Licence of types of activities in Russia

On August 8, 2001, the Federal law “on licensing of certain types of activities” No. 128-FZ (hereinafter: the law on licensing) was adopted. The text of the Federal law is officially published in” the Russian newspaper ” of August 10, 2001 N 153.

According to the law on licensing, the introduction of licensing of other activities in addition to those listed in this Law is possible only by making additions to the list of licensed activities provided for by this Law.

This Law does not apply to the activities of credit organizations activities in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products; activities in the field of telecommunications; stock exchange activity; activity in the field of customs Affairs; notarial activities; insurance activities; use of orbital frequency resources and radio frequencies for the implementation of television and radio broadcasting (including broadcasting additional information); works and services in the field of nuclear energy; educational activities.

The law on licensing refers to the licensing bodies of the Federal Executive authorities and Executive authorities of the Russian Federation.

The law has increased the minimum period of validity of the license, which is now five years.

To obtain a license, the applicant shall submit the following documents to the appropriate licensing authority:

– application for license;
– copies of constituent documents and a copy of the certificate of state registration of the license applicant as a legal entity (with the presentation of the originals if the copies are not certified by a notary) – for a legal entity;
– a copy of the certificate of state registration of a citizen as an individual entrepreneur (with the presentation of the original if the copy is not certified by a notary) – for an individual entrepreneur;
– a copy of the certificate of registration of the license applicant in the tax authority (with the presentation of the original if the copy is not certified by a notary);
– a document confirming the payment of the license fee for consideration by the licensing authority of the application for a license;
– information about the qualification of employees of the license applicant.

In addition to these documents, the regulations on licensing of specific types of activities may provide for the submission of other documents, the availability of which in the implementation of a particular activity is established by the relevant Federal laws, as well as other regulatory legal acts, the adoption of which is provided by the relevant Federal laws.

The term of the decision of the licensing authority on the issuance of a license is 60 days from the date of submission of documents. The license is issued within three days after the applicant pays the registration fee for the license.

The law on licensing establishes the final list of grounds for refusal to grant a license. Such grounds are:

– the presence in the documents submitted by the license applicant, false or distorted information;
– inconsistency of the license applicant, belonging to him or his objects used by the license requirements and conditions.

The refusal of the licensing authority to issue a license can be appealed in court.

from Andrey Nikishenko, 2018