Licensed activities are reflected in special legislative acts, and also require obtaining special permission for their implementation.
Basic concepts
The main concept regarding this topic is a license. This is a document that certifies the right of an entrepreneur to carry out a certain type of activity. In this case, the legal entity or individual entrepreneur who has received this certificate is the licensee. The process of filing, reviewing, receiving and revising documents is called licensing.
Licensed activities - this is a list of types of entrepreneurial activity that require permission. It is issued by specialized bodies. In the event that any violations are discovered, the certificate may be revoked and revoked unilaterally. It is also worth noting that this list is constantly changing, which is reflected in the relevant legislative acts.
Licensing principles
When determining licensed activities, government bodies are guided by the following principles:
- ensuring equality of rights to entrepreneurial activity among all business entities;
- ensuring security and observance of the rights of all potential buyers or users of goods and services that belong to the list of licensed;
- ensuring equal conditions for all business entities in terms of the procedure for obtaining permits;
- within one state, the list of licensed activities is uniform for all regions and settlements;
- elimination of the possibility of using licensing as a factor in competition;
- the right to carry out a licensed type of activity gives exclusively license.
These principles fully reflect the full appropriateness of licensing a particular entrepreneurial activity.
Powers of state bodies
The following activities of the licensing authority can be distinguished:
- development of a list of activities for the implementation of which a special permit is required;
- drafting and adoption of regulatory documents;
- study of existing practice regarding the issuance of permits;
- monitoring compliance with the Federal Law "On licensed activities";
- determination of the list and form of submission of documents by applicants for the implementation of certain types of entrepreneurship;
- consideration of appeals related to refusal to issue licenses;
- compliance with legislation;
- revocation and cancellation of licenses in connection with violation of business rules;
- maintaining a register of issued documents.
Representatives of licensing authorities are required to objectively and impartially evaluate entrepreneurs in terms of their relevance to a particular type of activity.
License Terms
Issuance of a permit, which allows licensed activities, is possible when the following list of conditions is met:
- the business entity is obliged in its work to be guided by the norms and rules specified in the legislation, as well as in the corresponding authorization document;
- the presence of a full range of knowledge about the technology of work requiring licensing;
- the availability of appropriate equipment, as well as facilities that meet all the necessary requirements;
- the obligation to provide to the licensing authorities all information about changes in activities carried out in accordance with the permit.
The entrepreneur is obliged to bring his parameters in accordance with the requirements before filing an application with the relevant authorities. Otherwise, based on the results of the audit, a decision may be made to refuse to issue a permit to carry out activities.
List of licensed activities
In the relevant legislative acts, you can find information about what kind of economic activity requires obtaining appropriate permission. So, the list of licensed activities includes:
- provision of banking services;
- carrying out operations with securities;
- cooperation with foreign entrepreneurs;
- the work of the media;
- supply of energy resources;
- educational services;
- trade and manufacture of alcoholic beverages and tobacco products;
- the provision of telecommunication services;
- construction of residential and industrial facilities;
- transportation of passengers;
- activities related to the production, maintenance and repair of firearms;
- manufacture of explosives;
- work with chemicals and other hazardous substances;
- mining of precious stones and metals;
- production and sale of medicines (including veterinary);
- transportation of oil and oil products;
- water supply services;
- the provision of medical services;
- cultivation of certain plant species;
- organization of draws and lotteries;
- the provision of travel services;
- commercial fishing;
- other things.
These types of activities are of particular importance both for consumers and for the state as a whole, and therefore their implementation is not possible without preliminary verification of compliance.
Required documents
In order to obtain a permit for entrepreneurial activity, which is included in the list of licensed activities, it is necessary to submit the following documents to the relevant authorities:
- a statement of the appropriate form, which contains information about the name of the company, its contacts, bank details, as well as registration data;
- document certifying the type of activity in which the business entity is involved.
The relevant body undertakes to accept this application and register it in the prescribed manner. In this case, the applicant must be issued a certificate of this. In the event that there is a violation in the design or procedure for submitting documents, the application may be left without consideration (while the business entity is not notified about this).
License waiver
A specialized body may refuse an entrepreneur to issue a license for a particular type of activity in the following cases:
- if the business entity that filed the relevant application provided false or erroneous information;
- inconsistency of technical specifications with the requirements for licensed activities.
Obtaining a refusal to issue a license does not at all imply the impossibility of obtaining such a permit in the future. Three months later, the business entity has the right to make a similar statement. During this time, all inaccuracies and inconsistencies should be completely eliminated. It is also worth noting that the refusal can be challenged in court if the applicant considers it unlawful.
License details
The document reflecting the permission for activity, which may be included in the list of licensed activities, contains the following information:
- full name of the state organization that is responsible and has the authority to issue licenses;
- the type of activity for the implementation of which a permit is issued;
- full name of the company to which the license is issued or the name of the individual entrepreneur;
- identification number that is issued to the tax payer in the relevant state bodies;
- the coordinates of the company or the address of registration or actual residence of the individual entrepreneur;
- the date of the decision to issue the permit document, as well as its registration number;
- license validity period;
- Information about the person who considered the application and also made a decision regarding its approval;
- date of signing and certification of the document;
- indication of applications and additions, if any.
In the event that any of the indicated mandatory clauses is not reflected in this authorization document, it is invalid.
findings
At the legislative level, the types of activities that are subject to mandatory licensing are defined. This is undertaken with the aim of improving the quality of certain types of products and services, as well as ensuring the safety of consumers and the state as a whole. This process is fully regulated by laws that contain a description of the list of activities whose implementation is not possible without obtaining appropriate permission.
To obtain a license to produce certain goods or provide a certain type of service, an entrepreneur must apply to specialized bodies with an appropriate statement. Moreover, the incorrectness of its compilation may serve as the basis for the refusal to consider it. A license is issued only after a full audit of the enterprise for compliance with the requirements.
