Federal Law "On the licensing of certain types of activities"

The federal law "On licensing of certain types of activities" regulates the relations that arise between state and regional executive bodies, individual entrepreneurs and legal entities regarding the issuance of permits. The regulatory act establishes the procedure for carrying out procedures, terms, subjects, powers of the responsible structures. Let us further consider in detail the Federal Law "On the licensing of certain types of activities."

Goals

The Law "On the licensing of certain types of activities" is aimed at preventing damage to the legitimate interests, health, rights, life of the population, nature, cultural monuments and the history of peoples living in the country. The normative act prevents harm to the security and defense of the state, which may occur when organizations and entrepreneurs perform certain works or provide services. Licensing of certain forms of activity for other purposes is not permitted.

Tasks

The Law "On the licensing of certain types of activities" ensures the detection, prevention and suppression of violations by the organization, its leader or other officials, the private entrepreneur or his representative of the requirements established by this regulatory act, as well as other legal documents. Compliance with the provisions of the subjects acts as the main condition for obtaining permission. Fulfillment of established requirements is the responsibility of the organization and the entrepreneur in the implementation of the relevant activities.

Basic principles

The Law "On the licensing of certain types of work / services" allows for the issuance of permits for:

1. Ensuring the unity of the economic field in the country.
2. Establishment of licensed forms of activity by federal law.
3. The definition of a single procedure for issuing permits.
4. Formation of exhaustive lists of requirements, provisions on licensed forms of activity.
5. Openness and accessibility of information, except for those whose disclosure is not allowed by regulatory acts.
6. Inadmissibility of charging licensees and applicants for permits for the procedure for issuing documents. An exception is the payment of state duty in the manner and amount established by the norms.
7. Compliance with the law during licensing.

Government powers

The Law "On the licensing of certain types of services / work" establishes the following functions:

1. Definition of executive bodies authorized to issue permits.
2. Approval of provisions on licensing for specific forms of activity, adoption of relevant legal acts.
3. Establishment of the procedure in accordance with which documents in electronic form, signed by digital signature, should be provided through public information and communication channels, including a single portal of municipal / state services.
4. Approval of a standard license form.
5. Definition and approval of indicators for monitoring the effectiveness of compliance verification, the procedure for monitoring, preparation and submission of an annual report on the work performed.

Competence of authorized bodies

The Law "On Licensing" poses the following tasks for these structures:

1. Performing compliance checks for specific types of work / services.
2. Monitoring, preparation and submission of annual reports.
3. Approval of application forms for permits, re-issuance of documents, forms of notifications and instructions to eliminate discovered violations of the requirements established by this Law "On Licensing" and other industry regulations, as well as extracts from registers and other documentation.
4. Providing, at the request of interested parties, information related to the conduct of compliance verification procedures, including by posting information on the Internet on the official portals of authorized bodies. In this case, email addresses must be indicated. mail on which users can apply for information.

Rights of authorized employees

The Federal Law "On Licensing Certain Types of Services or Works" gives officials the following opportunities:

1. To ask the state authorities, territorial structures and other entities involved in legal relations, to receive from them the documents and information necessary for the performance of their functions.
2. Perform checks of licensees and applicants.
3. Issue instructions on elimination of detected violations of requirements.
4. Take measures aimed at suppressing administrative misconduct and holding perpetrators accountable.

Obligations of persons

When licensing, employees must:

1. Timely and fully implement the powers vested in them.
2. Observe the legitimate interests and rights, provisions of the regulatory acts of the Russian Federation in the field of licensing.

In the event of improper performance or non-performance of their duties, officials are held accountable.

Requirements

The Law "On the licensing of activities" contains general, basic information about them. In particular, the regulation prescribes that the requirements are established in accordance with the provisions adopted by the government. They include the rules by which legal entities and individual entrepreneurs are created, the main types of services and work that they provide and perform are determined.

Lists

Among the requirements that the law "On licensing activities" allows, the following provisions are present:

1. The presence of subjects necessary for the performance of work / provision of services of a production control system.
2. Compliance of organizations and individual entrepreneurs with requirements relating to legal status, amount of capital, absence of debts and obligations to other persons.

Permit term

The Federal Law "On Licensing" does not establish a period after which the document expires. The subject who received the permit may begin work from the day after the date of the decision to issue it. It is considered the number on which an entry is made in the register of licenses, a number is assigned and the order of the head (deputy) is registered.

The list of works / services

The Federal Law "On Licensing" requires permission to:

1. Development, production, distribution of encryption tools, information / telecommunication systems, protected by cryptographic tools. Performing work related to encryption, maintenance of equipment, except when they are carried out to meet the needs of an individual entrepreneur or legal entity.
2. Development, implementation, production and acquisition for the subsequent sale of technical equipment used for tacit data acquisition.
3. Activities related to the protection of confidential information.
4. Production and sale of printing products protected from fakes.
5. Production, development, repair and testing of aircraft.
6. Activities for the storage and disposal of chemical weapons.
7. Operation of explosion and fire hazardous industrial facilities.
8. The manufacture of drugs.
9. Turnover of narcotic and psychotropic compounds, cultivation of drug-containing crops.
10. Private security activities.
11. Works related to the active influence on geophysical and hydrometeorological phenomena and processes.
12. Medical activity. An exception is the services provided by medical institutions related to private healthcare in the Skolkovo territory.
13. Pharmaceutical activities.
14. Work to preserve the cultural heritage of the peoples of the Russian Federation.
15. Activities for the implementation of expertise in the field of industrial safety.
16. Surveying work.
17. Educational activities. An exception is the services and work performed by non-governmental institutions located on the territory of the Skolkovo center.
18. Space activity.
19. Cartographic and geodetic works, the results of which are of intersectoral, state significance. An exception is the pitchfork of activities that are carried out in the process of engineering surveys necessary for the preparation of design documents, reconstruction, construction, overhaul.

A complete list is provided in Art. 11 hours 2.

Conclusion

The Law "On Licensing", the provisions adopted in accordance with it and approved by the government, contain exhaustive lists of the services provided and the work performed, for which a permit is required. The introduction of other categories is allowed only by amending the list established by the regulatory act in question.