Do I need a license to operate. Which OKVED to use for the company

The main legal document that regulates licensing is the Federal Law “On Licensing Certain Types of Activities” No. 99-FZ dated May 04, 2011. Also, the licensing features of each type of activity are established by the provisions approved by the Government of the Russian Federation.

Obtaining a license to carry out licensed activities is a requirement of the law, so the question “why is licensing necessary” is not worth it, because. without obtaining a license, the state will not allow the enterprise to do business.

Let's figure out in which case and how to get a license.

When a license is needed

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

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

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

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

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

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

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

There may also be restrictions on the legal form, for example, an individual entrepreneur cannot obtain a license to manufacture and sell alcoholic products, licenses are granted exclusively to legal entities.

What documents are needed to obtain a license

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

• application in the prescribed form;
• copies of the constituent documents of the organization, certified by a notary;
• Required documents, which may be established by the regulation on licensing a particular type of activity;
• description of attached documents.

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

Ways to provide documents:

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

It is also possible in in electronic format, with electronic signature. But in practice, this method is now little used.

Where to apply and terms for obtaining a license

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

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

If the application reveals a violation of the requirements or the documents are not presented in full, then within three working days the licensing authority delivers a notice of the need to eliminate it. You have 30 days to correct.

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

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

Checks

Firms that have received a license to carry out activities are monitored, so the entrepreneur needs to be prepared for scheduled and unscheduled inspections.

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

An unscheduled on-site inspection may be scheduled if:

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

In order to ensure the protection of the legitimate interests of citizens, cultural objects and environmental protection, as well as in order to preserve the security of the country, it was decided to license certain works and services for which a license must be obtained, and the procedure for such a procedure is specified in a special law.

The concept of licensing

Licensing is a set of measures that includes services for the issuance, suspension, renewal and cancellation of licenses for different kinds A license is a special document that authorizes a company or an individual entrepreneur to provide certain services or carry out one or another type of work on a legal basis. Such a document can be issued both in paper and in electronic (with digital printing) option.

Licensing of individual companies is carried out according to the principle of a single economic space, openness and accessibility of information, and compliance with the law.

which are subject to licensing

Now a license must be obtained for about 50 types of work and services. Here are some of them:

Licensing of certain types of activities is carried out by special bodies that have been accredited.

Documents for obtaining a license

In order to obtain permission to exercise certain works or the provision of services, you must submit the following data:

1. The name of your company.
2. Address and details of the organization.
3. firm's activities.
4. Information about the company's registration with the tax office.
5. Documents on payment of the necessary state duties.
6. Other data.

The procedure for licensing certain types of activities

The head (representative) of the organization or submits documents to the licensing authority. The process of considering the issue of issuing a license takes about a month (and longer periods are possible). If, after analyzing the submitted data, the licensing commission reveals errors and shortcomings, obtaining a license will be delayed. The applicant will have to correct all these comments and only then submit the documents again.

The period of validity of such a document cannot be less than 5 years. After the end of this time, the entrepreneur can apply for an extension of the license. In some cases, the permit is issued for an unlimited period. Licensing of certain types of activities is carried out throughout Russia.

In this article, we will tell you what types of activities you need to obtain a license for in 2019, and what threatens to work without such a permit, if it is required by law.

A license is a permission of authorized state bodies to carry out certain types of activities.

Features of activities requiring a license

Business lines subject to licensing were not chosen by chance. All of them require special specifications, qualified personnel or may adversely affect the life and health of people, environment, cultural heritage. Among the licensed areas of business, there are those that are associated with large financial flows (banks, credit organizations, the securities market).

Far from all licensed activities are available to individual entrepreneurs. Why this is so, the laws do not explain, but it is known that the state treats individual entrepreneurs as business babies. For entrepreneurs, fines are many times lower, and there are more tax benefits. But, for example, IP will not be given licenses for the production and sale of strong alcohol. The maximum that is allowed to be sold from alcohol is.

What activities do you need a license for?

The largest list of licensed species is contained in Law No. 99-FZ of 05/04/2011, but besides it, there are several other laws, each of which regulates a separate area.

For example, the issuance of a license for the production and circulation of alcohol is controlled by law No. 171 of November 22, 1995, for the activities credit organizations- No. 395-1 dated 02.12.1990, for bidding - No. 325 dated 11.21.2011.

List of licensed activities in 2019:

• Freight and Passenger Transportation road (excluding taxi activities), rail, water, sea, air transport
• Loading and unloading and towing of vehicles
• Security and detective (detective) activities
• Education for children and adults
• Production of medicines and medical equipment
• Activities in the field of medicine and pharmaceuticals
• Production and sale of alcohol
• Clearing and insurance activities
• Activities of credit institutions and NPFs
• Trading and professional activity in the securities market
• Activities in the field of space and nuclear energy
• Activities for the protection of state secrets
• Activities related to encryption and special technical means for secretly obtaining information, protection of confidential information
• Activities in the field of information and telecommunication systems
• Communication services, television broadcasting, radio broadcasting
• Manufacture and sale of special printing products protected from counterfeiting
• Production, testing, repair of aircraft
• Activities related to weapons, ammunition, military equipment
• Legal trafficking in drugs and psychotropic substances
• Carrying out gambling through bookmakers and sweepstakes
• Procurement, storage, processing, sale of scrap metal
• Management of apartment buildings
• Industrial safety expertise
• Operation of production facilities heightened danger(explosion-, fire- and chemically hazardous)
• Neutralization, collection, transportation of waste related to I-IV hazard classes
• Activities related to industrial explosives
• Activities on the use of sources of ionizing radiation
• Fire extinguishing, installation, repair and maintenance of fire safety equipment
• Use of infectious agents and GMOs
• Employment of Russian citizens abroad
• Production of copies of audiovisual works, computer programs, databases, phonograms on any media
• Geodetic and cartographic activities, hydrometeorology and geophysics, mine surveying
• Preservation of cultural heritage sites.

Most often, individual entrepreneurs from this list choose cargo transportation, passenger transportation, medical and educational activities, private detective. The rest of the licensed activities in 2019 require either an organizational and legal form legal entity or large financial investments.

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Responsibility for the absence of a license

Non-compliance with the legislation in the field of licensing is an administrative offense that is punishable for individual entrepreneurs in accordance with the articles of the Code of Administrative Offenses of the Russian Federation /

Penalties for working without a license

• 14.1 (2) - from 4 to 5 thousand rubles with possible confiscation of manufactured products, production tools and raw materials (activity without a license);
• 14.1 (3) - from 3 to 3 thousand rubles (failure to comply with the necessary license requirements);
• 14.1 (4) - from 4 to 8 thousand rubles ( gross violation license terms).

Special penalties for a license in the field of transport under Article 14.1.2 of the Code of Administrative Offenses of the Russian Federation are much higher:

• lack of a license - 100 thousand rubles with confiscation of the vehicle;
• violation of the terms of the issued license - 20 thousand rubles;
• gross violation of the terms of the issued license - 75 thousand rubles.

Although the amount of penalties for individual entrepreneurs is several times lower than for LLCs, criminal liability does not differ depending on the legal form. It occurs upon receipt of income or damage to the state or citizens in the amount of 2.25 million rubles (Article 171 of the Criminal Code of the Russian Federation).

OKVED codes and license

About what business the individual entrepreneur will be engaged in, the applicant reports when registering with tax office. To designate specific types of activities, numerical codes according to OKVED are used ( All-Russian classifier types of economic activity).

It is impossible to compare the list by OKVED codes with the types of activities subject to licensing in Russia. The fact is that licensed areas are wider than a specific OKVED code.

How to determine if OKVED is subject to licensing

For example, if you select educational activity, then the following codes from OKVED-2 will correspond to it:

• 85.11: Pre-school education
• 85.12: Primary general education
• 85.13: Basic general education
• 85.14: Secondary general education
• 85.21: Vocational secondary education
• 85.22: Higher education
• 85.23: Training of highly qualified personnel
• 85.30: Vocational training
• 85.41: Additional education for children and adults
• 85.42: Additional vocational education

Moreover, these are only four-digit codes, and if you take into account five-digit and six-digit codes, there will be even more of them. And if we take pharmaceutical activity, then this concept includes the sale of medicines, their storage, and manufacturing. medicines prescriptions.

In itself, the indication in the form R21001 of the OKVED codes corresponding to the licensed direction does not oblige to obtain a license. Only if the entrepreneur starts real activity, you must contact the licensing authority in advance.

However, some inspectors, and sometimes banks, are interested in whether you have a license, if the extract from the USRIP contains the relevant OKVED codes. If you are not going to work under a license yet, then for your own peace of mind it is not at all necessary to enter these codes in advance even when registering an IP. Later they can always be served.

How to get an IP license

Licensing of certain types of activities is entrusted to authorized government bodies. You can find out which agency you need to apply for a license from Government Decree of November 21, 2011 No. 957.

Information on the most popular individual entrepreneurs license areas are given in the table.

Each authorized body has its own official website, where you can find contacts of regional divisions and all necessary information to obtain a license.

If as an individual entrepreneur you plan to engage only in licensed activities, then first study the licensing requirements. For example, in order to obtain a permit for the carriage of passengers by road, you must have:

• Vehicles equipped with GLONASS equipment;
• Premises and equipment for maintenance and repair of vehicles;
• Drivers with the necessary qualifications, work experience, who have passed a medical examination;
• A specialist for a pre-trip medical examination of drivers or an agreement concluded with medical organization to carry it out, etc.

When creating a number of legal entities, a prerequisite is the fact of having a permit. A license is such a permit to perform activities that is subject to licensing, with a mandatory condition for the fulfillment of all the rules and conditions of this permit.

A license may be granted for only one type of activity that is subject to certification. The license must contain the following information:

The authority that issued it;

Full name of the legal entity, its registration address, TIN, KPP, OGRN;

The type of activity that is allowed;

Scope of the license;

Special conditions if necessary.

Registration number, date of issue of the license and its period of activity.

It should be noted that the type of activity that requires obtaining a permit can be performed only by those organizations that have gone through the licensing process.

In particular, such areas include the sale of goods, the performance of work or the provision of services that may damage the rights, health of citizens, the defense capability of our country, and the cultural memory of the peoples inhabiting our state. The implementation of these types of activities cannot be carried out in any other way than through licensing.

Licensing is directly understood as a set of measures within which permits are issued, confirmation of the existence of certain documents, temporary suspension or cancellation of documents, supervision of enterprises that have passed licensing, compliance by licensees with all requirements and conditions in the implementation of licensed activities.

The main conditions that must be followed in the territory of our state when licensing are:

Commitment to ensure single space the country's economy;

A single list of activities that are subject to certification;

The general procedure for passing the procedure for obtaining the right;

The presence of norms that will be needed during the procedure for obtaining a permit;

Openness of the licensing procedure;

Compliance with all legal requirements in the implementation of licensed activities.

The state performs the licensing procedure on an ongoing basis. There are two main areas of activity of state bodies in this area:

Direct issuance of licenses;

Oversight of licensed organizations. Identification of violations.

License conditions are understood as a set of norms and rules that are established upon obtaining the right. To obtain and continue to use a license without any complaints, you must strictly follow the license terms. Among the main conditions for obtaining the right is considered to be strict compliance with the legislation of the Russian Federation, the implementation of norms and rules in ecology, fire protection, and so on. Some activities have additional provisions relating to this area.

Some activities require special knowledge and conditions, without which it is impossible to perform them. In this regard, the state bodies conducting the permit procedure have certain requirements for the qualified level of the licensee. To find out if there are additional requirements regarding the possibility of obtaining a license in a particular type of activity, it is necessary to study the regulation on licensing this type of activity.

It is worth considering such a nuance that if the right is issued by the federal authorities to carry out a specific type of activity, then it can be used on the territory of our entire state. If the license was obtained from the hands of the licensing authority of a separate subject of the Russian Federation, then it is necessary to engage in licensed activities strictly within the boundaries of this region, republic, territory or autonomous region and areas. Otherwise, it will be a violation and will lead to interest from law enforcement agencies.

Some activities cannot be carried out without a license. The right itself is, in its essence, permission to be able to engage in any occupation that requires strict compliance with the conditions of licensing. At the same time, the registration of the subject from a legal point of view (LLC or individual entrepreneur), the presence of special legal capacity, is not so important.

Currently, there is no single law that would only talk about the licensing procedure. This concept can be found in some legislative acts relating to certain types of activities.

The main document in which the interpretation of the basics of licensing is made is the federal law"On Licensing Certain Types of Activities". This legislative act was adopted on May 4, 2011 under the number 99-FZ.

In Article 3 of this draft law, the main characteristics relating to licensing can be identified. In particular, it says that:

A license applicant is an entity that applied to the body conducting the licensing procedure with the intention of obtaining the required license to perform a certain type of activity;

A licensee is an entity that already has a license and carries out any activity, taking into account all the requirements and conditions for its implementation.

A license is a supporting document issued by the authorities performing the licensing procedure. The license can be provided both in paper form and in the form of an electronic document. And electronic document must be signed with a special electronic signature. To receive an electronic document, the license applicant must indicate this in his application for a license.

The licensing procedure is mandatory for those enterprises that want to engage in certain types activities requiring a license.

Many are interested in how to obtain a license for a particular activity. In fact, the process is not so simple. Especially if you do not worry about the nuances of licensing activities in advance. Not all types of work require a license. And this fact must be taken into account. Today we have to find out everything that only concerns the receipt of the mentioned document. The procedure for paperwork will be considered on the example of licensing the activities of a security guard, as well as on the example of obtaining a license for a weapon. These 2 processes are very different from each other. So what should every citizen know about licenses? What to pay attention to? What is the procedure for obtaining a document?

Description

More and more often, citizens are thinking about how to get a license. But what is this document? Without understanding this nuance, it is impossible to fully assert that a person knows what he is doing.

A license is a kind of permission for something. For example, to conduct any activity within Russia. Or to carry a specific weapon. An extremely important document.

A list of types of activities that involve the execution of the specified document for work can be seen in Federal Law No. 99 "On licensing certain types of activities" dated 05/04/2011. For example, if a person plans to engage in security or detective work, he must obtain permission for this. Licensing of psychologists is currently being actively discussed. But so far, such an innovation is just a rumor. How to get a license? What every citizen should know about this process? For example, it has already become clear that this or that work requires the execution of the specified paper. What's next?

Where to go for help

Next, you need to figure out where to turn for help. More and more often, citizens are beginning to ask where to get a license. The question is interesting. It is definitely impossible to answer it. After all, the modern population is offered a small selection of places for the implementation of the task.

Among the most common organizations that are engaged in issuing licenses, it is worth highlighting:

• multifunctional centers (not always and not in all cities);
• portal "Gosuslugi";
• private licensing firms;
• licensing authority (for example, the Ministry of Internal Affairs or the Ministry of Emergency Situations).

Quite often, the latter scenario takes place. The main problem is to understand exactly what activity and where to apply. For example, Roszdravnadzor is licensing pharmaceutical activities, and the Ministry of Emergency Situations - the fire department. These features should be clarified, for example, in the MFC. They will provide advice on where to get a license for a particular work. Multifunctional centers are also very often contacted for the implementation of the task.

Can they refuse

It is worth paying attention to the fact that if a person is thinking about how to get a license, you will have to prepare in advance. Why? This is far from the easiest process. And the licensing organization has the right to refuse to issue a document.

Usually, after submitting an application of the established form with a certain package of papers, you will have to wait for some time. Approximately 3-5 days of waiting for a decision following the verification of the papers. Ultimately, either a citizen comes and receives a certificate, or he is denied a justification for the decision. This is a mandatory nuance.

With all this, the citizen will have 30 days to correct the situation. If the errors are fixed, the license will be issued. Of course, as soon as the reason for the refusal is exhausted, it is necessary to contact the licensing authority with evidence. Evidence is considered within 45 days. But this period may be extended. It concerns the initial consideration of the application. Therefore, do not think that obtaining the specified document - fast process. Will have to be patient. But how do you get a license? What other features should every citizen know about?

The control

For example, if a person did get a license (or an organization did), then you will have to come to terms with the fact that the activity will be controlled. What does it mean? The owners of organizations are waiting for a variety of inspections of licensing authorities. On the requirements that are put forward mainly to organizations for the conduct of a particular activity. a little bit later. But it is worth noting that compliance with the submitted requests is carefully regulated. And the specified document can be canceled during a scheduled or unscheduled inspection.

For example, licensed management companies in without fail are subject to control. Each type of activity has its own special schedule of scheduled inspections. Usually it is from 1 to 3 years. In other words, 1 compliance check is carried out for the specified periods.

Management companies that have received a license must go through the specified process as planned once every 3 years. But there are situations in which the relevant commissions are able to arrive earlier.

About unscheduled inspections

Before thinking about obtaining a license, each person must understand that they will have to conduct their work in compliance with all established rules. After all scheduled inspections It's not the only way to control. Sometimes the relevant services are able to travel to unscheduled events.

When is this possible? Among the most common scenarios for the development of events are:

• expiration of the period allotted for the elimination of certain violations;
• when applying to the licensing authorities for violations;
• expiration of the license or suspension of the validity of the document;
• independent request of an organization or a citizen;
• if there is an order from the licensing authority.

Most often there are complaints. That is why it is recommended to carefully monitor the activities and performance of work. Otherwise, a commission with a check may appear quite unexpectedly.

Requirements for organizations and individual entrepreneurs

Now it is clear where you can get a license, as well as what you should prepare in advance. Indeed, some believe that all problems end with the execution of the appropriate package of documents.

How is a license issued? The thing is that a lot depends on the type of activity. Every job has its own requirements. What should an entrepreneur comply with if, for example, he wants to open an organization that is engaged in medical activities?

In this case, the following features will have to be taken into account:

1. The premises must be owned or leased to be suitable for carrying out activities.
2. The entrepreneur must have all the necessary medical equipment installed to provide certain services.
3. Leaders and responsible persons must necessarily have higher education and medical. Qualification at the same time - correspond to the direction of work. And the total experience in the medical field - 5 years.
4. If there are employees, employment contracts are concluded with everyone.
5. Quality control and safety. This is the most important point that an entrepreneur should pay special attention to. Very often checks show interest in this component.

Similar requirements are put forward for any type of activity. Therefore, if a person is thinking about obtaining a license in Moscow or any other city, you will first have to:

• receive the necessary education;
• provide premises and equipment for activities;
• ensure the safety of employees and customers;
• conclude contracts with subordinates.

Documents for individual entrepreneurs or organizations

Papers include:

• application of the established form;
• constituent documents, copies (certified by a notary);
• paperwork required for specific type activities (their list is found out in the licensing authority);
• list of documents attached to the application.

The basic principle of obtaining a document is clear. Now it’s worth figuring out how to get a security guard or weapon license. What is to be done? In fact, everything is not so difficult.

For security guards

Where to get a security guard license? It is required to apply to LRO with a certain package of papers. In addition, it should be noted that security activities are much bigger problems for a citizen. Why? You will have to think in advance about what category a citizen wants to receive. The guards have several ranks. Depending on them, you will have to go through certain procedures.

How to get a security guard license? If you do not think about the discharge, then you can select the following algorithm of actions:

1. Passage of the medical commission. It is worth noting that it is planned to obtain a security guard license.
2. Education at the academy. Usually lasts several months.
3. Passing exams depending on one or another category of a security guard.
4. Collection of documents: identity card, conclusion of the commission at the academy, health certificates, photographs.
5. Submission of an application to the LRO with a package of papers.
6. Obtaining a document of the established form with a positive decision.

Now it is clear where you can get a license to conduct security activities. And what to do with weapons? How does a citizen legally have the right to carry, for example, a gun?

Weapon

This issue requires a rather serious approach. If a person is thinking about how to get a license for a weapon, you should be guided by the following algorithm:

1. Decide on the type of weapon you want to carry. The best place to do this is at a gun shop. The worker will be able to help determine the type of license you need to obtain.
2. To store weapons will have to install a safe. Such a requirement is very often put forward.
3. The person must pass a medical examination. A psychiatrist is required.
4. Collection of documents: identity card, medical report, certificates of the presence of a safe, documents on the absence of a criminal record, photographs, an application, a hunting ticket (if we are talking about hunting weapons).
5. Submitting an application to the LRO and waiting for a decision.
6. Obtaining a licensing certificate.

In fact, there is nothing difficult or special. From now on, it is clear how to obtain a license for a weapon or for some kind of activity. It is recommended that more accurate information on each type of work be clarified with the relevant authorities.