresses must be indicated for sending requests by users and receiving answers.

Rights of employees of authorized structures

Speaking about the licensing of certain types of activities, special attention should be paid to the opportunities that are vested in employees of authorized structures. In particular, employees can send requests to state authorities, local governments, interested parties and receive from them the documentation and information necessary for them to fulfill their duties. Employees may only request materials the provision of which is provided for by law. Federal Law "On the Licensing of Certain Types of Activities" allows employees:

1. Perform checks on persons interested in obtaining permits.
2. To apply measures aimed at suppressing administrative misconduct and holding the perpetrators accountable in accordance with the procedure established in regulatory enactments of Russia.
3. Issue instructions to licensees to eliminate identified violations.

Duties

The employees of the authorities in the course of their work should:

1. To fully and timely fulfill the licensing authority granted to them in accordance with the law.
2. Observe the regulations, the rights of interested parties.

In the case of improper performance of their duties or in the commission of illegal actions / omissions, employees of authorized bodies may be held accountable. Not later than a month from the date of receipt of information on violations of the requirements of normative act 99 "On licensing of certain types of activities" and other regulatory requirements by officials, an organization or individual entrepreneur whose rights or interests are violated, must be notified of measures that have been taken in relation to guilty.

Requirements

They are established in the Regulations on the licensing of certain types of activities approved by the Government. The requirements include a list of requirements for the formation of legal entities and individual entrepreneurs in the relevant economic areas. They are aimed at ensuring the goals and implementation of licensing tasks. Lists of prescriptions are compiled taking into account the specifics of the work or service for the performance / rendering of which permission is required. Speaking of licensing certain types of activities, it is worth noting a number of requirements that can be established:

1. Stakeholders having structures, premises, buildings and other objects, technical equipment, facilities and documentation owned by them on a right of ownership (other admissible basis) and located at their work / services.
2. Compliance of the applicant and the licensee with the requirements provided for in the law and related to the determination of the legal status, amount of capital, and the absence of past due obligations to other entities.
3. Use by interested parties of the production process control system necessary for the performance of work / provision of services for which permission is required.
4. The applicant and the licensee have employees who have signed contracts with them, having vocational education and appropriate training, length of service, qualifications, etc.
5. Other requirements provided for by other regulatory enactments.

The procedure for submitting applications and documents

Speaking of licensing certain types of activities, it is necessary to clarify the rules in accordance with which an application for a permit is compiled. In it, in particular, must be present mandatory information. For organizations:

1. Full and abbreviated name (brand name including).
2. Location address.
3. Legal status.
4. Addresses of places where licensed activities will be carried out.
5. Registration number of the legal entity education record.
6. The data of the document that certifies the fact of entering information about the organization in the register. At the same time, the address and name of the authority that performed the registration, its phone numbers and email addresses are indicated. mail.

For entrepreneurs:

1. FULL NAME.
2. Address of residence.
3. The territory in which it is supposed to carry out activities subject to licensing.
4. Identity document details.
5. Registration license plate number of the registration of the subject as an individual entrepreneur
6. Information about the document certifying the fact of entering data on the entrepreneur in the Unified State Register of Enterprises. Like organizations, the entity must specify the address, name and contacts of the service that performed the registration.

In addition, the application must include:

1. TIN, data of the document, which confirms the fact of tax registration of the applicant.
2. The activity that the entity intends to carry out. This describes the services and work included in it.

In the application for permission, the applicant may indicate a request to send him clarifications on the licensing of certain types of activities.

Applications

The following documents are attached to the application:

1. A receipt confirming the payment of state duty.
2. Constituent documents. The subject provides notarized copies thereof.
3. Copies of securities, the list of which is defined in the Regulation on licensing a certain type of activity, indicating the applicant's compliance with the established requirements.
4. Description of the attached documentation.

The body authorized to issue permits is not entitled to demand other documents not provided for in the Federal Law from the interested person. The application and its annexes may be sent by the applicant by mail or provided in person. Electronic submission is allowed.

Acceptance of documents

The authorized body shall verify the submitted papers with an inventory. A copy of it with a note on the acceptance of documents is handed to the applicant or sent to him by mail. If there are violations of the requirements for processing the application, the absence of certain securities, a notification is sent to the interested party on the elimination of these shortcomings within a 30-day period. If they are absent, the authorized body within 3 days makes a decision on consideration of the submitted materials or on returning them to the applicant with his motivated justification.