Licensing is one of the important tools of quality control of various types of activities by the state. This line of interaction between authorities and entrepreneurs and various companies is very important because it allows you to competently and painlessly regulate certain economic processes.
Activity Licensing
When using these terms, this refers to the procedure necessary to obtain state permission to conduct a specific type of activity. There is a certain list of services for which licensing is required, and all provisions relating to this issue are regulated by the current 99th federal law.
To find out specific activities that are not accessible without the above procedure, you need to study the appendix to the law. It should be understood that the provision of services within the framework indicated in such an application is not legal if the entrepreneur has not received the appropriate license.
A violation of this rule may result in administrative liability. So licensing is not something that should be taken lightly.
Key concepts
There are a number of terms, in addition to those mentioned above, that are useful to know for a better understanding of the situation with permits.
It is worth starting with the licensing authorities, since it is they who are involved in verifying the compliance of a particular company or individual with the requirements of the law. In this case, we are talking about the federal authorities of both the constituent entities of the Russian Federation and the executive, which are engaged in issuing permits for the types of activities mentioned in the Federal Law on Licensing.
- Applicant for permission. This can be an individual entrepreneur or a legal entity that has applied to the aforementioned body with an application for a license to conduct a specific type of activity.
- But those who managed to get a positive decision after verification are defined as licensees.
- Register of licenses. Under this term, it is understood the summary data on the issuance of permits, as well as the renewal of the documentation that confirms the presence of a license.
Features of state control
Initially, you need to understand that the state controls the correct and strict compliance with all requirements regarding the use of licenses. This means that verification within the framework of various lines of business is inevitable, so trying to somehow circumvent the law does not make sense.
At the same time, do not confuse controlling mechanisms with the agreement on the use of products issued by copyright holders.
In order not to confuse these concepts, it is necessary to understand how the license agreement differs from the state license. With a certain similarity in the names, the difference is more than tangible.
State licensing is, as mentioned above, a document that is mandatory for the provision of certain services. It's about such areas of activity as media, educational projects, organization of gambling, pharmacology, medicine, detective, security, as well as any dangerous or strategically important activity.
It should be noted separately that there are areas in which licensing of activities is necessary only under certain conditions. An example is the SRO in the construction industry.The fact whether it is necessary to deal with the issue of the license of a self-regulatory organization depends largely on its profile and the types of work performed.
Contract
This is the second direction where a license is needed. In this case, it refers to the agreement concluded between the patent holder and the author.
The essence of such a document comes down to the official granting of the right to use a particular technology or product, up to copying. It is not difficult to conclude that such a procedure is not mandatory and is based exclusively on the mutual benefit of the parties. For the opportunity to use the patented result of intellectual activity, the author receives a certain fee.
In other words, this is a process of interaction between the two parties in the framework of a specific agreement that are not related to the state.
Relevance of the Federal Law on Licensing
Given the fact that the monitoring of compliance with the requirements of this legislation is quite strict, it makes sense to find out why the issue of license turned out to be so important.
Generally speaking, this branch of legislation is one of the instruments for regulating various types of economic activity. In a more detailed study of what function licensing of activities performs, it is worth paying attention to the following tasks:
- creating a certain financial barrier to entry;
- consumer protection from low-quality products, as well as from manufacturers who have not passed the test;
- increasing the competitiveness of certain areas of the national economy on the scale of international market relations;
- the formation of high standards within various industries;
- restriction of admission to the activities of unreliable business entities.
Considering these criteria for using the Federal Law on licensing activities, we can come to the obvious conclusion that such a control system is important for the Russian economy.
Existing Licensing Types
In addition to a detailed list of areas of activity that require a license, there are key areas within which such a control system will inevitably make itself felt.
We are talking about the following types of permits:
- FSB license;
- license of the Ministry of Emergencies;
- license for cargo and passenger transportation.
Such documentation will also be needed in the framework of educational, pharmacological, medical, aircraft manufacturing, detective activities and in the case of the provision of communication services.
If we consider the types of licensing in more detail, it is worth noting that their number reaches 51. Their enumeration will be very long, so it is better to find Law No. 99 and carefully read Article 12 in its second chapter. It contains comprehensive information about who He is also obliged to obtain a license for activity.
If the company was not able to undergo licensing, then it will not be able to carry out activities in the framework of the above areas. But in the event of a successful outcome, worrying about re-obtaining permits will not be necessary, since the license is granted indefinitely.
More details on Law No. 99
The Federal Law “On Licensing Certain Types of Activities” was repeatedly mentioned above, so it makes sense to pay more attention to it.
This federal law contains 3 chapters, which include a total of 24 articles. The chapters themselves have the following titles:
- General provisions.
- Organization and implementation of licensing.
- Final provisions and the procedure for the entry into force of this federal law.
In the first part, attention is paid to the scope of application of control criteria, the basic principles of their implementation and the concepts that are used. It also addresses the duties and rights of officials, as well as the terms of the license.
The second chapter is devoted to the list of activities that are subject to licensing, a description of the decision-making procedure regarding the issuance of permits, a review of the information included in the order, and the process of re-issuing a license.
As for the third part of the law, it is needed in order to determine the final provisions, the procedure for its entry into force. It also discusses the features of the fact of the loss of relevance of certain legislative acts.
You need to understand that the Federal Law "On the licensing of certain types of activities" actually contains a lot more information. Only a few of the articles have been described here. Therefore, to obtain information in full, it is better to work with the source.
How to get a license
In order to become the holder of a permit to carry out activities noted in the above-mentioned law, you must first of all submit an application.
It is advisable to initially arrange everything correctly and collect the necessary set of documents correctly, without errors and shortcomings. Therefore, it makes sense to turn to the services of experienced lawyers. After the application has been submitted, the relevant authorities will begin checking the compliance of the particular subject with the existing requirements regarding the issuance of a license.
By the way, before applying, you need to find out which particular licensing authority is relevant in a particular situation. This is important for the reason that it is there that you need to carry the statement.
After everything is done, the documentation itself will also be checked for the correct compilation and reliability of the data. Already at this stage, there may be reasons for refusing to issue a permit. We are talking about distorted, incorrect, incomplete or inaccurate information. If everything turned out to be in order with the papers, and the requirements that the Federal Law “On Licensing Types of Activities” included were met, then the applicant has every reason to expect a positive audit result.
Summary
Based on the above information, the following conclusion can be drawn: monitoring activities by checking business entities for compliance with certain quality criteria is a very effective way to monitor market conditions. Thus, licensing is the right initiative on the part of the state, the implementation of which is useful both for the country as a whole and for specific consumer groups in particular.
