Certain activities may require special permits or licenses to operate in 2021. It is prohibited to work without the appropriate documents. In case of violation of these requirements, fines or other sanctions may be imposed.
The main provisions are indicated in Art. 12 of Federal Law No. 99-FZ of May 4, 2011. The law lists 57 areas that require mandatory receipt of relevant documents. Each direction corresponds to its own regulations, which are approved by the Government of the Russian Federation.
What criteria are used to determine the types of activities subject to licensing?
In accordance with global legislative practice, the state establishes the types of activities subject to licensing, which affect:
- country's defense capability;
- the level of security of citizens and national security in general;
- people's health;
- compliance with the constitutional rights and freedoms of citizens of the Russian Federation;
- maintaining the rule of law;
- preservation of cultural, historical, spiritual heritage.
As a result, determining the types of activities subject to licensing fulfills the task of protecting the interests of the state and consumers from insufficiently high-quality goods/services of increased importance.
What OKVED codes require a license?
On the one hand, such a list does not exist. Legislators have still not been able to compile and provide a list of licensed activities. But on the other hand, there is a list of works for which it is necessary to obtain a license.
The list of licensed types of activities can be found in Order of the Federal Tax Service of Russia dated February 28, 2008 No. MM-3-6/79. You can find the following data in it:
- Groups divided by qualifications and subgroups of VD;
- List of works and services that require special permission;
- A list of laws that specify the types of activities that require a license;
- List of supervisory and regulatory agencies.
The last item in the list specifies on which official websites you can find out about the availability and validity period of the received license. By going to the profile website (Rosalkogol, Rospotrebnadzor or another department), find the search window and enter the organization’s TIN. Then click “Search” and wait for the result. In the information provided, you can study the necessary information. If no data appears during the search, then most likely the license was not received or its validity period has expired. To correct the situation, you need to obtain a new or renew an old license.
Types of activities subject to licensing
An exhaustive list of types of activities subject to licensing is given in Article 17 of the Law “On Licensing of Certain Types of Activities”. This list includes:
- provision of medical services;
- education;
- Sale of alcohol;
- activities for the design, development, production, repair, disposal of weapons and military equipment, trade in such products;
- activities for the design, development, production, repair, testing of aircraft for various purposes;
- services in the field of encryption and data protection;
- development, production and sale of medicines and medical equipment;
- transportation services for people and goods;
- some construction, engineering and survey work;
- production of certain types of consumer goods;
- organization and conduct of gambling, betting services;
- circulation of narcotic and psychotropic drugs for various purposes.
In accordance with the latest practice and Government Decrees, changes may be made to the law, and types of activities subject to licensing may be excluded or added. Thus, to obtain comprehensive information about the issue, it is always preferable to turn to official sources containing the latest versions of legislative acts.
When is a license needed?
The license contains a list of permitted works and services provided. No one has the right to demand additional permits from an organization or individual entrepreneur to carry out activities if they are not listed in the list of licensed ones.
Obtaining a license provides options that can cause harm and is aimed at preventing such a situation from occurring. Organizations, when carrying out their activities, must not cause harm in the following cases:
- If there is a risk to the life or health of people (production of medicines, drugs, narcotic substances);
- Violation of legitimate interests and rights (development of technical means for obtaining or protecting personal data, information or television and radio broadcasting);
- Impact on the environment (use of ionizing radiation);
- Damage to objects of national or cultural heritage (during restoration or restoration work);
- In the defense of the country or its security (development of various types of weapons, military equipment);
To prevent negative consequences, licensing requirements may be imposed on organizations that intend to carry out activities in these areas. To implement activities in industries subject to licensing, the organization must have the necessary equipment, appropriate premises and sufficient funds. To confirm the company's capabilities, employees must have appropriate qualifications. There must be a control system in the premises and on production lines.
Laws governing the issuance of licenses
The basic law, which specifies the licensed types of activities of 2020, is Law No. 99-FZ of 05/04/2011. But besides this, there is also a list of laws, each of which regulates a separate licensed line of business.
Law number (No.-ФЗ) | Directions subject to licensing |
171 from 11/22/1995 | Production and circulation of alcohol |
7 from 02/07/2011 | Clearing activities |
4015-1 dated November 27, 1992 | Insurance activities |
395-1 from 02.12.1990 | Activities of credit institutions |
325 from 11/21/2011 | Bidding |
75 from 05/07/1998 | Activities of non-state pension funds |
39 from 04/22/1996 | Professional activity in the securities market |
5663-1 dated 08/20/1993 | Space activities |
5485-1 dated 07/21/1993 | Protection of state secrets |
170 from 11/21/1995 | Activities in nuclear energy |
In addition to these federal laws, which include a list of activities subject to licensing, there are by-laws at the level of Government resolutions. They indicate licensing requirements, without which a permit will not be issued.
Licensing of certain types of activities is entrusted to authorized state bodies. You can find out which structure is responsible for issuing the permit you need from Government Decree No. 957 of November 21, 2011. Thus, an educational license is issued by Rosobrnadzor, for medical and pharmaceutical activities - by Roszdravnadzor, and for transportation - by Rostransnadzor.
In 2021, work without such permission, if necessary, is punishable in accordance with the articles of the Code of Administrative Offenses of the Russian Federation:
- Article 14.1 - a fine of 4 to 5 thousand rubles per manager and from 40 to 50 thousand rubles for the organization itself (with possible confiscation of products, production tools and raw materials);
- Article 14.1.2 (special norm for activities in the field of transport) - 50 thousand rubles for a manager and 400 thousand rubles for an LLC;
- Article 14.1.3 (for management of apartment buildings) – from 50 to 100 thousand rubles per official and from 150 to 250 thousand rubles per legal entity;
- Article 14.1.3 (conducting gambling) - from 30 to 50 thousand rubles per manager and from 500 thousand to 1 million rubles per organization with confiscation of gaming equipment.
The sanctions are quite serious, so it’s worth figuring out whether licensing for legal entities is required in your case.
How to get a license?
To obtain a license, you must meet the following requirements:
1) have the premises, technical means, equipment and technical documentation necessary to perform the work, owned by the person requesting the license, on the basis of ownership or other legal basis at the place of implementation of the licensed type of activity;
2) have a staff of qualified workers with the necessary work experience and professional training for this type of activity;
3) have production control systems.
The license is valid for an indefinite period, but it must be obtained for each type of activity separately. The cost of the state duty that you will have to pay for the opportunity to engage in this or that business depends on the type of activity. However, the documents that will need to be submitted to obtain a license are typical:
- an application for a license, which is signed by the head of the permanent executive body of a legal entity or another person or individual entrepreneur entitled to act on behalf of this legal entity;
- here the full name of the company, its organizational form, location address, addresses of places of implementation of the licensed type of activity, state registration number of the record on the creation of a legal entity or individual entrepreneur data are indicated. This also includes data on the TIN and data from the document on registration with the tax authority. Naturally, the application must indicate what type of activity the applicant wants to obtain a license for, as well as describe the services that are planned to be provided;
- The application indicates the details of the document confirming the fact of payment of the state duty. Here you can also ask for information on licensing issues in electronic form;
- copies of the constituent documents of a legal entity, certified by a notary;
- copies of documents, the list of which is determined by the regulations on licensing a specific type of activity and which indicate the compliance of the license applicant with the licensing requirements.
If the application for a license is completed in violation, the licensing authority must notify the entrepreneur about this within three working days from the date of its receipt. A period of 30 days is given to eliminate violations. After the final receipt of documents, officials will have 45 working days to make a decision on whether to issue a license or refuse. In this case, the refusal must be motivated. In particular, they may refuse if the application contained false or distorted information. Or if during the inspection it turns out that the applicant does not meet the licensing requirements. A refusal can also be expected if a decision has already been made against the license applicant to cancel a previously issued license for this type of activity. You need to know that a license can be canceled or suspended, for example, if the licensee was brought to administrative responsibility for failure to comply within the prescribed period with an order to eliminate a gross violation of licensing requirements.
What awaits the owner of a licensed business?
An entrepreneur who has decided to start a business that requires a license must be prepared for both annual scheduled and unscheduled inspections. An unscheduled on-site inspection of a licensee is carried out in the following cases:
- if the licensing authority has received a statement of gross violations of licensing requirements by the licensee from citizens, individual entrepreneurs, legal entities, state or local government bodies, and the media;
- if the deadline for fulfilling a previously issued order to eliminate a violation of licensing requirements has expired;
- if the period for which the license was suspended has already expired;
- if the licensee himself asks officials for an on-site inspection in order to establish the fact of early execution of the order of the licensing authority;
- by order (instruction) issued by the licensing authority in accordance with instructions from the president or government.
What types of activities require permission?
And now specifically - which areas are subject to licensing in 2020? In the table above we have already indicated licensed types of activities, each of which is regulated by a separate law.
But the largest list of business areas for which a license is required is given in Law No. 99-FZ of 05/04/2011. There are 51 items in total, but some of them can be combined into one direction:
- Activities in the field of information and telecommunication systems, encryption tools.
- Activities related to special technical means designed to secretly obtain information, as well as to identify it.
- Development and production of means for protecting confidential information, activities to protect confidential information.
- Production and sale of counterfeit-proof printed products.
- Production, testing, repair of aircraft.
- Activities related to weapons, ammunition, military equipment.
- Operation of fire and explosion hazardous and chemically hazardous production facilities.
- Fire fighting, installation, maintenance, repair of fire safety equipment.
- Production of medicines and medical equipment.
- Trafficking in narcotic and psychotropic substances.
- Activities in the field of use of infectious disease agents and GMOs.
- Transportation of passengers and cargo by road, rail, water, sea, air transport.
- Loading and unloading activities and towing of vehicles.
- Collection, transportation, neutralization of waste of I - IV hazard classes.
- Organization and conduct of gambling.
- Private security and detective activities.
- Procurement, storage, processing, sale of scrap metal.
- Employment of Russian citizens outside the Russian Federation.
- Communication services, television and radio broadcasting.
- Production of copies of audiovisual works, computer programs, databases, phonograms on any media.
- Use of sources of ionizing radiation.
- Educational activities.
- Geodetic and cartographic activities, surveying work.
- Activities in the field of hydrometeorology and geophysics.
- Medical and pharmaceutical activities.
- Preservation of cultural heritage sites.
- Industrial safety examination.
- Activities related to explosive materials for industrial use.
- Management of apartment buildings.