Licensing authorities and the general procedure for this procedure


The state will provide, rather than issue, licenses

From 01/01/2021, licenses will be granted rather than issued to applicants. The legislator changed the “issuance” of a license to its “granting”. This seems to be an insignificant change. However, this novel changes the licensing procedure. “Issuing” implies the transfer of a form on a material or electronic medium, and “providing” gives the right or opportunity to engage in certain work (Ozhegov S.I., Shvedova N.Yu. “Explanatory Dictionary of the Russian Language” M., Publishing House “AZ”, 1995).

Therefore, paper licenses will become a thing of the past. Licensing institutions will no longer issue forms. In addition, the state canceled the sending of licenses in electronic form at the request of the applicant (Article 9 of Law No. 478-FZ). Accordingly, standard forms of licenses are cancelled.

What documents are required to obtain a license?

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An entry in the register is the only confirmation of the right to engage in a licensed activity

Permission to conduct licensed activities will be confirmed only by entries in the registers. However, the law provided for obtaining an extract (Article 9 of Law No. 478-FZ). The licensing authority will provide the applicant with an extract on a regular sheet of A4 paper or in electronic form. Moreover, an extract on paper is issued for money, but in electronic form (signed by UKEP) - free of charge.

The procedure for creating and maintaining the register is developed and approved by the Government of the Russian Federation. The date of entry into the register will be considered the day the license is granted.

Changes in the rules for filling out and submitting an application

Starting next year, individual entrepreneurs and firms will be able to apply for a license not only to the licensing authority, but also through the MFC (Article 9 of Law No. 478-FZ). However, the application to the licensing authority will be submitted exclusively electronically. In other words, it cannot be sent by mail or provided in person on paper. The applicant will be identified using a unified identification and authentication system. This is an absolutely definite norm that does not allow the submission of documents on paper.

As for submitting documents through the MFC, this is now covered by Part 6 of Art. 13 of Law No. 99-FZ as amended. True, the legislator formulated this norm vaguely and even “clumsily”. It sounds something like this: the applicant has the right to submit an application to the licensing authority or to the MFC on paper, or send a package by mail with a notification if the multifunctional center of a constituent entity of the Russian Federation provides a similar service. The reference to the licensing agency using the conjunction “OR” made the norm more difficult to understand. Most likely, the developers of the law wanted to say that a company (IP) has the right to submit an application not only to the licensing authority, but also to the MFC, if a multifunctional center provides a similar service. In this case, the application to the multifunctional center is submitted on paper. As a result, part 6. Art. 13 of Law No. 99-FZ turned out to be ambiguous and will require additional clarification from the licensing authorities.

It is worth noting that now in the application it will not be necessary to indicate the address of the authorized Inspectorate of the Federal Tax Service that registered the legal entity (individual entrepreneur), and the details of the payment order for payment of the state duty.

Within 3 days after the entry appears in the register, the licensing ministry (department) will send a notification of the issuance of a license to the company (entrepreneur) in the form chosen by the latter - by e-mail or by post on paper. In addition, if an interested person requests an extract from the register, the licensing government agency will send not only a notification, but also an extract in electronic or (depending on the recipient’s wishes) in paper form.

The renewal of licenses will take place in a similar manner. The subject will submit an application electronically to the licensing authority or on paper through the MFC. In this case, the applicant will have the right to consultation with the licensing authority. To do this, the company (IP) must ask in an application to send it electronically information on issues of re-issuing a license (Article 18 of Law No. 99-FZ on licensed types of activities and Article 9 of Law No. 478-FZ).

Why can a license be taken away?

If licensing requirements are violated, the licensing authority issues an order to eliminate the violations. If the instructions are not fulfilled within the prescribed period, the license may be suspended.

The license is suspended by court decision. He also determines for how long the license will be suspended. The law does not provide for an extension of this period; after its expiration, the license is restored.

However, if the violations are not eliminated, the licensing authority will again go to court - this time with a motion to revoke the license.

Here's what your license can be terminated for:

  • At the request of the licensee - that is, “at his own request”;
  • In connection with the liquidation of a legal entity or termination of the activities of an individual entrepreneur;
  • By the tribunal's decision.

There are no other reasons to withdraw the license.

conclusions

The state is gradually getting rid of archaic document flow. Licenses on forms are a thing of the past, as are certificates from the Federal Tax Service or Rosreestr. Applicants will receive standard registry extracts. This is an irreversible process.

Another issue is that it will take time to create a registry model. The government will have time to adopt resolutions. But ministries and departments (Rostechnadzor, Ministries of Education and Culture, Roszdravnadzor, etc.) must also change the Licensing Regulations, work out the procedure for providing services in electronic form and mechanisms for interaction with the MFC. In addition, state, municipal, commercial organizations and banks are required to eliminate the requirement to present paper licenses from local regulations. For example, when conducting purchases, inspections, opening current accounts, and so on. Entrepreneurs are afraid of illegal demands, delays and overlays, as was the case after the abolition of paper certificates from the Federal Tax Service. And given the negative experience, these fears have a real basis.

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