Since 2013 commercial organizations and individual entrepreneurs received the right to provide services in the field of education on an equal basis with non-profit organizations. Educational Services. Previously we looked at the full, in In this article we will tell you how to obtain a license for educational.

Who needs a license

First, let's find out when the license educational activities not required. In Decree of the Government of the Russian Federation of October 28, 2013 N 966, which approved the regulation on licensing educational activities, only one such possibility is indicated. A license is not needed if services are provided personally individual entrepreneur . These are the services of tutors, private teachers, studios, clubs, etc., where classes are taught by the entrepreneur himself, who has the appropriate education and work experience.

We draw the attention of individual entrepreneurs - if you hire others teaching staff, then a license for educational activities of an individual entrepreneur is required. At the same time, workers of other profiles who do not directly provide educational services, you can hire without a license.

In the previous edition, the provision on licensing educational activities allowed for another opportunity to work without a license - if, based on the results of training, a final certification was not carried out and a document on education was not issued. It is still possible to conduct trainings, seminars, lectures without a license, the completion of which does not require supporting documents, but such activities are not called educational, but cultural or leisure.

The list of services that require a license includes the following types of education: preschool, general, secondary vocational, higher, additional general education, additional vocational and education of religious personnel of religious organizations.

Obtaining a license for educational activities is a complex and lengthy process. Only reviewing documents and making a decision on issuing a license or refusing to issue it takes 60 days. Before that, we need to prepare a number of permits from other government bodies and develop our own educational programs. And yet, business in the field of education can be called profitable, so if you want to engage in this area, you need to go through the licensing procedure once.

The license is issued for an indefinite period, and if you do not re-register it, then you will no longer have to contact officials on this issue.

License requirements

The licensing regulations establish the following requirements for applicants in 2018:

• own or rented building (premises) corresponding to the declared educational programs;
• sanitary and epidemiological conclusion for this premises;
• logistical support of educational activities in accordance with the requirements of federal standards;
• compliance with the conditions for protecting the health of students;
• own developed educational programs;
• printed and electronic educational and information resources for these programs;
• full-time or engaged under a civil contract teaching staff who have professional education and work experience.

For a complete list of requirements, depending on the type of education, see the text of the Resolution.

IN regulations regulating the licensing of educational activities, the issue of the organizational and legal form of the licensee is not clearly addressed. The Law on Education No. 273-FZ gives the following concept educational organization: « non-profit organization carrying out educational activities as the main type of activity on the basis of a license.” The concept of “organization providing training” means a legal entity that conducts this activity as an additional activity.

• educational organizations;
• organizations providing training;
• individual entrepreneurs carrying out educational activities.

A license to conduct educational activities can be obtained regardless of legal form and commercial orientation of the licensee. At the same time, an LLC can obtain a license for educational activities if this line of business is additional and not the main one.

Documents for obtaining a license

The license applicant must document that he has created all the necessary conditions to provide services in the field of education. To do this, collect the following package of documents:

• application for a license;
• a document confirming the right to use the premises (a copy of the certificate of ownership, lease or sublease agreement);
• a copy of the LLC charter or a copy of the individual entrepreneur registration certificate;
• a copy of the Unified State Register of Legal Entities or Unified State Register of Entrepreneurs;
• a copy of the tax registration certificate of an LLC or individual entrepreneur;
• copies of the conclusions of the SES and State Fire Supervision on the compliance of the premises with the necessary requirements;
• certificate on the conditions for the functioning of the electronic information and educational environment;
• information about printed and electronic resources;
• certificate of teaching staff;
• certificate of approval of educational programs;
• certificate on the conditions for obtaining education by students with disabilities;
• certificate of logistics;
• confirmation of payment of state duty in the amount of 7,500 rubles;
• list of documents.

Certificate forms are available on the Ministry of Education website.

Procedure for obtaining a license

Licensing of educational activities is carried out by Rosobrnadzor and regional executive bodies. You must contact Rosobrandzor if you plan to open:

• higher education institution;
• organizations of federal significance;
• a Russian organization located outside the Russian Federation;
• foreign organization in Russia.

You can make an appointment at Rosobrandzor online on the official website.

In other cases, contact your regional government bodies who have the right to issue licenses. Contacts of these institutions are published on the Rosobrandzor website; to find them, select your region on the interactive map.

The procedure for obtaining an educational license consists of the following steps:

1. Study SNiP and SanPin for your field of study.
2. Prepare the room and equip it according to requirements and standards.
3. Obtain a conclusion from the SES and fire inspection for the premises.
4. Develop and approve educational programs.
5. Make sure that the teachers of your organization have the necessary documents on education, qualifications, and work experience.
6. Purchase furniture, equipment, appliances, educational literature, methodological manuals for conducting classes.
7. Pay the state fee for issuing a license.
8. Submit documents to the licensing authority.

Documents are accepted according to the inventory; if deficiencies are found in them, they are returned to the applicant for revision (for up to 30 days). After this, the stage of checking the accuracy of the submitted information begins, not only documentary, but also with an on-site visit. Within 60 days from the date of registration of the application, officials issue permission or refusal to obtain a license.

Refusal must be motivated and is possible on two grounds: unreliable information or lack of conditions for the learning process. The state fee in case of refusal is not refunded.

What happens if you work without a license?

For the provision of educational services without a license, administrative, tax and criminal liability is provided. The fines can reach 500 thousand rubles, and the term of imprisonment can be up to five years. Of course, such severe punishment is applied extremely rarely when work without a license has caused major damage or large-scale income has been generated.

In addition, the provision of services without a license reduces the competitiveness of an educational organization:

• there are no benefits when participating in an auction for the right to lease municipal real estate;
• a document confirming receipt of education or advanced training is not recognized;
• students studying in an unlicensed organization cannot receive a tax deduction for training costs;
• serious advertising sources do not accept advertisements from such organizations.

Before starting any business, you should first study the legal framework. Knowledge of laws and regulations will allow you to submit all reports in a timely manner and avoid many problems with regulatory authorities.

One of important aspects conducting any entrepreneurial activity is licensing. This issue is regulated by Federal Law 129-FZ of 08.08.2001 “On licensing of certain types of activities”. It sets out the basic licensing rules.

Licensing is essentially a confirmation of the right of a legal entity or individual entrepreneur to engage in one or another type of activity. Those types of activities that may cause harm to the health or life of citizens, their legitimate interests, or the cultural heritage and security of the country are subject to licensing.

Getting a license is not very difficult. Must be collected in a timely manner full package documents and submit an application to the appropriate authority. Before obtaining a license, you must clearly define for yourself what types of activities will be carried out legal entity or an individual entrepreneur.

Why do you need a license?

In addition to the types of activities for which a license is required, there are also those for which only a permit is sufficient. There are also a number of activities that are not subject to licensing at all.

However, if the type of activity has at least one of these characteristics, a license will most likely be required. These include:

• the possibility of causing harm to people, their rights and health;
• the possibility of causing harm to the environment;
• the possibility of causing harm to the state, defense;
• activities are related to the cultural heritage of the country.

Only after obtaining a license can you begin to engage in such activities.

All species subject to licensing can be divided into several groups. Since there are currently more than five hundred such activities, classifying them can help organize this information.

So, licensed types of activities include:

• activities related to the processing, release and distribution of any information security tools. The same activities include the production and maintenance of encryption devices, as well as the distribution of these devices or ensuring data protection;
• everything that can be attributed to the field of aviation - design, production, production, maintenance. This area also includes actions with military equipment;
• production, sale or servicing of any type of weapon;
• working with explosive or chemically hazardous substances that may be used as a result of production;
• activities related to firefighting. In this case, the only exception will be voluntary assistance in extinguishing fires by other organizations;
• activities related to maintenance and installation of equipment to ensure fire safety in government, commercial or residential premises;
• work with medicines, especially with narcotic and psychotropic substances. This group also includes activities related to the production and maintenance of medical equipment;
• activities related to genetic engineering;
• activities related to the transportation of passengers or cargo by air, water or rail;
• transportation of passengers in a vehicle with a capacity of more than eight seats;
• activities related to the disposal or storage of waste hazardous to life or health;
• maintenance and organization activities gambling, as well as sweepstakes;
• security activities, as well as the activities of private detectives;
• activities related to working with ferrous or non-ferrous metal, its processing, storage, transportation, sales;
• activities related to the employment of citizens outside the Russian Federation;
• communication services, work with audio or video products;
• educational activities;
• activities related to space exploration;
• working with cards that have national significance; activities related to hydrometeorology;
• carrying out examinations in production;
• working with explosive materials.

In a word, those types of activities are subject to licensing, the results of which may be dangerous to others or cause any harm. Licensed types of activities are disclosed in more detail in Art. 12 of the Federal Law "On licensing of certain types of activities".

Before starting work, it is necessary to clarify whether the chosen type of activity is subject to compulsory licensing.

How to get a license

Depending on the type of activity, the procedure for obtaining a license may differ. So, for some types you just need to write an application, for others you need to collect quite impressive packages of documents. For example, to obtain a license to operate a pharmaceutical company, you must go through two stages. First of all, a sanitary-epidemiological conclusion is obtained. Only with this certificate can you obtain a license.

The easiest way to obtain a license is to contact a lawyer. They will do everything right and in the shortest possible time.

Today, you can find out information about the list of necessary documents to obtain a license from many law firms. They can also help with collecting, checking documents and submitting them to the appropriate authorities. Of course, this is a paid service. In this case, you should decide what is more profitable - to spend time collecting information and a package of documents or to pay for the services of lawyers.

If you obtain a license yourself, you should contact the licensing authority. A certificate of registration must be submitted along with the application. individual as an individual entrepreneur (for individual entrepreneurs), as well as a certificate of registration with the tax authority and a receipt for payment of the license fee. The remaining list of documents is determined by the type of activity for which a license is obtained.

Courses, trainings and seminars, as a rule, do not belong to the concept of educational activities. The Law “On Education” has a definition of the word “education”: “Education in this Law is understood as a purposeful process of education and training in the interests of an individual, society, and state, accompanied by a statement of the achievement by a citizen (student) of educational levels (educational qualifications) established by the state.” (here highlight the words “process of education” and “accompanied by a statement of the achievement by a citizen (student) of educational levels established by the state (educational qualifications).”) English language courses, for example, as a rule, do not educate anyone. Also, they are not “accompanied by a statement of the student’s achievement of educational levels established by the state.”

How to open training courses without a license?

Regulations on licensing of educational activities, approved by Decree of the Government of the Russian Federation of March 16, 2011 N 174, educational activities carried out through one-time classes of various types (including lectures, internships, seminars) and not accompanied by final certification and issuance of educational documents, activities maintenance and upbringing of students and pupils, carried out without the implementation of educational programs, as well as individual labor pedagogical activities are not subject to licensing. Thus, activities in organizing children's clubs, as well as individual labor pedagogical activities (home teacher and classes with children, assistance in preparing home tasks) are not subject to licensing.” For the rest, read my previous one.

When is a license required for training?

After completing such a seminar, the student can receive a certificate confirming only the fact of his participation in the seminar. - this is the organization and holding of conferences, symposiums, meetings with various thematic speeches and reports of participants, etc.; - This different kinds information and consulting (not training!) services provided on a reimbursable basis; - these are all kinds of entertainment events: discos, shows, interactive games, quests, watching performances, organizing competitions, exhibitions, holding birthdays, etc. That is, a different range of services, which the new OKVED classifies as cultural and entertainment leisure for clients and is discussed in section R “Activities in the field of culture, sports, leisure and entertainment.”

Who does not require a license for educational activities?

Law No. 273-FZ;

• other training services. In this case, a license is not needed.

In the field of licensed vocational training, individual entrepreneurs can only teach basic vocational training programs. Moreover, if they are engaged in training independently, without the involvement of teaching staff, then they do not require a license.
20 tbsp. 2, part 1 art. 21, part 1, 3, 5 art. 32, part 2 art. 91

Law No. 273-FZ. And if they work with teachers, then from January 1, 2014 they cannot engage in vocational training without a license. 10 tbsp. 108 of Law No. 273-FZ. Doctors most often improve their qualifications at the expense of employers, and auditors at their own expense. What type of training is considered training in educational program? This is a study that is aimed at obtaining citizenship.

9 tbsp. 2, part 1 art.

Project for the development of training centers

Also, without a license, personal running of clubs, sections or studios is allowed, carried out by an individual entrepreneur without the involvement of additional specialists. Before the entry into force of Resolution No. 966, obtaining a license was not required in cases where, as a result of study, certification was not carried out and a final document on the education received was not issued.

Info

Examples of such situations are trainings, seminars or lectures. Recent changes have led to the fact that this activity can be carried out without a license, but this is due to the fact that it is not educational.

According to the new classification, such services are classified as cultural or leisure.

License to organize courses

There are three types of programs:

• training of workers by profession, employees by position;
• retraining of workers and employees;
• advanced training of workers and employees.

The types of services listed above contain an almost complete list of situations when a license for educational activities is required. Cases when a license for educational activities is not required Currently current legislation there is only one case when a license for educational activities is not required.

It represents a situation in which the service is provided personally by an officially registered individual entrepreneur. However, he cannot hire other specialists, working only independently.
Examples of such activities are the services of a tutor, a private teacher with the necessary work experience and education.

Do I need a license to conduct courses in Ukraine?

The agreement is drawn up on 7 pages and contains the following sections: - subject of the agreement - General terms provision of services - rights and obligations of the parties - payment for services - grounds for changing and terminating the contract - liability for failure to fulfill obligations under the contract - sections on dispute resolution and other conditions - section on personal data - details - an appendix indicating the subject of consultations, their duration and other conditions. The signatures of the customer and the contractor are placed on each page.

Attention

Frequently asked questions Buy a contract Contract worth 2000 rubles Still have questions? Call us 8 922 888-47-45 Reviews My wife and I opened an LLC in Barnaul and teach English language. We work without a license, on the basis of a contract purchased from you.

There are no questions from the governing bodies.

Do I need a license to conduct advanced training courses?

By Order of the Ministry of Education and Science dated July 1, 2013 No. 499, such studies are subject to licensing only if the organization issues students 20 tbsp. 2, paragraph 1, part 1, part 3, 10, 12 art. 60, part 15 art. 76 of Law No. 273-FZ:

• Upon successful completion of studies (passing the final certification, paragraph 1, article 74, paragraph 14, article 76 of Law No. 273-FZ) - a qualification document called:

• <илисвидетельство о профессии рабочего (должности служащего);
• <илиудостоверение о повышении квалификации;
• <илидиплом о профподготовке;

• in all other cases (final certification was not carried out, its results are unsatisfactory, training was not completed due to expulsion, etc.)

Do I need a license for English language courses?

Types of educational services that require a license The above legislative acts provide for the mandatory receipt of a license for educational activities if an organization or individual entrepreneur provides services in preschool, general, vocational, additional vocational education or vocational training. For a more accurate idea of ​​the specific types of educational activities that are subject to licensing, each of them should be considered separately.

Preschool and secondary general education A type of educational activity that absolutely every person encounters. After changes are made to federal legislation, such services can be provided by both non-profit and commercial organizations. At the same time, they are required to obtain a license.

Do I need a license for foreign language courses?

CONCLUSION If, upon completion of vocational training, the organization does not issue citizens with any documents on training or issues, but these documents do not indicate an increase or assignment of a new qualification (rank, class, category), then an educational license is not required for such studies. In particular, a license is not needed for organizations that conduct courses, seminars, trainings and any other classes if, at the end of them, a document is issued stating that the citizen has simply attended a certain number of hours on a certain professional topic (for example, a certificate of attendance at a training).

How the accounting for expenses for vocational training has changed. The tax accounting for expenses for training has changed only for simplifiers (with the object of taxation being “income minus expenses”). Previously, they could take into account the costs of any professional training for employees.

In Russia, in order to conduct certain types of business activities, it is necessary to obtain the appropriate permit or license. In total, the list of licensed activities includes over five dozen items. Federal legislation has approved a complete list (Federal Law dated May 4, 2011 N 99-FZ). It includes many services that are often chosen as the main ones by beginning entrepreneurs and representatives of small and medium-sized businesses.

What types of activities require a license?

It is quite common in our country to obtain a license for:

• provision of transportation services for more than eight people by road (not counting the own needs of the legal entity/individual entrepreneur);
• production and sale of original printed products;
• security and detective services;
• services for finding jobs for Russians abroad;
• provision of communication services;
• implementation of radio and television broadcasting;
• manipulations related to scrap (non-ferrous and ferrous metals);
• extinguishing fires in places where people live, at enterprises and other facilities;
• work with fire safety devices in premises;
• manufacturing of medicines;
• educational services;
• copying of copyright works (audio, video), computer programs, information databases, phonograms (the own activities of persons who have related or copyright rights are not considered);
• geodesy/cartography services (federal work);
• services in the field of public health;
• pharmaceutical activities;
• management of residential multi-apartment facilities;
• surveying work.

In addition, the list includes many types of business that are less widespread, but also require a license. These include work involving the use of ion radiation sources; with an impact on the processes and phenomena of the hydrometeorological and geophysical spheres. A license is also required to carry out work aimed at preserving the country’s cultural heritage sites and carrying out industrial safety assessments. As well as work related to the handling of industrial explosives, any activity (development, production, sale, testing, storage, repair) with weapons, military equipment and special means (technical) for secretly obtaining data.

In addition, a license is required for:

• Development and production of technical protection systems for confidential information, provision of protection services.
• Manipulations with ammunition and pyrotechnics (grades four and five).
• Work with chemical weapons (storage, disposal).
• Operation of hazardous facilities (explosion, fire and chemical) production, from the first to the third hazard class.
• Trafficking in narcotic and psychotropic drugs, growing plants containing narcotic elements.
• Manufacturing/maintenance of equipment used in healthcare.
• Transport services on water and sea space (transportation of passengers, dangerous goods by specialized transport).
• Perform work related to the air transportation of people and cargo.
• Providing services for the transportation of passengers and goods by rail.
• Carrying out work on loading and unloading dangerous goods in seaports and on railways.
• Towing by sea.
• Manipulations with waste from the first to fourth hazard classes.
• Conducting and organizing gambling.

There is another list. Only the specified requirements are prescribed not in the licensing law, but in other regulatory legal acts:

• in the nuclear energy industry;
• production and sale of strong alcohol;
• lending;
• protection of state secrets;
• conducting auctions;
• work on the securities market;
• clearing activities;
• provision of insurance services;
• space industry.

The list shows that in most cases, licensing is required for activities involving large amounts of financial resources. Small and medium-sized businessmen rarely choose any of the industries listed in the latest list for their work. The only exception is the sale of strong alcohol.

Which OKVED codes correspond to licensed types of activities?

There are differences between the types of activities that require a license and the OKVED classifier codes that must be indicated for a legal entity. In some cases, the types of activities coincide 100% with the OKVED classifier codes. For example, the activity of manufacturing medicines has an OKVED code of 21.20, and services for transporting passengers by rail has a code of 49.10.

In contrast, activities related to the pharmaceutical industry, which also require a license, correspond to a number of classifier codes. For example, code 46.46 is prescribed for the wholesale sale of drugs, 47.73 for the retail sale of drugs in pharmacies, 21.20 for the manufacture of drugs. This is why, when registering an individual entrepreneur or legal entity, difficulties arise in selecting the OKVED classifier code for the licensed line of business. If difficulties arise, you can contact a specialized organization that provides consulting services. Specialists will help you correctly select OKVED codes for registration, so that an individual entrepreneur or legal entity can subsequently provide a full range of services.

Where to get a license

If the type of activity requires a license, then starting work before receiving a special permit is unacceptable. This is a violation of federal law, which is punishable by fines, confiscation of property, materials, equipment and other types of punishment, including criminal penalties. Only individual entrepreneurs and legal entities have the right to conduct licensed activities. persons with special permission paper.

Government agencies are responsible for issuing the document required for work (depending on the profile of the licensed activity. For example, the provision of services in the education sector is regulated by Rosobrnadzor, issues of transportation of people are regulated by Rostransnadzor. You can obtain a permit for security activities from the Ministry of Internal Affairs. You can engage in medical and pharmaceutical activities, manufacturing medicines after obtaining a license from Roszdravnadzor and Rosselkhoznadzor. Permission for the retail sale of alcohol is issued by the Federal Alcohol Regulatory Authority. In the regions, you should contact the territorial divisions of the authorized bodies.

Read also: FSB and FSTEC licenses - legislation and requirements for obtaining

What is needed to obtain a license

Before starting to conduct a particular type of activity, you should clarify whether the chosen organizational and legal form allows it to be carried out. The fact is that some types of activities that require a license can only be carried out by legal entities. For example, individual entrepreneurs do not have the right to sell strong alcohol at retail. They are only allowed to sell beer. The individual entrepreneur form does not allow you to conduct credit activities or work in the insurance industry.

How much does a license cost?

The cost of obtaining a license is regulated by the Tax Code of the Russian Federation. The document specifies the amount of state duty for obtaining the document. It is set at 7,500 rubles for any type of activity except:

• banking (the duty is 0.1% of the authorized capital, but not more than five hundred thousand rubles);
• related to the retail sale of alcohol (duty - 65 thousand rubles for each year while the permit is valid);
• production, storage, purchase and supply of ethyl alcohol and alcoholic products (from eight hundred thousand rubles to nine and a half million rubles);
• management of apartment buildings (three tens of thousands of rubles).

You will have to pay the fee only once for the entire validity period of the license (except for those related to alcohol). In most cases, permits are issued for an indefinite period; there are no restrictions on their validity period. But in some cases a limit is still set. For example, an “alcohol” license is not issued for longer than five years.

Please note that when a license is refused, the fee is not refunded.

Required documents to receive

To obtain the right to conduct one or another licensed activity, you will need to prepare and then send to the authority authorized to issue a package of documents. One of the main ones on this list is a statement written in an approved form. It is spelled out in the licensing regulations for each specific type of activity. You will need to provide copies of all constituent documents. Please note that they must be notarized, otherwise the papers will not be accepted. A list of documents that may be required to obtain a license for a specific type of activity is compiled separately. The presence or absence of such can be found in the licensing regulations of the issuing authority.

How to get a license

You can submit a package of documents to the government agency authorized to issue licenses in person. Another option that the law allows is sending by mail with a valuable letter. A representative with a power of attorney can present the papers. It is allowed to send a package of documents in electronic form if all of them are certified by an electronic signature.

Within 3 working days after sending the application, the authority authorized to issue licenses makes a decision on whether to accept the papers or return them (a justification indicating the reasons must be attached). If the collected package of documents is incomplete or poorly prepared, the application is not written in compliance with all conditions, then within three days (working days) the applicant will receive a notification about the need to eliminate the violations. 30 calendar days are given to correct defects.

If the package of documents was correct and complete, then the licensing authority is given 45 days to review it. At this time, the veracity, accuracy and completeness of the information provided is checked. Then, within five working days, a decision is made to grant a license. It is issued through an order (instruction). Three days after signing the license, it is handed over to the applicant.

Liquor license

The circulation of alcohol within Russia is regulated by law. This process is monitored by Rosalkogolregulirovanie. The same structure is responsible for issuing licenses for activities related to the circulation of alcohol in the country.

When it comes to product turnover, in which > 15 percent. ethyl alcohol, an appropriate license is required. Moreover, we are talking specifically about food products; non-food products (perfumes, paints, etc.) do not fall under these requirements.

There are separate licenses for the sale of alcohol-containing products wholesale and retail. The cost of a retail license is 7.5 thousand rubles. Wholesale sales of products (our own) will cost 9.5 million rubles, wine – 800 thousand rubles. The license for the wholesale sale of products purchased externally is valued at the same amount. All amounts are indicated for a license valid for a year.

The minimum authorized capital of a legal entity applying for a license to sell alcohol at retail must be ten thousand (in the capital - one million rubles). For wholesale sales – from 10 million rubles.

One of the conditions for obtaining a permit is the availability of premises that meet certain requirements. If we are talking about a cafe where alcohol will be sold, then its area should be more than fifty square meters. The object must be permanent and not temporary. It is necessary to have water supply and drainage systems, electricity and heating. The place where alcohol is sold must be located more than 100 m from sports, educational and medical institutions.

To obtain a license, you will need to submit a package of constituent documents, papers for the premises (ownership/lease), as well as a conclusion from Rospotrebnadzor. You will be required to provide copies of the floor plan. In addition, you will need to provide the originals: a document confirming the premises’ compliance with fire safety standards and a certificate of absence of tax debts and other papers. The full list can be found in the Federal Alcohol Regulatory Authority.

The main regulatory document that regulates licensing is the Federal Law “On Licensing of Certain Types of Activities” No. 99-FZ of May 4, 2011. Also, the specifics of licensing each type of activity are established by regulations approved by the Government of the Russian Federation.

Obtaining a license to carry out a licensed activity is a legal requirement, so the question “why is licensing needed” does not arise, because Without obtaining a license, the state will not allow the enterprise to do business.

Let's figure out in what case and how to obtain a license.

When is a license needed?

The list of activities for which licenses are required is strictly defined in paragraph 1 of Art. 12 99-FZ. If an activity is not on the list, then permission is not required for its implementation.

A separate license is provided for each type of activity. which operates throughout the Russian Federation. You just need to notify the licensing authority of the region where you plan to expand.

The validity period of the license is unlimited, which means that it will not need to be changed unless the basic details of the organization or individual entrepreneur change.

Documents to obtain a license must be submitted immediately after state registration. Or before starting a licensed activity.

The requirements that an organization must meet in order to obtain a license and carry out activities are established by the licensing regulations for a specific type of activity.

For example, if you decide to engage in medical practice, then in order to obtain a license you must meet the following basic characteristics:

1. the premises must be owned or rented;
2. there must be medical equipment, devices necessary for the provision of services;
3. managers and responsible employees must have higher medical education, appropriate qualifications and work experience of at least 5 years;
4. employment contracts must be concluded with employees;
5. availability of quality and safety control.

There may also be restrictions on the organizational and legal form, for example, an individual entrepreneur cannot obtain a license for the production and sale of alcoholic products; licenses are provided exclusively to legal entities.

What documents are needed to obtain a license?

The following package of documents must be submitted to the licensing authority:

• application in the prescribed form;
• copies of the organization’s constituent documents, certified by a notary;
• necessary documents that may be established by the regulations on licensing a specific type of activity;
• list of attached documents.

The application form is established by the regulations on licensing a particular type of activity.

Methods for submitting documents:

• personally
• by mail with a valuable letter
• by proxy through a representative

It can also be done electronically, with an electronic signature. But in practice this method is now little used.

Where to apply and deadlines for obtaining a license

Licensing authorities are identified by type of activity in the List approved by Decree of the Government of the Russian Federation of November 21, 2011 N 957. You must contact their regional departments. For example, the Ministry of Emergency Situations carries out licensing of activities to ensure fire safety, the Ministry of Internal Affairs - security activities, Roszdravnadzor - pharmaceutical activities.

Within three working days from the date of submission of the application, the licensing authority makes a decision on consideration or return with a reasoned justification of the reasons for the return.

If the application reveals a violation of the requirements or the documents are not presented in full, then within three working days the licensing authority will issue a notice of the need to eliminate. 30 days are given for correction.

Within 45 working days from the date of receipt of the application and documents, the completeness and accuracy of the information is checked and a decision is made to grant a license. The decision is formalized by order (instruction) of the licensing authority. Within 3 working days after the license is signed by the licensing authority, it is handed over to the company.

In practice, unfortunately, it is not always possible to meet the deadlines established by law; the licensing authority will certainly try to find inconsistencies, which will delay the process of obtaining a license.

Checks

Companies that have received a license to operate are monitored, so an entrepreneur needs to be prepared for scheduled and unscheduled inspections.

Scheduled inspections are carried out on the basis of the approved schedule. Each type of activity has a different frequency of inspections, the terms vary from one year to three years.

An unscheduled on-site inspection may be scheduled if:

1. the deadline for eliminating identified violations of licensing requirements has expired;
2. the licensing authority has received appeals and statements of gross violations of licensing requirements;
3. expiration of the period for which the license was suspended;
4. if the organization requests that the licensing authority conduct an unscheduled on-site inspection in order to establish the fact of early elimination of violations by the licensing authority;
5. by order (instruction) issued by the licensing authority in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation.