What is a license: the interpretation of the concept in the legislation of the Russian Federation + what is needed to obtain a license + package necessary documents + Where to apply for the issuance of a license + how much will have to pay for permission.

To date, special permit from government agencies is necessary in many areas of activity, so you know what a license is obliged to every businessman.

Terminology and legislative base on what license is

The license is the official paper that gives the right to carry out activities in the area of \u200b\u200bservices where licensing is a prerequisite. To obtain this permission, the licensee (one who wishes to obtain a license) must comply with the requirement of a special check (licensor).

* An example of a license to trade alcohol

IN legislative Base Russian Federation There is a special law No. 158 "On licensing separate species activity "- https://www.consultant.ru/document/cons_doc_law_113658. You can find full list All types of industries where the presence of permission is a prerequisite.

As a rule, these are those areas of services that are associated with health, as well as the security of citizens of the Russian Federation. That is, for example, if you open a pharmacy without a license, and during its work, people will suffer from poor-quality drugs, the owner is improving criminal liability for violation of the law and / or solid fines.

The most common business branches, where the official license is necessary for work:

• medicine and pharmacology;
• construction services;
• production of alcohol, tobacco, as well as its implementation;
• providing pedagogical services;
• the work of banks and other financial institutions;
• production and implementation of systems for mass communication;
• transportation of passengers; storage and destruction of chemical buildings, etc.

Full list you will find in Article 12 of the Basic Law

https://www.consultant.ru/document/cons_doc_law_113658/6a4a5b5468ba8b99831699f7d.
048D2A5D7710610

What is needed to obtain a license?

Of course, for each type of activity, their requirements needed to obtain a license are put forward. However, the legislation still indicates the main conditions that each IP or JUR should be responsible to be licensed (Art. 8, FZ No. 158).

Primary requirements:

As for the documents, this moment is always particularly difficult for understanding a person far from jurisprudence. So let's stop at the last paragraph.

Documents for permission

To make permission to legitimate work in a particular industry, it is necessary for the authorities to prepare a considerable list of documents.

What kind of references need:

1. The application in the form, which will be given in the receiving body, which will accept an application for issuing a license.

   The application will need to specify the full name of the organization, legal and actual address, attach an extract from Unified Registry legal entities or IP.

   You must also specify the applicant information: FULL NAME, telephone, email address, passport details, actual residence.

If you are interested in pre-studying what this statement looks like, you can download it on the official website of the public service: https://www.rospotrebnadzor.ru/bitrix/redirect.php?Event1\u003dFile&event2\u003ddownload&event3\u003dshablon_na_predostavlenie_litsenzii_1_2.doc&got.
o \u003d / Upload / iblock / 468 / shablon_na_predostavlenie_litsenzii_1_2.doc

2. Individual taxpayer number.
3. Specify information on the type of business for which permission is necessary, as well as a list of all services.
4. Receipt of payment of state duty.
5. The document from the Commission, which confirms that the applicant complies with all the requirements of Law No. 158.
6. At the end of the application, you need to sign the signature and the date of submission of documents.

Of course, this list will vary (supplemented) depending on what kind of activity you are planning to get a license. For example, for those who want to trade alcohol, the list is as follows:

After receiving the application, the official competent in this matter is obliged to view a package of documents on time to 30 days. If everything is in order, then for 3 days there must be an order to make a decision to issue a license.

Also, the applicant will be directed requisites for making a license collection. If for 3 months you will not find time to pay it, your permission is canceled.

In case of refusal, the authority is obliged to send documents to the applicant in the period up to 3 working days and indicate the reasons for which his business has no right to provide services to the population of the Russian Federation.

The decision of the official can be appealed in court for 3 months after receiving the refusal if the applicant believes that the verdict was submitted for not objective reasons.

Who gives licenses?

Checks the compliance of the applicant with the requirements specified in the law, as well as the issuance of the license itself, the relevant executive authority or other competent authority in the selected sphere. For example, when you can contact the territorial body of local authorities or to Roszdravnadzor.

A complete list of bodies that have the right to issue permits to work by IP and legal entities, you will find in the Decree of the Government of the Russian Federation №135 - https://www.consultant.ru/document/cons_doc_law_35719/692599fdba190574827f168f622.
C9AFCED54F4F1.

The permit is valid throughout Russia, as well as in those cities over which the Russian Federation carries out jurisdiction.

Alcohol license.

Obtaining a license to trade alcohol products.
List of documents and design.

How much is the license?

We should also not forget that the permission to open a business will be not cheap. The amount of the amount depends on the type of activity on which the businessman wants to make money.

For example, wishing to buy, store and sell alcohol will have to give 800 thousand rubles to the state. For business owner, which is associated with the sale of securities, the size of the duty will be equal to 35 thousand rubles.

The size of the duty for all types of activity is specified in the Tax Code of the Russian Federation Art. 333.33 - https://www.consultant.ru/document/cons_doc_law_28165/7f6aa2a30ed6c4b39a5890e07
C7494D9C278B8EA / # DST5947

The permits enters into force upon the next day after the signing of the order of the authorities and is valid for 5 years. After you need to apply to extend it. For some activities, renewal is not obligatory, because permission has an indefinite character.

We briefly described what a license is, and in which areas it is necessary. Do not forget that the opening of the business without this permission threatens a huge fine and / or other administrative penalties.

If during the organization of the organization without a license, people or the company received high profits, then the owner of the company falls under criminal liability.

Legislation regulating in Russia the sphere educational services, in last years It has changed very significantly. On the one hand, not only government agencies, but also commercial organizations can be exercised now, but also commercial organizations, with the other, it was introduced to the mandatory licensing of any similar activity. That is why a particular relevance acquired the question, whether the educational license is needed in one way or another.

If you need an educational license of turnkey without unnecessary bureaucracy, then order its design from professionals.

Legislative acts that determine the need for educational license

Before you consider the types of services when you need a license for educational activities, it is necessary to list the main legislative acts regulating the education sector at the present time. These include:

• Law "On Education in the Russian Federation" №273-ФЗ, published on 12/29/2012
• Law "On Licensing ..." №99-ФЗ, signed 04.05.2011
• Decree of the Government of the Russian Federation №966, dated October 28, 2013

In the first two indicated federal laws contain the main provisions regulating the scope of the provision of educational services. Especially a lot of innovations contains a new law on education adopted. It is that it contains an affirmative answer to the current and topical question, whether the educational license is needed.

Developed and signed by a somewhat later resolution No. 966 contains a specific list of services when a educational license is needed, as well as a description of cases when its receipt is not required.

Types of educational services, when providing a license

The above legislative acts provide for the mandatory obtaining license for educational activities, if the organization or individual entrepreneur Provides services for pre-school, general, professional, additional professional education or vocational learning. For a more accurate idea of \u200b\u200bspecific types of educational activities that are subject to licensing, each of them should be considered separately.

Pre-school and secondary general education

The type of educational activity with which absolutely every person faces. After making changes to federal legislation, such services can have both non-commercial and commercial organizations. At the same time, they need a mandatory license.

Professional education

One of the most common types of educational services. It includes four levels:

• secondary vocational;
• higher with assignment of the degree of bachelor;
• higher with the assignment of a master's degree or specialist;
• higher with the preparation of specialists of the highest category (graduate school, internship, ordinature).

Only educational organizations have the right to engage in vocational education.

Additional professional education

This type of educational services can have only non-commercial organizations. Distinguish two main types educational programswhose purpose is:

• training;
• professional retraining.

Professional education

Educational services for vocational training can also be provided by any organizations, both commercial and non-commercial. At the same time distinguish three types of programs:

• preparation of workers by professions serving positions;
• retraining of workers and employees;
• improving the qualifications of workers and employees.

The above services listed above contain practically full list situations when a license is needed for educational activities.

Cases when a license for educational activities is not required

Currently, the current legislation provides for only one case when the license for educational activities is not required. It represents a situation in which a personally registered individual entrepreneur is personally provided. At the same time, he cannot hire other specialists, working only on its own. Examples of such activities are the services of a tutor, a private teacher who has the necessary work experience and education. Also without a license allowed personal maintenance of circles, sections or studios carried out by an individual entrepreneur without attracting additional specialists.

Prior to the introduction of the decision No. 966, the license was not required in cases where the certification was not certified as a result of studies, and did not issue a final document on the education received. Examples of such situations are trainings, seminars or lectures. Recent changes led to the fact that this activity can be done without a license, but this is due to the fact that it is not educational. According to a new classification, such services belong to cultural or leisure.

Almost every client, purchasing one or another product or addressing the receipt of the service, checks whether a company offering a service or product, a license for production, whether its sold and proposed standards are compliant.

If you are a businessman, you must ensure the legality of your business. For many areas of activity, the base is a license. She makes the company and its product legitimate.

The license is necessary for the following directions:

• jurisprudence
• medicine
• education
• security activities, etc.

The "Licensing" section will help you get a license. He will be for you step by step instructionsThrough which you will quickly become a license holder.

What is a license for what

License: Why is it needed?

It is mistaken to believe that licensing activities is common formality. This is not true. The license is given only to those enterprises whose activities will not harm environment And people. To get a license, you need to meet the standards provided for in each specific segment.

The license will make your undertakings legitimate and attract customers to you, as it is in itself the basis for trust.

If you, for example, intend to engage in security, this means that your customers will have to trust your life or property, or first, and second. But how do they find out that you can really protect them that you have the necessary experience and knowledge that you have the required for reliable protection Objects and people skills?

Licensing is what will indicate on you, as at a specialist, and on your enterprise, as on reliable companycapable of protecting any values.

Types of license

Licensing

Applied different kinds licensing. They depend on the activities of which the company is engaged. Licenses are most popular:

• educational. In the field of education, giving the right to institutions to train various layers of the population
• medical
• transport
• pharmaceutical
• on weapons
• security, etc.

In the "Licensing" section, you will learn whether you need a license, what kind of request, where to see for receiving and what documents should be provided.

What you need to know about licensing

Questions of issuing licenses are based on the legislation of the Russian Federation. In addition to laws, for each type of licensing, it provides its provisions where the bodies in which should be applied to obtain a specific type of license. In accordance with the provisions, the package of standard documents stipulated by the law is significantly expanded, which must be submitted to outstanding licenses.

In this section, you will learn where to contact to get a license for your kind of activity. For example, if it is related to the protection or sale of weapons, you need to write a statement in the Ministry of Internal Affairs. If you are planning to do medicine, you need to go to Roszdravnadzor. For those who want to engage in space programs, you need to contact Roscosmos.

On the currently More than 20 organizations are engaged in issuing licenses, each has its own requirements. All about them you will learn in this section.

What documents are licensed

Documents for licensing

The legislation provides a package of documents that each applicant should be submitted to the license. For legal entities and individuals, it is not the same.

So, the owners of the IP must provide:

• the address in which the actual addresses live, as well as the licensed activity will be carried out
• passport details (date when issuing, number, etc.)
• data on registration of an individual enterprise
• information about the organization providing registration of IP
• data on the form of activities
• contact details of the applicant

For legal companies, the following list of documents are needed:

• officially registered and proven trademark name, as well as organizational and legal form
• registration number
• legal address
• information on the registered organization
• estimated activity
• contact details

The listed documents are attached to the application. Documents are also provided that indicate that the applicant actually has everything necessary to obtain a license. This is the information about the presence of the areas of space, education, qualifications, etc.. It should also be provided with a certificate that the state duty is paid, notarized copies of constituent documents, etc.

Submitting a statement and documents attached to it are not only personally, but also by mail or to the electronic address of the organization. In this section, you will learn how necessary documents are provided in which form.

Advantages of the "Licensing" section

Using the information provided in the "Licensing" section, you can independently, without the help of lawyers, get a license. This will allow you to save time and money.

Information is set out available for business professionals and beginners starting the case from scratch. All information provided comply with the laws and directives and are regularly updated. Here you will find everything you need in order to get a license in your chosen area, learn where to contact and what documents to collect.

Professional education employees of organizations up to 72 hours, Exercised by specialists and highly qualified working organizations in order to deepen and maintain the level of qualifications of employees of the organization, their regular certification, adaptation of newly accepted workers to the specifics of production, working conditions, the traditions of the labor collective, with a reflection of information about the passage of training in the qualification characteristic without issuing documents on education or qualificationslicensing for the right to conduct educational activities is not subject to.

This activity falls under the effectiveness of the law "On Education", but Labor Code, and specifically the chapter 32 TC "student contract". During the apprenticeship, no employee pays his student to the employer, and the employer pays the employee said training, paying a scholarship of at least a minimum wage (now 5205 rubles)

This is not learning in pure formrather professional training.

The student agreement may contain a condition for the need to work for this employer a certain time. Wherein

Article 207. Rights and obligations of students at the end of the apprenticeship
Persons who successfully completed the apprenticeship, at the conclusion of an employment contract with the employer, under the contract with whom they were trained, the probationary period does not establish SI.

In case the student at the end of the apprenticeship without good reasons Does not fulfill its obligations under the Agreement, including does not start work, he returns a scholarship at the request of the employer, and also reimburses other expenses incurred by the employer due to the student.

At the same time according to

Decree of the Government of the Russian Federation of 31.03.2009 No. 277
(Ed. from 09/24/2010)
"On approval of the Regulations on licensing educational activities"

2. Not subject to licensing:

but) educational activities in the form of one-one lectures, internships, seminars and other types of training, not accompanied by the final certification and issuance of documents on education and (or) qualifications;

b) Individual labor pedagogical activities, including in the field of training.

So you can either conclude with these persons labor contract with the conclusion of the student agreement, and then you can accomplish like entity (Certainly, before you have to register this legal entity, for example, in the form of LLC), the professional training of its employees, providing them with all the guarantees provided for by TC.

Either, as an individual entrepreneur, can carry out one-time lectures, internships, seminars that are not accompanied by final certification and issuing education documents (note that they are one-time, and not systematic), or to carry out individual labor pedagogical activities in the field of prof. preparation.

Individual labor pedagogical activity is carried out in accordance with

Article 48 of the Law on Education

Individual labor pedagogical activity

1. Individual labor pedagogical activities accompanied by receiving income is considered as entrepreneurial and subject to registration in accordance with the legislation of the Russian Federation.

2. Individual labor pedagogical activity is not licensed. (As amended. Federal Law from 08.12.2003 N 169-FZ) (see text in the previous edition)

3. Unregistered individual labor pedagogical activity is not allowed. IndividualsThe activities involved in violation of the legislation of the Russian Federation are responsible in accordance with the legislation of the Russian Federation. All incomes derived from such activities are subject to recovery in the income of the relevant local budget in the prescribed manner.

Quite often, when organizing this or that entrepreneurial activity may arise, whether a license is necessary for IP or not? In fact, the answer to the question can directly depend on what activity is going to engage in the entrepreneur. Consider this question in details.

What is a license

A license for an entrepreneur is called a special document issued by an authorized state organization, which confirms that the license holder has the right to engage in these activities. It is understood that the owner complies with all the necessary legal, technical, medical and other norms designed to make its activities safe and relevant quality standards.

Getting a license in Russia is necessary to engage in the following activities:

• sale of medicinal and pharmaceuticals (pharmacy);
• provision of medical services;
• detective activity;
• any activity in the field of railway or air transport;
• and cargo through marine and river transport.

Legal basis for license

Licensing entrepreneurs, as well as persons with another legal form of the Organization (LLC and OJSC), is carried out by a special commission, which includes, in addition to authorized employees, experienced representatives of a particular profession.

Until 2002, the number of activities that were subject to mandatory licensing was measured by dozens. Then the number of such activities have reduced to a minimum in order to promote the development of small businesses. However, some legal requirements continue to change.

For example, veterinary activities could be carried out, being IP, until 2008. However, after that some medications For animals, they were classified as narcotic substances. Therefore, their use has become possible only if there is an appropriate license, to receive the IP cannot - only LLC. As a result, some IP in the field of veterinary medicine turned their activities, while others re-registered in LLC.

Individual entrepreneurs also do not have the right to engage in some activities, including:

• production, sale and purchase of narcotic drugs, poisons and certain types of drugs;
• development and design of military products;
• production and sale.

Why do you need to have a license?

Many entrepreneurs are trying to find a way to bypass the law relating to licensing. This is not the most reasonable step, especially now, when Rospotrebnadzor has the ability to control activities almost anywhere in the city, and all calculated operations are carried out using data networks. To avoid administrative fines and recovers for conducting activities without a license, you can always give preference to one of those activities for which licensing is not required.

However, we should not forget that some types of products require, among other things, the presence of certificates of conformity. And for some activities it is necessary to have sufficient capital (for example, for insurance premiums in tourism). Legislative requirements should not be treated frivolous to avoid problems.

Knowing how to get a license for a particular activity, the future individual entrepreneur has the opportunity to prepare and provide for all the conditions specified in the relevant legislation. In some cases, you can even make a decision instead of SP to organize LLC or JSC.

Requirements when obtaining a license

Specific requirements that are presented to the alleged recipient of the license are highly dependent on the type of activity. So, if an individual entrepreneur plans to engage in medical activities (for example, open dental office) or selling medicines in your own pharmacy, then the requirements are presented not only sanitary and not only to the room. We are also talking about the qualifications of employees who will be hired to work. Noticeable advantages in this case will be the presence of medical education and organization for customers additional services. These are optional conditions, but they can contribute to a positive solution to the license commission.

If we are talking about transportation for passengers, it is necessary that the vehicle will be used to be used for this purpose, the technical control and corresponded to all safety standards. It is also necessary that the driver of the vehicle has relevant qualifications, and the route has been agreed with authorized control organizations.

How to solve possible problems?

When the IP is needed a license, it may encounter many small problems, including the inconsistency in one way or another (for example, the lack of necessary education). However, before, there may be a problem of the lack of knowledge on this or that matter. To avoid this, you need to either familiarize yourself with the texts of the relevant laws on your own, or contact competent specialists.

Of course, consulting services in this case will be poor, but they will be guaranteed to avoid uncommon's and any problems in the future, which may arise in non-compliance with the requirements. The presence of a license guarantees the entrepreneur peace of mind and the lack of unforeseen situations during its entire period. It can be engaged in the selected activity, without fear.