Responsibility for Violation of Antimonopoly Legislation

1. Civil liability - recovery of losses caused to an economic entity.

2. Administrative responsibility (fines) in accordance with Art. Art. 19.5, 19.8 of the Code of Administrative Offenses of the Russian Federation comes for failure to comply with the instructions of the antimonopoly authority, failure to submit petitions and notifications for the implementation of antimonopoly control. The maximum fine for business entities is 5,000 minimum wages

3 . Criminal liability under Art. 178 of the Criminal Code of the Russian Federation comes for:

monopolistic actions carried out by setting monopoly prices;

limiting competition by dividing the market, limiting access to the market, establishing and maintaining uniform prices.

fines from 200 to 700 minimum wages;

arrest from 4 to 6 months;

imprisonment up to 7 years;

confiscation of property.

Legal Institute of Licensing entrepreneurial activity is relatively new in Russian legislation. Its formation took place in the early 1990s. It was associated with the transition of Russia to a market economy and the formation Russian statehood. It was during this period that the need for a special type of state supervision over the activities of entrepreneurs engaged in various types activities.

AT modern conditions For the development of entrepreneurship in Russia, the problem of state supervision, represented by various bodies, over the activities of economic entities is topical. This oversight has a dual purpose.

First, with the help of supervision, the creation and activities of entrepreneurs are streamlined. So, with the help of supervision, the creation of "one-day firms" that are not able to meet their obligations is avoided, thereby the state protects the rights and freedoms of its citizens.

Secondly, the state seeks to extract income for itself and protect its rights, monopolies on the most priority activities.

It is licensing, being one of the types of supervision, that is a special type of state activity aimed at ensuring the rights, legitimate interests, morality and health of citizens, ensuring the country's defense and state security. From this definition, it becomes clear that licensing as a form of state supervision protects both public and private interests.

The highest rates of development of the institution of licensing were observed in the period 1995-1998, when the practice of regulating licensing relations by decrees of the federal government and, to a much lesser extent, by decrees of the President of Russia, became widespread. An important role in the development of the licensing institution was played by the adoption in 1994 and 1996 of two parts of the Civil Code of the Russian Federation. With acceptance State Duma On October 21, 1994, part one of the Civil Code of the Russian Federation, the problem of an adequate correlation of licensing regulation in federal laws and by-laws became one of the most urgent. Almost all types of commercial, as well as certain types non-commercial activities were licensed at that time. However, legitimate entrepreneurial activity was constrained due to the clearly insufficient development legal framework. The legal regulation of the institution of licensing was carried out during this period by federal laws, laws of the Russian Federation, the RSFSR, the USSR, as well as numerous by-laws. Their use in the absence of a basic federal law on licensing gave rise to numerous conflicts, contributed to the illegal activities of licensees and officials licensing authorities.

Adopted in 1998, the Federal Law "On Licensing certain types activity” became the normative legal act that summed up a kind of intermediate result in the development of licensing as a legal institution. Thanks to its adoption, the preconditions for legislative support of constitutional guarantees of citizens in the field of economic activity. But this law, despite its progressiveness, did not last long, because it seems to have contained an excessive number of licensed activities. In this regard, in 2001 there was a need to reduce their number. This reduction occurred during the adoption of the Federal Law of August 8, 2001 "On licensing certain types of activities."

The concept of "licensing", denoting a kind of permissive policy of the state, has been relatively recently introduced into the everyday life of domestic administrative-legal science and the science of business law. In the activities of the executive and administrative bodies of imperial (tsarist) Russia, licensing methods were used during the period of the so-called continental blockade (1811-1812). During this period, England's foreign trade activities were limited due to its acute conflict with France. Russia issued licenses for trade with England, called "preferential letters" (Freibriefe).

However, the participation of the Russian Empire in the continental blockade, expressed in the introduction of short-term licensing in the field foreign trade activities Russia, significantly infringed on the interests of domestic producers. And it seems that this measure was more of a political nature than an economic and legal one.

The use of licensing methods under the Soviet legal system was very limited. In the field of export-import activities, the issuance of licenses by the Ministry of Foreign Trade of the USSR and the subsequent conclusion of contracts by state trade organizations was one of the forms of exercising the monopoly of foreign trade. As a second type of licensing provided for by the Soviet legal system, one could consider the issuance of a permit to use an invention or other technical achievement provided on the basis of a license agreement. In the field of intellectual property law, there was and still is a license agreement, which, in my opinion, has nothing to do with licensing as a form of state supervision.

Development of the licensing institution at the turn of 1991-1992. due to the change of economic and legal formations; under these conditions, the state was interested in intensifying private law activities, but its implementation outside state regulation was not possible. There is a need to introduce methods to effectively ensure the protection of the rights of citizens and the economic security of Russia. Licensing has become one of these methods.

The practice of licensing was especially developed in 1994 in connection with the adoption by the Government of the Russian Federation of a basic resolution regulating the issuance, suspension and annulment of licenses by executive authorities: only for the period 1994-1998. (until the adoption of the Federal Law of September 25, 1998 "On Licensing Certain Types of Activities") executive authorities licensed over 900 types of commercial and even (in rare cases) non-commercial activities.

Modern stage development of licensing is characterized by a reduction in the number of licensed activities. This is primarily due to the fact that an excess of licensed activities gives rise to the so-called. "administrative barriers", the excess of which hinders the development of the state with a market economy.

Unfortunately, the legal aspects of the institution of licensing are covered in the literature insufficiently and rather superficially. Nevertheless, licensing as a relatively new and rather complex social and legal phenomenon seems to be quite interesting to study, especially at the present time - in the era of the development of a market economy and the formation of a relatively new Russian statehood.

Despite the extensive legal framework, legal aspect of the Licensing Institute has not been fully investigated. The question of the essence and legal nature of this institution is debatable.

According to J.A. Ionova, licensing is a form of legitimation of entrepreneurship. This point of view is most often found in the literature. Perhaps we can agree with her, but only in part. It would be more accurate to say that licensing is a form of legalization of certain types of entrepreneurial activity.

O. Oleinik believes that “licensing is a legal regime for the initiation and implementation of certain types of entrepreneurial activities recognized by law, involving:

state confirmation and determination of the limits of the right to maintain economic activity;

state control over the implementation of activities;

the possibility of termination of activities on special grounds by state bodies.

In this definition, we are talking about the right that a legal entity acquires during licensing, but the content of this right is not disclosed.

A.I. Tsikhotskaya believes that the real content of licensing is the organizational and corrective impact of the state on the managed object and that licensing is one of the functions government controlled, that is, one of the most common and typical ways in which the state influences economic entities. But even this definition does not reveal the legal content of licensing.

In general, these points of view make it possible to single out several aspects of such a phenomenon as licensing.

Firstly, licensing, as a specific type of activity of the competent authorities, is a set of measures for granting, revoking, suspending licenses, etc., carried out by state authorities within their competence. The closest definition is found in the current legislation.

Secondly, licensing, as a legal institution, is a system of legal norms governing relations in the field of granting, revocation, cancellation, suspension of licenses, supervision over the implementation of licensing rules by the subjects of licensing relations, and bringing to justice violators of these rules. This can also include the features of licensing certain types of business activities.

Thirdly, licensing, as a procedure, is a prerequisite for the emergence of a special legal capacity, legal capacity, delictual capacity of the licensee in the field of the licensed type of activity.

Fourthly, licensing, as a form of public administration, a tool public policy, is considered as a certain lever of influence on the activities of entrepreneurs in the implementation of certain types of activities.

The Law on Licensing (Article 2) gives the following legitimate definition: “Licensing is an activity related to the granting of licenses, reissuance of documents confirming the availability of licenses, suspension and renewal of licenses, cancellation of licenses and control of licensing authorities over compliance by licensees in the implementation of licensed types activities of the relevant license requirements and conditions.

Here, it seems to us, a "bureaucratic" bias is made to the fact that licensing is a complex of actions of state bodies. Although, to a greater extent, licensing is one of the most common ways to ensure national interests in the field of private law activities. As mentioned above, in the conditions of the Soviet legal system it was rarely used due to the obvious primacy of public law institutions over the interests of business entities. The impact of the state at that time could be ensured by tightening supervision in the field of private law activities. The formation of a market economy brought to life this method of public administration.

Licensing is a special method of regulating public relations: the relationship of the licensee with licensing authorities, state supervisory and control authorities is based on the imperious subordination of one side to the other - this is precisely the circumstance according to paragraph 3 of Art. 2 of the Civil Code, practically excludes the application of civil law in this area.

Although the Civil Code of the Russian Federation in Art. 49 notes that legal entities have the right to engage in any activity that is permitted by law and is fixed in the charter, but there are types of activities for which it is necessary to obtain a special permit - a license. This rule applies to all legal entities and individual entrepreneurs.

From the meaning of Art. 49 of the Civil Code of the Russian Federation, it can be concluded that a license is a special permit, on the basis of which a legal entity has the right to engage in activities, the list of which is established by law.

Apparently Art. 49 of the Civil Code needs to be corrected.

First, individual entrepreneurs must be added to legal entities.

Secondly, instead of the words “established by law”, one should use “established by federal laws”, because. The Licensing Law does not apply to all licensed activities, therefore, there is simply no single law in this area.

The definition of a license in the Law on Licensing is much more aptly formulated. In accordance with Art. 2 of the Law, a license is a special permit to carry out a specific type of activity subject to the obligatory observance of licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur. Licensing requirements and conditions are established by the regulations on licensing specific types of activities. At the same time, Article 3 of the Law on Licensing sets out the principles for the implementation of licensing. This is:

- Ensuring the unity of the economic space on the territory of the Russian Federation. This principle is expressed in the fact that, firstly, almost all licensed activities are regulated by federal acts; secondly, if there is an agreement between the subjects of the Russian Federation, a license issued in the territory of one subject of the Russian Federation may also be valid in the territory of another subject; thirdly, the size of the license fee is the same throughout the Russian Federation, etc.;

– establishment of a unified list of licensed activities. This list is established by Decree of the Government of the Russian Federation of February 11, 2002 No. 135 “On licensing certain types of activities”;

– establishment of a unified procedure for licensing on the territory of the Russian Federation. This procedure is established by federal acts;

– establishment of licensing requirements and conditions by regulations on licensing specific types of activities. In development of the provisions of the Law and the Decree on Licensing, the Government of the Russian Federation has adopted regulations on licensing specific types of activities. Previously, these provisions were approved by the federal ministries, their structural subdivisions, and the authorities of the constituent entities of the Russian Federation;

- publicity and openness of licensing. This principle is expressed in the fact that all laws and other regulatory legal acts relating to licensing are subject to official publication (Part 3, Article 15 of the Constitution of the Russian Federation);

- compliance with the law in the implementation of licensing. This principle is also enshrined in the Constitution of the Russian Federation (part 2, article 15) and is expressed in the obligation of everyone to comply with the prescriptions of laws and other regulatory legal acts.

The right of a legal entity to carry out a licensed activity is associated with obtaining a license. From the moment it is received, a legal entity is endowed with the desired rights and obligations of a licensee, the most important of which is compliance with license requirements and conditions. Thus, the legal capacity of a legal entity arises in full after its empowerment as a licensee. A change in legal capacity is most often associated with the suspension by the licensing authority of the license and additional obligations of the licensee to eliminate the circumstances that led to the suspension of the latter. In accordance with Part 3 of Art. 49 of the Civil Code, the right of a legal entity to carry out activities for which a license is required is terminated upon the expiration of its validity period, unless otherwise provided by federal law, a decree of the President of Russia or a resolution of the federal Government. There are the following prerequisites for the termination of the licensee's powers as a legal entity:

- the objective prerequisites for the termination of the status of a licensee include the liquidation of a legal entity (for a citizen-entrepreneur - death) by decision of its founders or body of a legal entity and other circumstances specified in paragraph 2 of Art. 61 GK;

– the subjective prerequisites for the termination of the licensee’s powers are circumstances related to the unlawful action (inaction) of persons performing organizational and administrative or administrative duties on behalf of the legal entity: for example, when a court recognizes the certificate of registration of a legal entity as invalid.

Thus, in addition to the circumstances specified in Part 3 of Art. 49 of the Civil Code (license expiration), you can specify the following reasons for the termination of the licensee's legal capacity as a legal entity:

- liquidation of a legal entity or termination of its activities as a result of reorganization (a legal entity is considered to have ceased to exist after an entry about this is made in the unified state register of legal entities - clause 8 of article 63 of the Civil Code);

- Cancellation of the license.

Individual entrepreneurs are the most common type of subjects of licensing relations. All types of licensed activities carried out by individuals are classified as entrepreneurial activities. Individual entrepreneurs act without forming a legal entity, their civil legal capacity coincides with the legal capacity of legal entities - commercial organizations; thus, the main purpose of the activity of individual entrepreneurs, endowed with the powers of a licensee, is to make a profit.

Most of the stages of licensing regulation are provided by the authorities of the competent authorities. The issuance of a license is preceded by the applicant's application to the licensing authority. This initiative of the license applicant also gives rise to his obligation to register with the tax authority, pay a fee for consideration of his application by the licensing authority, and submit the required documents. The stage of consideration of the application of the license applicant for the issuance of a license ends with the adoption by the licensing authority of a decision on such issuance or on refusal to satisfy the applicant's application. The license applicant has the right to choose the administrative method of appealing against the decision to refuse to issue a license, requiring an independent examination. However, the expert opinion is not binding on the licensing authority - the latter is obliged to reconsider the specified application and, based on its results, has the right to refuse to issue a license to the license applicant for the second time. Thus, the licensing authority, in comparison with the license applicant, has more significant potential in the process of appealing against the said decision by the latter.

The priority of the national interests is also ensured at the subsequent stages of licensing regulation: the licensee is obliged to comply with the licensing requirements and conditions, as well as obey the legal requirement of the state body in the exercise of control and supervision.

After obtaining a license, its applicant is called a licensee. Data on the issuance of a license to him (as well as on suspension and revocation) are entered in the register of licenses - a set of data on the granting of licenses, reissuance of documents confirming the availability of licenses, suspension and renewal of licenses and cancellation of licenses.

To obtain a license, the applicant submits the following documents to the relevant licensing authority: an application, constituent documents, certificates of state registration and registration with the tax authority, a receipt for payment of the license fee, as well as documents confirming the qualifications of the applicant's employees.

In addition to these documents, the provisions on licensing specific types of activities may provide for the submission of other documents. It is not allowed to require the license applicant to submit documents that are not provided for by law. All documents submitted to the relevant licensing authority for granting a license are accepted according to the inventory, a copy of which is sent (delivered) to the license applicant with a note on the date of receipt of documents by the specified authority.

Licensing authorities are only executive authorities of the Russian Federation or subjects of the Russian Federation. The new Law on Licensing excluded from the number of licensing bodies the bodies local government, President of the Russian Federation, courts. The only sources of licensing requirements and conditions are regulations on licensing specific types of activities, approved by the Government of the Russian Federation. But the President of the Russian Federation, being excluded from the number of licensing bodies, nevertheless has the opportunity to influence the implementation of licensing, because. it defines the main directions of internal and foreign policy states, integral part which is licensing.

The licensing authority makes a decision to grant or refuse to grant a license within a period not exceeding 60 days (under the previous law - 30) from the date of receipt of an application for a license with all necessary documents. The corresponding decision is drawn up by order of the licensing authority. More short time making a decision to grant or refuse to grant a license may be established by the regulations on licensing specific types of activities.

The decision to grant a license (refusal to grant) is formalized by order of the licensing authority. The licensing authority is obliged to notify the license applicant of the decision to grant or refuse to grant a license. A notice of the grant of a license shall be sent (delivered) to the license applicant in writing, indicating the details of the bank account and the deadline for paying the license fee for granting the license. A notice of refusal to grant a license shall be sent (delivered) to the license applicant in writing, indicating the reasons for the refusal.

Within three days after the license applicant submits a document confirming the payment of the license fee for granting a license, the licensing authority shall issue to the licensee a document confirming the existence of a license free of charge.

The licensee has the right to receive duplicates specified document. Duplicates of the specified document are provided to the licensee for a fee equal to the fee established for the provision of information contained in the register of licenses (100 rubles).

In accordance with Art. 15 of the Federal Law “On Licensing”, a license fee of 300 rubles is charged for consideration by the licensing authority of an application for a license. A license fee of 1000 rubles is charged for granting a license. The amounts of license fees specified in this article shall be credited to the relevant budgets.

By earlier current law license fees were set at multiples of the minimum wage. At the same time, only the maximum amounts of license fees were set. The amount of license fees itself was determined by the licensing authority itself (but not more than the aforementioned maximum).

For each type of activity specified in Art. 17 of the Federal Law "On Licensing", a license is granted. The type of activity for which the license has been issued can only be carried out by the person who received it, i.e. there is no right of the licensee to transfer it to another person.

If the license is issued by the executive authority of the Russian Federation, then the activity can be carried out on the entire territory of the Russian Federation. If the license is issued by the executive authority of the constituent entity of the Russian Federation, then it, according to general rule, can be conducted only within the limits of the given subject. But in practice, there are often cases when the subjects of the Russian Federation “agree” among themselves that a license issued for a specific type of activity in one subject is also valid on the territory of another subject.

The period of validity of a license cannot be less than five years (according to the old law - at least three years). The validity period of the license upon its expiration may be extended at the request of the licensee. The extension of the license is carried out in the order of reissuing a document confirming the existence of a license, i.e. the licensee has to pay the corresponding fee again, apply to the licensing authority, etc. Regulations on licensing specific types of activities may provide for the perpetual validity of the license.

The new Law on Licensing, unlike the previous one, does not provide for the possibility for the licensing authority to refuse to renew a license. The progress of the law is obvious: one of the administrative barriers on the way to entrepreneurial activity has been removed.

Licensing authorities have the right to suspend a license if the licensing authorities detect repeated violations or gross violations by the licensee of license requirements and conditions (for more details, see below).

The licensing body is obliged to set a deadline for the licensee to eliminate the violations that led to the suspension of the license. This period may not exceed six months. In case if in fixed time the licensee has not eliminated these violations, the licensing authority is obliged to apply to the court with an application to cancel the license.

Suspension of a license is a preventive measure of state influence, aimed at preventing or stopping the illegal activities of the licensee. Only the licensing authority that issued it has the right to suspend the license, these sanctions are applied if the latter or another detects government agency violations by the licensee of license requirements and conditions.

Suspension of a license is carried out at the discretion of the licensing authority that issued it, which must take into account the potential harmfulness of the identified violations or the public danger of damage to national or private law interests caused by the actions of the licensee.

The licensing authority has the right to suspend the license based on the results of its own supervisory activities or on the basis of violations identified by state bodies: the latter include not only specialized supervisory and control bodies, but also other bodies state power, for example, internal affairs bodies, bodies of the Federal Security Service of the Russian Federation (FSB), etc. The suspension of a license by a licensing authority is always preceded by its appeal to the licensee, which indicates violations of license requirements and conditions identified by the results of supervision, determined by federal law or regulations on licensing, approved by the Government of the Russian Federation. The decision of the licensing authority must determine the time limit for the elimination of identified violations; failure by the licensee to comply with this decision within the specified period may lead to suspension of the license.

The licensee is obliged to notify the licensing authority in writing of the elimination of the violations that led to the suspension of the license. The licensing authority that has suspended the license shall make a decision to renew it and notify the licensee thereof in writing within three days after receiving the relevant notification and verifying that the licensee has eliminated the violations that led to the suspension of the license.

There is no license renewal fee. The validity period of the license for the period of suspension of its validity is not extended.

The license loses its legal force in the event of liquidation of a legal entity or termination of its activities as a result of reorganization, with the exception of its transformation, or termination of the certificate of state registration of a citizen as an individual entrepreneur. In these cases, there is a renewal of the document confirming the existence of a license.

In the event of a transformation of a legal entity, a change in its name or location, or a change in the name or place of residence of an individual entrepreneur, or the loss of a document confirming the existence of a license, the licensee - a legal entity (its successor) or an individual entrepreneur - is obliged no later than fifteen days submit an application for reissuing a document confirming the existence of a license, with the attachment of documents confirming the indicated changes or loss of a document confirming the existence of a license. When reissuing a document confirming the availability of a license, the licensing authority makes appropriate changes to the register of licenses. Re-issuance of a document confirming the existence of a license is carried out within ten days from the date of receipt by the licensing authority of the relevant application.

A license may be canceled by a court decision on the basis of an application from the licensing authority if the violation by the licensee of license requirements and conditions has caused damage to the rights, legitimate interests, health of citizens, defense and security of the state, cultural heritage peoples of the Russian Federation, etc.

Simultaneously with filing an application with the court, the licensing authority has the right to suspend the said license for a period until the court decision comes into force.

Licensing authorities may cancel a license without going to court in cases where the licensee fails to pay the license fee for granting a license within three months.

The decision to suspend the validity of a license, to annul a license or to send an application for annulment of a license to the court shall be communicated by the licensing authority to the licensee in writing with a reasoned justification for such a decision no later than three days after its adoption.

The decision to suspend the validity of a license and to annul a license may be appealed in accordance with the procedure established by the legislation of the Russian Federation.

Appeal against decisions of licensing authorities refers to economic disputes and is carried out in accordance with Ch. 22 APC RF.

The licensee has the right to appeal against the said decision of the licensing authority by submitting a statement of claim to the arbitration court at the location of the defendant. The procedure for appealing directly to the arbitration court is due to the fact that the Licensing Law does not provide for a procedure for claim settlement of a dispute with the defendant.

The statement of claim must confirm the legal grounds for the appeal. These may include: a) the disproportionateness of the decision taken by the licensing authority, the harm caused by the offense of the licensee, when the latter confirms the fact of the offense; b) denial by the licensee of the fact of an offense that entailed the suspension of the license. In the first case, the statement of claim must provide justifications that the identified violations of the licensee could not lead to socially dangerous consequences and the licensing authority should have chosen other, more humane sanctions.

The application of the licensing authority to cancel the license is also considered by the arbitration court at the location of the defendant.

The licensing body is not entitled to conduct inspections on the subject of jurisdiction of other state authorities and local governments.

Thus, the subject of licensing is a special circle of social relations that develop in the process of professional activity on granting, revoking, suspending, revoking licenses, supervising the implementation of licensing rules, bringing to responsibility for violation of licensing relations. In other words, we are talking about social relations government influence on entities carrying out a particular type of activity.

At the same time, revealing licensing legal relations, one cannot but notice their features, which manifest themselves:

- firstly, in the subjects, (on the one hand, a state body, and on the other, an entrepreneur);

- secondly, in the subjective right and legal obligation of the participants in these relations;

- thirdly, in objects (a certain type of activity).

Licensing relations require a different combination of legal means and techniques that exercise the impact of the law on the participants in public relations, which are formed due to the special properties of the subject of legal regulation. This combination is manifested in the method of legal regulation, in which the legal impact takes on the character of permission, prescription, prohibition, agreement.

For the legal characterization of licensing, it is also of interest to consider a functional criterion, which includes a regulatory and protective function.

The system licensing criterion includes the principles of licensing.

clarification general provisions in the field of licensing allows you to focus on the study of the features of legal regulation, which currently suffers from shortcomings.

Currently, the legal regulation of licensing business activities is carried out in accordance with the Federal Law of August 8, 2002 N 128-FZ "On Licensing Certain Types of Activities", Decree of the Government of the Russian Federation of February 11, 2002 N 135 "On Licensing Certain Types of Activities", and as well as the provisions on licensing each of the types of activities approved by the Government of the Russian Federation.

A license is understood as a special permit to carry out a specific type of activity subject to the obligatory observance of licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur.

Licensing is a set of measures related to the granting of licenses, re-issuance of documents confirming the availability of licenses, suspension, renewal or termination of licenses, cancellation of licenses, control of licensing authorities over compliance by licensees with the relevant licensing requirements and conditions when carrying out licensed activities, maintaining registers of licenses.

The list of licensed activities is contained in paragraph 1 of Art. 17 of the Federal Law "On Licensing Certain Types of Activities". Activities not mentioned in this list do not need to be licensed, with the exception of the types of activities that are named in Art. 2 tbsp. 1 of the Federal Law "On Licensing Certain Types of Activities" (educational, notarial, exchange, insurance activities, activities of credit organizations; activities related to the protection of state secrets, etc.). These types of activities are subject to licensing in accordance with special legislation.

The legislation contains several licensing rules.

Firstly, the type of activity permitted by the license can be carried out by the licensee throughout Russia, regardless of whether it is issued by a federal executive body or an executive body of a constituent entity of the Russian Federation. However, in cases where the license is issued by a body of a subject of the Russian Federation, the implementation of the licensed type of activity on the territory of other subjects of the Russian Federation is possible only after the licensee notifies the licensing authorities of the relevant subjects of the Russian Federation. Notification shall be made by the licensee in writing no later than the moment when he directly proceeds with the implementation of the licensed activity. The notice contains the following information:

Name, legal form and location - for a legal entity;

Surname, name, patronymic, place of residence, details of an identity document - for individual entrepreneurs;

Licensed activity;

Number, period of validity of the license and the name of the licensing authority that issued it;

Taxpayer identification number of the licensee;

Location of the licensed activity on the territory of the relevant subject of the Russian Federation;

The date of the proposed commencement of the licensed activity in the territory of the relevant subject of the Russian Federation.

Upon receipt of the notification, the licensing authority sends (gives) to the licensee a receipt for receiving the notification with a note on the date of receipt of the notification.

Secondly, a license grants the right to carry out the type of activity specified in it only to an economic entity that has received a license, that is, a license is not subject to transfer to another person, except in cases of succession during the transformation of a legal entity.

Thirdly, the license is issued for a fixed period - at least 5 years. Regulations on licensing specific types of activities may also provide for the perpetual validity of the license. The validity period of the license upon its expiration may be extended at the request of the licensee.

In order to engage in certain types of business activities, an organization or individual entrepreneur must obtain a license. In this article, we will look at the cases in which business licensing is required and what is needed to obtain a license.

Licensing of business activities since 2011

Since 2011, licensing of entrepreneurial activities has been regulated by the Federal Law of 04.05.2011 No. 99-FZ "On Licensing Certain Types of Activities". The list of activities for which licenses are issued in accordance with Law No. 99-FZ is contained in Art. 12. As of the date of this writing, the list includes 50 types of licensed activities. We will not list all types of activities, but we will indicate only the most popular of them among entrepreneurs:

• installation, maintenance and repair of fire safety equipment for buildings and structures;
• educational activities;
• medical activity;

And since May 1, 2015, it has been classified as a licensed type of activity.

On January 15, 2018, the Supreme Court of the Russian Federation issued a controversial ruling, according to which any is subject to licensing.

Licenses for the right to carry out the listed types of activities may be issued to organizations and individual entrepreneurs, with the exception of educational activities. Individual entrepreneurs will be able to obtain a license to carry out educational activities after the entry into force of the new federal law "On Education".

In addition, licensing of certain types of activities is regulated not by Law No. 99-FZ, but by other federal laws. In particular, this applies to the so-called "alcohol" licenses, that is, licenses for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products.

Requirements for a license applicant

In order to obtain a license, an organization or individual entrepreneur must meet a number of requirements. For each individual type of activity, these requirements are different and specified in the relevant regulation on licensing, which is approved by the Government of the Russian Federation. Among such requirements may be that the applicant has real estate, vehicles, equipment; the presence of employees who professional education, qualifications and work experience. Requirements may also be imposed on the size of the applicant's authorized capital, the absence of debts to third parties, etc. A complete list of requirements for a license applicant for a certain type of activity is contained in the regulation on licensing this type of activity.

Validity of a license in time and space

Licenses, with some exceptions, in particular in the case of issuing temporary licenses in accordance with the law on education, are issued for an indefinite period, that is, indefinitely.

An individual entrepreneur or organization can carry out licensed activities from the day following the day the decision to issue a license was made.

Licensed activities can be carried out by them throughout Russia, as well as in other territories under the jurisdiction of the Russian Federation. At the same time, there is one nuance here.

As a rule, licenses are issued by federal authorities (FSB, Ministry of Emergency Situations, Ministry of Internal Affairs, etc.). However, in relation to certain types of activities, in particular medical and educational, the powers to issue licenses have been transferred to the level of the constituent entities of the Russian Federation. Accordingly, licensing of business activities in these areas is carried out by regional authorities (for example, the Ministry of Health of a constituent entity of the Russian Federation issues licenses for medical activities). The question may arise whether a license issued by the health authority of the Krasnodar Territory, for example, will be valid, let's say, in the Samara Region? Yes, it will work, but subject to notification of the licensing authorities of the constituent entity of the Russian Federation (in our example, the authorities of the Samara region).

How to get a license?

To do this, you need to apply with an application to the appropriate licensing authority. The application must contain a number of information, including information about the license applicant. A number of documents must be attached to the application: copies of the organization certified by a notary; copies of documents determined by the relevant regulation on licensing business activities; description of attached documents.

Other documents, including those confirming payment state duty, it is prohibited to demand from the license applicant.

Consideration of documents and verification of the information submitted by the applicant must be carried out within a period not exceeding 45 working days from the date of receipt of the application. For certain types of activities, this period may be reduced. Based on the results of consideration of the documents, the licensing authority makes a decision to grant a license or to refuse, of which the applicant is notified. The decision to refuse, as well as the inaction of the licensing authority, the applicant can appeal to the court.

These are the basic rules for licensing business activities. In the following articles, we will consider the requirements and procedure for licensing already in relation to specific types of activities.

In conclusion, do not forget that for illegal business activities without a license or in violation of license requirements, administrative liability is established (Article 14.1 of the Code of Administrative Offenses of the Russian Federation). If, as a result of such activities, damage is caused or income is received on a large scale, the entrepreneur may be held criminally liable under Art. 171 of the Criminal Code of the Russian Federation.

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Introduction

1. The concept of licensing. Criteria and principles of licensing

Conclusion

Introduction

Market economy in the Russian Federation causes the need for continuous improvement and search for new legal means of state regulation of entrepreneurial activity. At the same time, the impact on business entities is realized in the form of mandatory requirements that are imposed on them at different stages of certain types of business activities. Among these requirements, there is also a requirement that an entrepreneur must obtain a license. Moreover, the regulation of this requirement, both at the level of legislative acts and by-laws adopted in accordance with them, allows us to assert that a legal institution for licensing business activities has developed. Consideration of the problems of licensing business activities is quite relevant, since a significant number of types of business activities are subject to licensing. Among them are such activities as banking, insurance, activities of professional participants in the securities market, appraisal activity, auditing, etc. And although the quantitative composition of licensed types of entrepreneurial activity has significantly decreased after the entry into force of the Federal Law of August 8, 2001 No. 128-ФЗ “On Licensing Certain Types of Activities”, the influence of this institution on the activities of entrepreneurs is undoubtedly great. The relations that develop in this case require not only adequate regulatory regulation, but also serious theoretical understanding.

It must be recognized that the existing legal regulation of business licensing is not perfect. The norms of the Law on Licensing of 2001 do not fully regulate this legal institution; a general list of licensed types of entrepreneurial activity has not been established; legislative acts. For example, the Law of the Russian Federation of November 27, 1992 No. 4015-1 “On the organization of insurance business in the Russian Federation” defines the types of insurance activities and, accordingly, the procedure for granting licenses for such activities.

Recently, the legislator has been trying to improve the existing legislation on licensing through the adoption of new legislative acts. Thus, the adopted Federal Law "On Licensing Certain Types of Activities" No. 128 dated 08.08.2001, Decree of the Government of the Russian Federation dated 01.26.2006 No. No. 45 "On the organization of licensing certain types of activities." In 2005 alone, the following changes were made: from January 1, 2005, Chapter 25.3 of the Tax Code came into force, which establishes the amount and procedure for paying fees for issuing licenses; On July 2, 2005 and December 31, 2005, amendments were made to Federal Law No. 128-FZ of August 8, 2001 “On Licensing Certain Types of Activities” (Federal Law No. 80-FZ of July 2, 2005 and No. 200-FZ of December 31, 2005) ; On July 21, 2005, Federal Law No. 114-FZ dated July 21, 2005 “On fees for issuing licenses for activities related to the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products” was issued. Also, Federal Law No. 102-FZ of July 21, 2005 changed the procedure for licensing the production, storage and supply of alcoholic products.

The purpose of this work is to explore the legal institution of business licensing based on the theory of business and civil law.

Based on federal legislation, I will cover such issues as: the concept of licensing, the legal basis for licensing business activities, licensing requirements and conditions, the concept of a license and its content, the procedure for obtaining a license, the procedure for its suspension and cancellation, legal liability and other legal consequences of violations in the area of ​​licensing.

1. The concept of licensing

The legal term "licensing" is derived from the word "license" (lat. licentia - right, permission). The legal definition of licensing is given in Art. 2 of the Federal Law “On Licensing Certain Types of Activities” dated 08.08.2001 No. 128-FZ (hereinafter referred to as the Federal Law “On Licensing ...”): “licensing is measures related to the issuance of licenses, reissuance of documents confirming the availability of licenses, suspension of licenses in the event of administrative suspension of the activities of licensees for violation of license requirements and conditions, renewal or termination of licenses, cancellation of licenses, control of licensing authorities over compliance by licensees in the implementation of licensed types of activities with the relevant license requirements and conditions, maintaining registers of licenses, as well as providing in the prescribed manner to interested parties information from registers of licenses and other information on licensing”. From this definition, the following elements can be distinguished: licensing - these are state activities related directly to its functions - protecting the interests and rights of citizens; objects of licensing - licensed types of activity. That network is a licensed type of activity - a type of activity for the implementation of which in the territory of the Russian Federation a license is required in accordance with the law.

It should be noted that special regulations (regulating the licensing of a particular type of activity) specify and define the direct objects of licensing. So, for example, the object of licensing the retail trade of alcoholic products is retail alcoholic products. Alcoholic products also include drinking alcohol, vodka, alcoholic beverages, cognacs (brandy), Calvados, grape wine, fruit and berry wine and other food products containing ethyl alcohol produced from food raw materials, more than one and a half percent of the volume of a unit of alcoholic products.

Then the question arises: which activities are subject to licensing and which are not. The Federal Law "On Licensing ..." on this occasion, a number of criteria are distinguished. In accordance with the Law, licensed types of activities include types of activities, the implementation of which may entail damage to the rights, legitimate interests, health of citizens, defense and security of the state, cultural heritage of the peoples of the Russian Federation and the regulation of which cannot be carried out by other methods than licensing .

Thus, activities subject to licensing are, first of all, such activities that threaten to cause damage to moral or physical citizens or threaten the security of the state.

When licensing, the state, represented by the appropriate authorities, is guided by a number of principles:

Protection of freedoms, rights, legitimate interests, morality and health of citizens, ensuring the defense of the country and the security of the state;

Ensuring the unity of the economic space on the territory of the Russian Federation;

Establishment of a unified list of licensed types of activities and a unified procedure for licensing on the territory of the Russian Federation;

Publicity and openness of licensing;

Compliance with the law in the implementation of licensing.

Thus, licensing is a tool used by the state, represented by authorized bodies, to directly protect the interests of citizens and the state itself.

Let us now turn to the concept of a license.

The Federal Law "On Licensing ..." defines a license as a special permit to carry out a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by a licensing authority to a legal entity or individual entrepreneur.

It is noted in the legal literature that in the Russian legislation on licensing at various stages of its development, a license was considered as:

1) a document (clause 1 of the Procedure for conducting licensed activities, approved by Decree of the Government of the Russian Federation of December 24, 1994 N 1418);

2) law (Article 2 of the Federal Law No. 158 of September 25, 1998 “On Licensing Certain Types of Activities”);

3) legal fact in the form of an appropriate decision (Part 3, Clause 1, Article 49 of the Civil Code of the Russian Federation of November 26, 2001 No. 146-FZ (hereinafter referred to as the Civil Code of the Russian Federation)).

Licensing as a civil law institution dates back to "pre-perestroika times", so the stages of its legal regulation must be considered in historical development.

In Soviet law, licensing performed mainly the function of state control over the export and import of goods and the spending of foreign currency. With the beginning of perestroika, the licensing institution reached a qualitatively new level. Thus, after the adoption of the Law of the RSFSR "On Enterprises and Entrepreneurial Activity", enterprises, regardless of the form of ownership, acquired the right to carry out any type of activity not prohibited by law in all spheres and sectors of the national economy. At the same time, certain types of activities of the enterprise could be carried out only on the basis of a special permit (license). Determining the list of activities and the procedure for issuing licenses was assigned to the competence of the Council of Ministers of the RSFSR and the Councils of Ministers of the republics that are part of the RSFSR, or bodies authorized by them.

Decree of the Government of the Russian Federation of May 27, 1993 N 492 "On the powers of the executive authorities of territories, regions, autonomous formations, cities of federal significance for licensing certain types of activities" approved the Approximate procedure for licensing certain types of activities in the territories of territories, regions, autonomous formations, cities of federal significance and the List of activities licensed in these territories. By this Decree, the executive authorities of the territories, regions, autonomous regions, autonomous region, cities of federal significance, the right to carry out licensing of certain types of activities in accordance with the established List was granted.

In turn, in pursuance of this Decree and legal acts of the constituent entities of the Russian Federation, local governments began to actively adopt municipal legal acts regulating relations for the application of licensing in their territories. As a result of such active law-making, there was a threat of uncontrolled expansion of the list of activities subject to licensing.

After the adoption of the Constitution of the Russian Federation in 1993, the process of streamlining licensing issues was slow, because a large number of acts that contradict the adopted fundamental law of Russia had to be subjected to examination, cancellation or protest in court. In addition, the Government of the Russian Federation actively participated in the legal regulation of licensing issues.

One of the main laws that established the fundamental provisions for the application of such a regime as licensing was the Civil Code of the Russian Federation. Paragraph 1 of Art. 49 of the Civil Code of the Russian Federation, it was established that the list of activities that entrepreneurs can engage in only with a license is determined by federal law.

The result was the adoption of the Federal Law "On Licensing Certain Types of Activities" No. 158 dated September 25, 1998, which fixed the list of activities for which licenses are required.

Currently, the main regulatory act establishing the list of licensed types of activities and regulating the procedure for granting a license is the Federal Law “On Licensing Certain Types of Activities” dated 08.08.2001 No. 128-FZ.

2. Legal basis licensing

The main normative act regulating the procedure for licensing in the Russian Federation is the Federal Law "On Licensing Certain Types of Activities". This Federal Law, in accordance with Article 1, regulates relations arising between federal executive authorities, executive authorities of the constituent entities of the Russian Federation, legal entities and individual entrepreneurs in connection with the licensing of certain types of activities in accordance with the list provided for in paragraph 1 of Article 17 of this Federal Law . The law does not apply to the following types of activities: activities credit organizations; activities related to the protection of state secrets; activities in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products; activities in the field of communications; exchange activity; activities in the field of customs; notarial activity; insurance activities, with the exception of pension insurance, carried out by non-state pension funds; activities of professional participants in the securities market; implementation of foreign economic operations; implementation of international road transport of goods and passengers; acquisition of weapons and ammunition for them; use of the results of intellectual activity; use of orbital frequency resources and radio frequencies for television and radio broadcasting (including broadcasting additional information); use of natural resources, including subsoil, forest fund, objects of flora and fauna; activities, works and services in the field of the use of atomic energy; educational activity.

These types of activities are licensed by special industry legislation. So, when obtaining a license for the use of subsoil - by the Law of the Russian Federation "On Subsoil" dated February 21, 1992 N 2395-1, when obtaining a license for banking operations - by the law "On Banks and banking» No. 395-1 dated 12/02/1990, etc.

All other activities specified in paragraph 1 of Art. 17 of the Federal Law "On Licensing ..." are licensed in strict accordance with the provisions of this regulatory act. The procedure for licensing types of activities specified in Art. 17 is uniform and cannot be changed at the discretion of any authorities involved in the licensing procedures.

Federal Law No. 80-FZ of July 2, 2005 “On Amendments to the Federal Law “On Licensing Certain Types of Activities”, the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision) and the Code of Administrative Offenses of the Russian Federation” provides for a phased reduction list of activities subject to licensing:

Since January 1, 2006, the requirement for a license to carry out such activities as: survey services for ships in seaports; maintenance and repair of rolling stock in railway transport; activities for the maintenance and repair of technical means used in railway transport; appraisal activity; activities for breeding breeding animals (except for the case if the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur); activities for the production and use of breeding products (material) (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur); audit activity; activities for the production of elite seeds (seeds of the elite); activities carried out at sea for the acceptance and transportation of catches of aquatic biological resources, including fish, as well as other aquatic animals and plants.

Since January 1, 2007, licensing has been terminated the following types activities: tour operator; travel agency; design of buildings and structures, with the exception of seasonal or auxiliary structures; construction of buildings and structures, with the exception of seasonal or auxiliary structures; engineering surveys for the construction of buildings and structures, with the exception of seasonal or auxiliary structures.

The reduction in the types of activities subject to licensing occurs, in my opinion, due to the fact that, firstly, after obtaining a license, control over activities is practically not exercised. Meanwhile, the main danger to the interests of citizens is precisely the process of carrying out activities. Secondly, the process of obtaining a license for certain types of activities has practically been turned into a formal procedure. This happened, first of all, because it is not difficult to meet the requirements established by law (availability of premises and qualified employees with education and work experience). As a result, the formal existence of licenses does not save consumers from unscrupulous manufacturers. Therefore, the tendency to transfer control from licensing to the quality control system of the product (service) prevails.

The Federal Law "On Licensing ..." also establishes the competence of the Government of the Russian Federation in matters of licensing.

The Government of Russia in order to ensure the unity of the economic space on the territory of the Russian Federation in accordance with the main directions determined by the President of the Russian Federation domestic policy the state approves Regulations on licensing specific types of activities; determines the federal executive bodies responsible for licensing specific types of activities; establishes the types of activities, the licensing of which is carried out by the executive authorities of the constituent entities of the Russian Federation.

The federal executive authorities, upon agreement with the executive authorities of the constituent entities of the Russian Federation, may delegate to them the exercise of part of their powers. Thus, licensing can be carried out by federal state authorities, as well as state authorities of the constituent entities of the Russian Federation in accordance with the Constitution of the Russian Federation and federal laws. Decree of the Government of the Russian Federation "On the organization of licensing of certain types of activities" dated 26.01.2006 No. No. 45 approved the list of federal executive bodies responsible for licensing; a list of types of activities, the licensing of which is carried out by the executive authorities of the constituent entities of the Russian Federation, and federal executive authorities that develop draft regulations on the licensing of these types of activities.

Article 7 of the Federal Law "On Licensing ..." also solves the problem of the validity of a license in space. Activities for which a license has been granted by a federal executive body or an executive body of a constituent entity of the Russian Federation may be carried out throughout the territory of the Russian Federation. Activities for which a license has been granted by the licensing authority of a constituent entity of the Russian Federation may be carried out on the territories of other constituent entities of the Russian Federation, provided that the licensee notifies the licensing authorities of the relevant constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation. This procedure was established by Decree of the Government of the Russian Federation of 26.01.2006 No. No. 45. The list of activities licensed by the executive authorities of the constituent entities of the Russian Federation was approved by the same resolution. These include:

1) procurement, processing and sale of non-ferrous metal scrap;

2) procurement, processing and sale of ferrous scrap;

The list of specific executive authorities that carry out licensing of the relevant types of activities is approved by each subject of the Russian Federation independently. However, draft regulations on licensing specific types of activities carried out by the executive authorities of the constituent entities of the Russian Federation are developed by the federal executive authorities - the Ministry of Industry and Energy of Russia with the participation of the executive authorities of the constituent entities of the Russian Federation.

Thus, the "licensed" legislation of the Russian Federation includes:

Civil Code Russian Federation (parts one, three, four)

Federal Law No. 128-FZ of August 8, 2001 "On Licensing Certain Types of Activities";

Decrees of the Government of the Russian Federation on licensing certain types of activities;

legal acts of the federal executive authorities responsible for licensing;

legislation of the subjects of the Russian Federation;

normative acts of the executive authorities of the constituent entities of the Russian Federation, issued within the framework of their powers.

Licensing legislation is a relatively new developing area of ​​public law in the general system of permissive regulation in the Russian Federation

In the context of new forms of economic (market) relations, the rapid growth of the technogenic industry, the environmental threat, the growth of social conflict, the priority task of the state has become the creation of new legal institutions and mechanisms adequate to the social state that ensure the safety of citizens, the legality of public relations and sustainable order in the state. And to such new legal institutions that meet modern requirements public relations in the Russian Federation, with an indisputable reason, licensing applies.

3.1 Subjects of the licensing process

The subjects of the licensing process include the licensing authorities, the licensee, the license applicant

Licensing authorities - federal executive authorities, executive authorities of the constituent entities of the Russian Federation that carry out licensing in accordance with the Federal Law "On Licensing ...".

In general, the circle of bodies exercising the functions of licensing is very wide. The legislator assigned the relevant functions and powers to these bodies. So, for example, one of the main functions for licensing authorities, the legislator allocates supervision over compliance by licensees with license requirements and conditions - a system of measures carried out by licensing authorities, state supervisory and control authorities within their competence in order to ensure compliance by licensees in the implementation of licensed activities relevant license requirements and conditions . Exercising control, licensing authorities have the right to request and receive the necessary explanations and documents; draw up, based on the results of inspections, acts indicating specific violations; make decisions obliging the licensee to eliminate the identified violations, set deadlines for the elimination of such violations; issue a warning to the licensee. Corresponding with these rights of licensing authorities are the obligations of licensees.

Licensee - a legal entity or an individual entrepreneur who has a license to carry out a specific type of activity;

License applicant - a legal entity or an individual entrepreneur who has applied to the licensing authority with an application for a license to carry out a specific type of activity.

3.2 License limitations

The validity of the license is limited by the term, territory, subject that received the license, as well as the activity for which the license was obtained.

The license is issued separately for each licensed type of activity.

The license is the basis for the emergence of the legal capacity of the licensee, i.e. the opportunity to engage in certain types of activities, the list of which is determined by law (Article 49 of the Civil Code of the Russian Federation). Legal capacity acquired on the basis of a license determines the “personal” nature of the license, i.e. the licensed activity can be performed only by a specific individual entrepreneur-licensee or legal entity.

The Presidium of the Supreme Arbitration Court of the Russian Federation comes to the same conclusion in Resolution No. 422/99 of August 31, 1999. The case was considered at the suit of businessman M., a private practitioner, to invalidate the decision of the Commission for Licensing and Certification of Medical Activities, according to which the plaintiff was deprived of a license to engage in medical activities. The reason that served as the basis for the deprivation of the license was the violation by the plaintiff of the conditions of its validity, expressed in the admission to the implementation of dental care of another individual. The Presidium of the Supreme Arbitration Court of the Russian Federation ruled that the right to engage in private medical practice is purely individual and the license of a private practitioner cannot be extended to other persons. The admission to such activities of another person is a violation of the terms of the license.

Upon liquidation of a legal entity or termination of the certificate of state registration of an individual as an individual entrepreneur, the issued license loses its legal force.

In case of reorganization of a legal entity in the form of transformation, change of its name or location or change of name or place of residence of an individual entrepreneur, as well as in case of change of addresses of places where a legal entity or an individual entrepreneur carries out a licensed type of activity, the licensee - a legal entity or an individual entrepreneur or his the successor is obliged to submit an application for reissuing a document confirming the existence of a license within 15 days. Reissuance of a license is carried out in the same manner as established for its receipt. Prior to reissuing a license, the licensee operates on the basis of a previously issued license and a document confirming the submission of an application for reissuing a license, in case of loss of a license - on the basis of a temporary permit issued by the licensing authority.

The territory in which the license can be used.

Activities for which a license has been granted by a federal executive body or an executive body of a constituent entity of the Russian Federation may be carried out throughout the territory of the Russian Federation. Activities for which a license has been granted by the licensing authority of a constituent entity of the Russian Federation may be carried out in the territories of other constituent entities of the Russian Federation, provided that the licensee notifies the licensing authorities of the relevant constituent entities of the Russian Federation.

If this rule is violated, that is, for carrying out activities on the basis of a license issued by the licensing authority of a constituent entity of the Russian Federation in the territories of other constituent entities of the Russian Federation without notifying the licensing authorities of these constituent entities of the Russian Federation, the licensee shall be liable in accordance with the legislation of the Russian Federation.

However, it should be noted that if the licensed type of activity is carried out at several territorially separate facilities, including those located on railway, air, sea and river transport, the licensee is issued simultaneously with the license its certified copies for each facility indicating its location. Copies of such a license are registered by the licensing authority. When changing the list of territorially isolated objects on which the licensee operates, additional copies of the license are issued at the request of the licensee with the attachment of the documents provided for by the Regulations.

The license is an urgent permit, that is, limited in time.

The period of validity of a license is that period of time from the moment of its issuance, which, the licensee can carry out the activities provided for by the license.

The general period of validity of a license is defined in Article 8 of the Federal Law “On Licensing Certain Types of Activities” and cannot be less than five years. The validity period of the license upon its expiration may be extended at the request of the licensee. The renewal of the license may be refused if violations of license requirements and conditions are recorded during the validity of the license.

The specific period of validity of a license is always set in the regulation on licensing a certain type of activity, approved by the Government of the Russian Federation.

Most often, the Government of the Russian Federation sets a period of 5 years. But there are exceptions. In particular, the Regulation on Licensing Activities in the Field of Communications in the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 1994 N 642, a license is issued for a period of 3 to 10 years (excluding licenses for television and radio broadcasting).

Regulations on licensing specific types of activities may provide for the perpetual validity of the license.

Perpetual validity of licenses is also provided for in the Decree of the Government of the Russian Federation of 26.01.2006 No. No. 45 "Licenses to carry out the types of activities specified in paragraph 1 of Article 17 of the Federal Law "On Licensing Certain Types of Activities", issued before the entry into force of the Federal Law of July 2, 2005 N 80-FZ "On Amendments to the Federal Law" On Licensing Certain Types of Activities", the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision)" and the Code of Administrative Offenses of the Russian Federation, are valid until the expiration of the period specified therein or are unlimited (in the case of an unlimited validity of the license )".

Indefinite action is provided for some types of activities when renewing the license. For example, the Regulation on Licensing the Activities of Investment Funds, approved by Decree of the Government of the Russian Federation of July 14, 2006 N 432, establishes the following rule: a license to carry out the activities of investment funds is granted for five years. When extending the term of the license, it is valid indefinitely or for the period specified in the application for renewal of the license.

Extension of the license is carried out in the order of reissuing a document confirming the existence of a license.

At the same time, it is essential for the license renewal procedure to timely submit the appropriate licensee application with all required documents. It is timely to submit an application before the expiration of the license. Otherwise, the renewal of the license will be impossible, since the license itself will no longer be available and a legal entity or individual entrepreneur must obtain (and not renew) a license in the manner prescribed by Art. 9 of the Federal Law "On Licensing ...".

The expiration of the license means the termination of the right of the person who received the license to carry out the relevant type of activity. At the same time, the real person loses the status of a licensee, because along with the expiration of the license, the licensing relationship between the legal entity or individual entrepreneur and the state itself is terminated.

3.3 Procedure for obtaining a license

In order to obtain a license, the license applicant submits to the relevant licensing authority an application for a license, which indicates:

Full and (if any) abbreviated name, including company name, and organizational and legal form of the legal entity, its location, addresses of the places of the licensed type of activity that the applicant intends to carry out, state registration number of the entry on the creation of the legal entity and data of a document confirming the fact of entering information about a legal entity in the unified state register of legal entities - for a legal entity;

Surname, name and (if any) patronymic of the individual entrepreneur, his place of residence, addresses of the places of the licensed type of activity that the applicant intends to carry out, data of the document proving his identity, the main state registration number of the entry on the state registration of the individual entrepreneur and data a document confirming the fact of entering information about an individual entrepreneur in the unified state register of individual entrepreneurs - for an individual entrepreneur;

Taxpayer identification number and data of the document on the registration of the license applicant with the tax authority;

A licensed type of activity in accordance with paragraph 1 of Article 17 of the Federal Law "On Licensing ...", which the license applicant intends to carry out.

Attached to the license application are:

Copies constituent documents(with the presentation of originals if the accuracy of the copies is not certified by a notary) - for a legal entity;

A document confirming the payment of the state fee for consideration by the licensing authority of an application for a license.

Depending on the specifics of the activity, the regulation on licensing a specific type of activity may provide for the submission of other documents confirming the compliance of the license applicant with the established licensing requirements and conditions.

So, for example, to obtain a license to manufacture medicines, license applicants, along with the documents provided above, will have to provide the following documents:

List of medicines that the license applicant is ready to produce;

Description of the main technological processes that ensure the quality of medicines;

Consent of local governments to locate the production of medicines in the relevant territory;

Copies of documents proving that the license applicant (licensee) has the necessary for the implementation of the licensed activity, belonging to him on the right of ownership or on another legal basis of buildings, premises and equipment;

Copies of the sanitary and epidemiological conclusion issued in accordance with the established procedure on the compliance of the production of medicines with the requirements of sanitary rules;

Copies of documents confirming the qualifications of specialists responsible for the production, quality and labeling of medicines that meet the licensing requirements and conditions.

But it is not allowed to require the license applicant to submit other documents not provided for by the Federal Law "On Licensing ..." and other federal laws and regulations on licensing specific types of activities.

The application for a license and the documents attached to it on the day of receipt by the licensing authority are accepted according to the inventory, a copy of which with a note on the date of receipt of the said application and documents is sent to the license applicant.

The licensing authority checks the completeness and reliability of information about the license applicant contained in the application and documents submitted by the license applicant, as well as checks the possibility of the license applicant fulfilling the license requirements and conditions.

At the stage of consideration of documents on issuing a license, license control is carried out (Article 12 of the Federal Law “On Licensing Certain Types of Activities”) in the form of checking:

Completeness and reliability of information about the license applicant contained in the application and documents submitted by the license applicant;

Opportunities for the license applicant to comply with licensing requirements and conditions in the manner prescribed by the Federal Law.

Until now, the licensing authorities have made a decision to issue a license or to refuse to issue it only on the basis of the information provided to them by the applicant. Verification of the submitted information was only a right, but not an obligation, of the licensing authorities.

Now verification is carried out by comparing such information with information from a single state register legal entities or the unified state register of individual entrepreneurs. The licensing authority receives relevant information in the manner prescribed by the Government of the Russian Federation, from federal body executive power authorized to carry out state registration of legal entities and individual entrepreneurs.

The licensing authority makes a decision to grant or refuse to grant a license within a period not exceeding forty-five days from the date of receipt of the application for a license and the documents attached to it. The specified decision is formalized by the relevant act of the licensing authority.

The licensing body is obliged to notify the license applicant within the specified period of the decision to grant or refuse to grant a license. The grounds for refusal to grant a license are:

The presence in the documents submitted by the license applicant of false or distorted information;

Non-compliance of the license applicant, objects owned by him or used by him with the license requirements and conditions.

The issuance of a document confirming the existence of a license is carried out within three days after the applicant submits a document confirming the payment of a license fee for granting a license. If the licensee has not paid the license fee within three months, the licensing authority that issued the license has the right to cancel it.

At the request of the license applicant or licensee, a simplified licensing procedure may be applied to certain types of activities, the licensing of which is carried out in order to protect the property rights and legitimate interests of citizens. It is possible subject to the conclusion by the license applicant or licensee of a civil liability insurance contract or if the licensee has a certificate of compliance of the licensed type of activity carried out by him with international standards regarding the licensing of the following types of activity: production facilities; activities for the restoration of cultural heritage sites (monuments of history and culture); transportation of goods by sea; transportation by inland water transport of goods; transportation of goods by air; transportation by rail of goods, cargo luggage; transportation of goods (movement of goods without concluding a contract of carriage) on public railway tracks, except for the removal of arrived goods from the railway exhibition tracks, their return to the railway exhibition tracks; loading and unloading activities in relation to dangerous goods in inland waterway transport, in seaports, in railway transport; activities for the implementation of towing by sea (except for the case if the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur).

Under the simplified licensing procedure, the applicant does not submit documents confirming his compliance with the licensing requirements. The term for consideration of documents has been reduced to 15 days. The transition to a simplified system is of a notification nature. Subsequently, the licensee is released from scheduled inspections of compliance with the license requirements and conditions by the licensing authority.

The introduction of a simplified licensing procedure is due to the general trend of reducing control over business activities and the need to eliminate duplication of state functions, because the presence of a liability insurance contract or a certificate of compliance with certain requirements implies that the requirements for a person upon obtaining a license are also met.

3.4 License suspension and cancellation

In accordance with the Federal Law "On Licensing ...", the suspension of a license is carried out by the licensing authority in the event that the licensee is brought to administrative responsibility for violation of license requirements and conditions in the manner prescribed by the Code of Administrative Offenses of the Russian Federation. Licensing authorities have the right to suspend a license if they detect repeated violations or gross violations by the licensee of license requirements and conditions.

If the judge makes a decision on the administrative suspension of the licensee's activities for violation of license requirements and conditions, the licensing authority within 24 hours from the date this decision enters into legal force suspends the license for the period of administrative suspension of the licensee's activities.

Simultaneously with the suspension of the license, the licensing authority is obliged to set a time limit for the licensee to eliminate the violations that have become the basis for the suspension of the license. This period may not exceed six months. After the violations are eliminated, the licensee notifies the licensing authority with all necessary documents attached. The law did not establish a term for consideration by the licensing authority of the notification of the licensee about the elimination of violations that became the basis for the suspension of the license. Thus, this period is established either by the provisions on licensing specific types of activities, or by departmental acts of the licensing authorities. In particular, according to clause 6 of the Regulations on Licensing Tour Operator Activities, "the period for checking the elimination by the licensee of violations that led to the suspension of the license should not exceed 15 days from the date of receipt from the licensee of the notification of the elimination of these violations" .

Of course, in the course of inspections, licensing authorities reveal a wide variety of violations of license requirements and conditions by licensees. It is interesting to cite one illustrative example from arbitration practice dedicated to the violation of licensing requirements and conditions by the licensee carrying out the transportation of passengers. The decision of the Federal Antimonopoly Service of the East Siberian District of April 4, 2002 N A78-4530 / 01-S2-20 / 225-Ф02-785 / 02-С1 states the following: "... the court of first instance and appeal established that entrepreneur Kochergina I.V., under license N ASG 75 043805 of March 1, 01, carries out transportation of passengers by buses. The license does not indicate which type of transport - public or non-public - transportation should be carried out. Charter road transport and Rules of Transportation. Protocol N 002809 on an administrative offense dated September 19, 01 established a violation in the form of a refusal to provide travel benefits for disabled people of the 1st group. Decree N 002859/624 dated October 2, 2001 businessman Kochergina I.V. brought to administrative responsibility for violation of license conditions, i.е. according to part 3 of Art. 157.3 Administrative Code of the RSFSR. The Court of First and Appellate Instances, recognizing the contested decision as valid, indicated the following. The Federal Law "On Licensing ..." determined that licensing requirements and conditions are a set of requirements and conditions established by regulatory legal acts, the fulfillment of which by the licensee is mandatory when carrying out a licensed type of activity. Art. 9 determined that one of mandatory conditions and requirements for licensees to carry out licensed types of activities is compliance with the legislation of the Russian Federation, environmental, sanitary and epidemiological, hygienic, fire safety norms and rules, as well as provisions on licensing specific types of activities. In accordance with Art. 30 of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation", disabled children, their parents, guardians, trustees, as well as disabled people, including disabled people of group 3, enjoy the right to free travel on all modes of transport public urban and suburban traffic, except for taxis. The court of first instance rightfully came to the conclusion that public transport is recognized as transport intended for the transport of an indefinite number of persons, regardless of the form and type of ownership vehicle. The plaintiff's vehicle is a public vehicle, whether or not it is specified in the license. The plaintiff refuses transportation to those categories of citizens who, in accordance with the legislation of the Russian Federation, are granted the right to free travel, violating both the above-mentioned Law and the Temporary Rules for Transportation approved by the Ministry of Transport of the Russian Federation on September 22, 1997.

The license is renewed in two cases:

Licensing body - from the day following the day of expiration of the period of administrative suspension of activities;

With the onset of the day of early termination of the execution of an administrative penalty in the form of an administrative suspension of activities. To do this, it will be necessary to apply with the appropriate statement to the judge.

The validity period of the license for the period of suspension of its validity is not extended.

If, within the period established by the judge, the licensee has not eliminated the violation of the license requirements and conditions, which entailed the administrative suspension of the licensee's activities, the licensing authority is obliged to apply to the court with an application to cancel the license.

The license is annulled by a court decision on the basis of consideration of the application of the licensing authority.

The grounds for canceling a license, in accordance with this paragraph 4 of Article 13 of the Federal Law “On Licensing ...” are: 1) failure by the licensee to eliminate gross or repeated violations of license requirements and conditions within the period specified by the licensing authority; 2) non-payment by the licensee of the license fee for granting a license within three months from the date of granting a license; 3) violation by the licensee of licensing requirements and conditions that entailed damage to the rights, legitimate interests, health of citizens, defense and security of the state, cultural heritage of the peoples of the Russian Federation.

4. Legal liability and other legal consequences of violations in the field of licensing certain types of activities

Let us consider the possible consequences of violations of activities in the field of licensing from the point of view of civil, administrative and criminal legislation.

Code of Administrative Offenses of December 30, 2001 No. 195-FZ in Art. 14.1 provides for liability for carrying out activities in violation of the terms of the license or without a license.

Carrying out business activities without a license takes place when activities are carried out after the application for a license is filed, but before a positive result and notification of the licensing has been received; the activity continues after receiving the decision of the licensing authority to refuse to issue a license, and although in this case a negative decision can be appealed, the person does not have the right to engage in activities requiring licensing; activities continue after the suspension of the license, if violations of license requirements and conditions have been identified; efficiency is carried out after the license is canceled by the licensing authority or the court; entrepreneurial activity is carried out after the expiration of the license.

Carrying out entrepreneurial activities without a special permit (license), if such a permit (such license) is mandatory (mandatory), shall entail the imposition of an administrative fine on citizens in the amount of twenty to twenty five minimum dimensions wages with or without confiscation of manufactured products, tools of production and raw materials; on officials - from forty to fifty times the minimum wage with or without confiscation of manufactured products, tools of production and raw materials; on legal entities - from four hundred to five hundred times the minimum wage with or without confiscation of manufactured products, production tools and raw materials.

If this act caused major damage to citizens, organizations or the state, or is associated with the extraction of income on a large scale, then it is a crime and is punishable in accordance with Article 171 of the Criminal Code of the Russian Federation of 05/24/1996. Criminal liability for illegal entrepreneurship can occur only for violation of the licensing rules established by federal law. In case of violation of the licensing rules established by regulations subjects of the Russian Federation, criminal liability does not occur. Otherwise, the grounds for bringing to criminal responsibility for illegal entrepreneurship in the constituent entities of the Russian Federation would be different.

Article 172 of the Criminal Code of the Russian Federation is specifically devoted to illegal banking activities. Thus, criminal liability arises for carrying out banking activities (banking operations) without a special permit (license) in the case when such a permit (license) is mandatory, or in violation of the terms of licensing, if this act caused major damage to citizens, organizations or the state or is associated with generating income on a large scale.

In accordance with Art. 203 of the Criminal Code of the Russian Federation, criminal liability arises for exceeding the powers granted to them in accordance with the license by the head or employee of the private security or detective service, contrary to the tasks of their activities, if this act is committed with the use of violence or with the threat of its use. The same act that entailed grave consequences is more severely punished.

Unlawful refusal to issue a license to carry out certain activities, if these acts are committed by an official using his official position, or in violation of a judicial act that has entered into force, as well as those who caused large damage are punished in accordance with Article 169 of the Criminal Code of the Russian Federation. In this case, the obstruction of legitimate entrepreneurial activity encroaches on a very important area of ​​public relations related to free enterprise, the right to which is granted to citizens by the Constitution of the Russian Federation (Article 34) .

In the Civil Code of the Russian Federation, the possibility of concluding a number of contracts is directly conditioned by the availability of an appropriate license (Articles 825, 835, paragraph 4 of Articles 845, 938, 1063).

In accordance with Art. 173 of the Civil Code of the Russian Federation, a transaction made by a legal entity that does not have a license to engage in the relevant type of activity may be declared invalid by a court. A statement of claim for recognition of a transaction as such is filed by a legal entity, its founder (participant) or a state body exercising control and supervision over its activities, if it is proved that the other party to the transaction knew or should have known about its illegality.

As an example, the position of the judiciary regarding claims for the recognition of transactions as invalid on the grounds provided for in Art. 173 of the Civil Code of the Russian Federation, an example can be given from the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated April 21, 1998 N 33.

The Specialized Investment Fund for Privatization (the seller) filed a lawsuit with the arbitration court to invalidate the contract for the sale and purchase of shares concluded by it and to apply the consequences of the invalidity of the transaction. The court, having established that the investment fund, without the necessary license giving the right to engage in relevant activities, entered into a share purchase and sale transaction, declared it invalid on the basis of Article 173 of the Civil Code of the Russian Federation (hereinafter referred to as the Code).

By a decision of the cassation instance, the decision was canceled, and the proceedings were terminated with reference to the consideration by another arbitration court of the case on a dispute between the same persons, on the same subject and on the same grounds (Article 85 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation ).

The Presidium of the Supreme Arbitration Court of the Russian Federation recognized the conclusion of the cassation instance as erroneous and canceled the decision adopted by it.

When checking the case materials, it was established that the investment fund carried out activities subject to licensing, including transactions with shares, in the absence of an appropriate license. Article 173 of the Civil Code provides for the right of a legal entity that has made a transaction without a license to engage in the relevant activity to challenge it in court. Such a transaction is recognized as invalid if it is proved that the other party to the transaction knew or obviously should have known about its illegality. The decision of the court of first instance, which recognized the agreement concluded by the investment fund as invalid, was made in accordance with the specified article of the Code and is correct.

Summing up, we can say that the condition for the legal activity of economic entities is the obligatory obtaining of a license in cases provided for by law, and compliance with licensing rules. For failure to fulfill this obligation, one or another type of legal liability may be applied to violators.

Conclusion

This paper considers legal status licensing in the Russian Federation. As a result, a number of conclusions can be drawn.

First of all, the institution of licensing is an important civil law institution aimed at directly protecting the interests of citizens, ensuring the defense of the country, the security of the state and other interests of the state itself.

It provides for the implementation of measures related to the issuance of licenses, suspension and cancellation of licenses, control of licensing authorities over compliance by licensees in the implementation of licensed activities with the relevant license requirements and conditions.

The legal basis for licensing is Art. 49 of the Civil Code of the Russian Federation, Federal Law "On licensing certain types of activities", acts of the constituent entities of the Russian Federation. In addition, the procedure for licensing specific types of activities is determined by the relevant provisions. The action of the Federal Law "On Licensing Certain Types of Activities" does not apply to the types of activities, the list of which is given in its article 1 (insurance, notary, exchange, credit organizations and others). The procedure for licensing these types of activities is determined by special legislation.

The development of licensing norms from securing the full freedom of administrative discretion of executive authorities in the field of application of preventive measures in the field of licensing towards limiting their powers, as well as the very grounds for application, indicates the undesirability of transferring such an instrument of influence on entrepreneurship entirely into the hands of the executive branch. In this regard, there is a reduction in the types of activities subject to licensing. The tendency to transfer control from licensing to the product (service) quality control system prevails.

When engaging in entrepreneurial activities, for which, in accordance with the law, a special permit (license) is required, it is necessary to strictly comply with licensing standards, not to allow the implementation of activities before obtaining one. A person carrying out entrepreneurial activities in violation of the terms of a license or without a license bears administrative (Article 14.1 of the Code of Administrative Offenses of the Russian Federation) or criminal liability (Article 171 of the Criminal Code of the Russian Federation). Similarly, officials of bodies authorized to conduct licensed activities are subject to criminal liability for unlawful refusal or evasion of issuing a license (Article 169 of the Criminal Code of the Russian Federation).

List of normative material and literature

1. The Constitution of the Russian Federation of December 12, 1993 / Legal System Consultant Plus.

2. Arbitration Procedure Code of the Russian Federation of July 24, 2002 N 95-FZ / Legal System ConsultantPlus

3. Civil Code of the Russian Federation (parts one, two, four) / Legal system Consultant Plus

4. Code of Administrative Offenses dated December 30, 2001 No. 195-FZ / Legal System ConsultantPlus

5. Criminal Code of the Russian Federation of May 24, 1996 No. 63-FZ / Legal System Consultant Plus.

6. Federal Law “On Licensing Certain Types of Activities” No. 128 dated 08.08.01 (as amended by Federal Law No. 200-FZ dated 12.31.2005) / Legal system ConsultantPlus.

7. Federal Law of July 2, 2005 No. 80-FZ “On Amending the Federal Law “On Licensing Certain Types of Activities”, the Federal Law “On Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision) and the Code of Administrative Offenses of the Russian Federation” / Legal system ConsultantPlus.

8. Federal Law “On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic Products and Alcohol-Containing Products” No. 171-FZ dated 22.11.1995/Legal System ConsultantPlus.

9. Federal Law “On Banks and Banking Activities” No. 395-1 dated 02.12.1990 / Legal system ConsultantPlus.

10. Law of the Russian Federation “On Subsoil” of February 21, 1992 No. 2395-1 (as amended on August 22, 2004 “122-FZ”) / Consultant.

11. Decree of the Government of the Russian Federation of February 11, 2002 N 9 "On approval of the Regulations on licensing tour operator activities" / Legal system ConsultantPlus

12. Decree of the Government of the Russian Federation No. 26.01.2006 No. 45 "On the organization of licensing certain types of activities" / Legal system ConsultantPlus.

13. Regulations on licensing the production of medicines, approved by Decree of the Government of the Russian Federation dated 06.07.2006 No. 415 / Legal System ConsultantPlus

14. Decree of the Government of the Russian Federation of July 14, 2006 No. 432 “On approval of licensing the activities of investment funds” / Legal System ConsultantPlus.

15. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of August 31, 1999 N 422/99 / Bulletin of the Supreme Arbitration Court of the Russian Federation. 1999. N 12. S. 43 Legal system / ConsultantPlus

16. Decree of the FAS of the East Siberian District of April 4, 2002 N A78-4530 / 01-C2-20 / 225-F02-785 / 02-C1

17. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of July 14, 1998 in case N 1173/98 / Consultant - Arbitrage practice

18. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated April 21, 1998 N 33.

19. Commentary on the Federal Law “On Licensing Certain Types of Activities”, ed. L.N. Tkacha, publishing house. Legal house "Yusticinform", 2003

20. Ershova I.V. Business Law: Questions and Answers. - 3rd ed., Rev. and additional - M .: Publishing house "Jurisprudence", 2005. - 288s.

21. Zvonenko D.P. New Law on Licensing // Consultant. 2002. No. 1.

22. Business law of the Russian Federation: textbook / otv. ed. E.P. Gubin, S.A. Lakhno. M., 2004

23. Syutkina M.A. New simplified procedure for obtaining licenses and other innovations in licensing legislation / Entrepreneur without forming a legal entity PBOYUL No. 5 2006

24. Melnichuk G.V. Administrative liability for violation of licensing conditions / Law and Economics No. 2, 2003.

Article 7 of the Federal Law "On Licensing Certain Types of Activities" dated 08.08.2001 No. 128-FZ

Decree of the Government of the Russian Federation of 26.01.2006 No. No. 45 "On the organization of licensing certain types of activities"

Regulations on licensing the production of medicines, approved by the Decree of the Government of the Russian Federation dated 06.07.2006 No. 415.

Article 9 of the Federal Law "On Licensing Certain Types of Activities" dated 08.08.2001 No. 128-FZ

Syutkina M.A. New simplified procedure for obtaining licenses and other innovations in licensing legislation / Entrepreneur without forming a legal entity PBOYuL No. 5, 2006

Article 9 of the Federal Law "On Licensing Certain Types of Activities" dated 08.08.2001 No. 128-FZ

Article 9 of the Federal Law "On Licensing Certain Types of Activities" dated 08.08.2001 No. 128-FZ.

Regulation on licensing tour operator activities, approved by Decree of the Government of the Russian Federation of February 11, 2002 N 9.

Art. 13 of the Federal Law "On Licensing Certain Types of Activities" dated 08.08.2001 No. 128-FZ.

Arbitration Procedure Code of the Russian Federation of July 24, 2002 N 95-FZ.

Korovinskikh S. Criminal liability for illegal entrepreneurship // Russian justice. 2000. No. 4.

Licensing - restriction of the right to entrepreneurial activity: the obligation not to carry out entrepreneurial activity (general prohibition). This prohibition applies to all entrepreneurs who do not have an appropriate license to carry out a type of activity licensed in accordance with the law. The legal meaning of the license lies in the fact that it legalizes entrepreneurial activity in the relevant area. License - a special permit to carry out a specific type of activity subject to the obligatory observance of licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur.

A license is provided for each type of activity. The type of activity for which a license has been granted can be carried out only by a legal entity or individual entrepreneur who has received a license. The term of the license cannot be less than five years. The validity period of the license upon its expiration may be extended at the request of the licensee. Extension of the license is carried out in the order of reissuing a document confirming the existence of a license. Regulations on licensing specific types of activities may provide for the perpetual validity of the license. To obtain a license, an application for a license is written, which indicates: the full and abbreviated name, its location, addresses of the places where the licensed type of activity is carried out, which the applicant intends to carry out; surname, name and patronymic of an individual entrepreneur, his place of residence, addresses of places where the licensed type of activity is carried out; identification number of the taxpayer and data of the document on registration with the tax authority; the licensed type of activity that it intends to carry out. The application for granting a license shall be accompanied by: copies of constituent documents - for a legal entity; a document confirming the payment of the state fee for consideration by the licensing authority of an application for a license.

Types: development of weapons and military equipment; production of weapons and military equipment; repair of weapons and military equipment; disposal of weapons and military equipment; arms trade and military equipment; production of weapons and essential parts of firearms; production of cartridges for weapons and components of cartridges; trade in weapons and essential parts of firearms; production of medical equipment; transportation of passengers by sea; transportation of goods by sea; transportation of passengers by inland water transport; transportation by inland water transport of goods; transportation by air of passengers; transportation of goods by air; tour operator activity; travel agency activity.

Licensing of tour operator activities is carried out by the Ministry economic development and trade of the Russian Federation. The validity of the license to carry out tour operator activities is 5 years. Licensing requirements and conditions for the implementation of tour operator activities are: the presence in the staff of the tour operator - a legal entity of at least 7 employees engaged in tour operator activities; the presence of a tour operator with higher, secondary specialized or additional education in the field of tourism or work experience in tourism for at least 5 years, as well as the presence of the head of the tour operator (head structural unit carrying out tour operator activities) higher, secondary special or additional education and at least 5 years of work experience in the field of tourism; availability of a certificate of compliance of tourist services with safety requirements; providing the client with comprehensive information about the mode of operation of the tour operator, its location, the presence of a license, certificates for services subject to mandatory certification, last names, first names and patronymics of officials responsible for maintaining the relevant areas tourism activities. Licensing of the production of medical equipment is carried out by the Ministry of Industry, Science and Technology of the Russian Federation. Licensing requirements and conditions for the production of medical equipment are: compliance with the requirements of the legislation of the Russian Federation, state standards and regulatory technical documents for the production and quality control of medical equipment; obligatory state registration in the Russian Federation, in accordance with the established procedure, medical equipment declared by the applicant for production; the licensee has buildings, premises and technological equipment necessary for the implementation of the licensed activity; compliance of production premises and equipment with technical standards and requirements for premises and equipment used in the production of medical equipment; the licensee's employees responsible for the production and quality of medical equipment have higher or secondary specialized technical or medical education and work experience in the relevant specialty for at least 3 years. The license for the production of medical equipment is granted for 5 years. The validity period of a license upon its expiration may be extended at the request of the licensee in the manner established for reissuing a license.

Legal basis for investment and innovation activities. Legal regulation foreign investment.

Investments - cash, securities, other property, including property rights, other rights having a monetary value, invested in objects of entrepreneurial and (or) other activities in order to make a profit and (or) achieve another beneficial effect.

Investment activity - investment and implementation of practical actions in order to make a profit and (or) achieve another beneficial effect. Innovation is the activity of creating and mastering new knowledge in order to introduce them into the production process of goods, works and services. The main goal of innovation is profitability. Properties: scientific novelty, industrial applicability, commercial feasibility. The absence of any of them radically changes the nature of this phenomenon. Portfolio investments are investments in stocks, bonds, other securities, shares in business companies and partnerships. Direct is an investment in the production process.

Foreign investment - an investment of foreign capital in an object of entrepreneurial activity in the territory of the Russian Federation in the form of objects of civil rights owned by a foreign investor, if such objects of civil rights are not withdrawn from circulation or are not limited in circulation in the Russian Federation in accordance with federal laws, including money, securities (in foreign currency and the currency of the Russian Federation), other property, property rights having a monetary value of exclusive rights to the results of intellectual activity (intellectual property), as well as services and information.

A foreign investor has the right to make investments in the territory of the Russian Federation in any form not prohibited by the legislation of the Russian Federation. A foreign investor who initially imported into the territory of the Russian Federation property and information in documentary form or in the form of a record on electronic media as a foreign investment has the right to unhindered (without quotas, licensing and other measures of non-tariff regulation of foreign trade activities) the export of these property and information outside the Russian Federation. A foreign investor has the right to purchase shares and other securities of Russian commercial organizations and government securities in accordance with the legislation of the Russian Federation on securities. A foreign investor is obliged to comply with the antimonopoly legislation of the Russian Federation and prevent unfair competition.