Legislation regulating the educational services sector in Russia, in last years has changed quite significantly. On the one hand, now training can be carried out not only by state institutions, but also commercial organizations on the other hand, compulsory licensing of any such activity was introduced. That is why the question of whether an educational license is needed in this or that case has acquired particular relevance.

If you need a turnkey educational license without unnecessary bureaucracy, then order its registration from professionals.

Legislation determining the need for an educational license

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

  • Law "On Education in the Russian Federation" No. 273-FZ, issued on December 29, 2012
  • Law "On licensing ..." No. 99-FZ, signed on 05/04/2011
  • Resolution of the Government of the Russian Federation No. 966, dated October 28, 2013

The first two of these Federal Laws contain the main provisions governing the provision of educational services. Especially a lot of innovations are contained in the recently adopted Law on Education. It is it that contains an affirmative answer to the current and burning question of whether an educational license is needed.

Developed and signed a little later, Resolution No. 966 contains a specific list of services when an educational license is needed, as well as a description of cases when it is not required to obtain it.

Types of educational services that require a license

The above legislative acts provide for the compulsory obtaining of a license for educational activities, if the organization or individual entrepreneur provides services for preschool, general, professional, additional vocational education or vocational training... For a more accurate understanding of the specific types of educational activities that are subject to licensing, each of them should be considered separately.

Preschool and secondary general education

The type of educational activity that absolutely every person faces. After amendments to federal legislation, such services can be provided by both non-profit and commercial organizations. Moreover, they are required to obtain a license.

Professional education

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

  • secondary vocational;
  • higher with a bachelor's degree;
  • higher with the assignment of a master's or specialist's degree;
  • higher with training of specialists of the highest category (postgraduate study, internship, residency).

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

Additional professional education

This type of educational services can only be provided non-profit organizations... There are two main types educational programs, the purpose of which is:

  • training;
  • professional retraining.

Professional education

Educational services for vocational training can also be provided by any organization, both for-profit and non-profit. In this case, there are three types of programs:

  • training of workers by profession, employees by positions;
  • retraining of workers and employees;
  • advanced training of workers and employees.

The types of services listed above contain an almost complete list of situations when a license for educational activities is needed.

Cases when an educational license is not required

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

Prior to the enactment of Decree No. 966, obtaining a license was not required in cases where, as a result of studies, attestation was not carried out, and a final document on the received education was not issued. Examples of such situations are trainings, seminars or lectures. Last changes led to the fact that this activity can be carried out without a license, but this is due to the fact that it is not educational. According to the new classification, such services are classified as cultural or leisure.

Translated from Latin, the word "license" means "permission". In a broad sense, this term means documented and having legal force permission to engage in any activity. The main activity requiring a license is entrepreneurship.

A complete list of business areas requiring a license is given in the Federal Law "On Licensing", adopted in 2011. On the this moment it includes 50 items. In addition, an official permit is required to hunt certain species of animals or fish. In patent law, licensing means obtaining permission from the copyright holder to use the invention. Let's try to analyze all these aspects in more detail.

Business license

The law lists 50 types of activities that require licensing. This law spells out the main and general rules, in more detail the issuance of a permit for a particular type of activity is stipulated in additional acts having the force of law. According to the rating, the most popular licensed types of business are placed as follows:

  • passenger commercial transportation. A permit is required if the vehicle is designed to carry 9 or more people;
  • installation and maintenance of fire alarm and fire extinguishing systems;
  • production and sale of medicinal products;
  • medical services;
  • activities in the field of education.

For the first four of the listed activities, both an organization and an individual (in the form of an individual entrepreneur) can issue a permit. Only a legal entity (organization) has the right to conduct educational activities. There are certain types of businesses that are regulated by special legislative acts. These include, for example, the production and sale of alcoholic beverages, drinking alcohol and products containing it.

Requirements for applicants

To obtain permission to engage in one of the licensed types of activity, you must meet a number of requirements. The by-laws define these requirements for applicants. For example, to obtain permission to provide services for health care population, it is necessary:

  • have at their disposal the appropriate premises. It can be owned or rented;
  • have all the necessary set of tools, medical equipment and equipment necessary for high-quality provision of services;
  • managers and employees must have higher specialized education and work experience of at least 5 years;
  • have labor contracts with employees and control the quality and safety of the services provided.

The general documents required for filing with the licensing authority are an application, photocopies of constituent documents, documents confirming the availability of all the necessary equipment for the implementation of this type of activity. You can submit a package of documents both in person and by sending it by registered mail or using official representative(lawyer, courier). Recently, it is possible to send documents by e-mail with authentication electronic signature however, this form is not yet very common.

Within three days, the relevant authority decides whether it will consider this application or not. The reason for the refusal must be stated in writing. The established terms for consideration of the appeal are 45 days. In case of a negative answer or delaying the time of consideration, the applicant has the right to go to court.

Validity

In most cases, a business permit is issued indefinitely, that is, it does not indicate the term for its termination. An exception is when temporary permits specified in a special provision are obtained. The termination of the license can also occur automatically in connection with the restructuring of the enterprise. An individual or legal entity has the right to start activities the very next day after receiving a license.

Who issues in 2018-2019

The bodies authorized to issue such licenses depend on the type of activity of the entrepreneur. A complete list of them with distribution by "areas of responsibility" is given in the decree of the Government of Russia No. 957. For example, the Ministry of emergencies authorized to issue permits for work related to the installation or maintenance of fire protection systems. The Ministry of the Interior issues permits for private security activities. Roszdravnadzor - for those wishing to do business in the field of pharmaceuticals.

However, there is one inconvenient caveat. The fact is that regional authorities are authorized to issue licenses for some types of business. As a result, such a permit will not be valid on the territory of another subject of the federation. A way out of this situation is to contact the local licensing authority with a request to officially notify their colleagues from another region of the validity of the issued permit. After obtaining a license, an entrepreneur does not need to rest on his laurels, relying on the fact that it is unlimited. An organization that has received approval from a licensing authority is constantly monitored.

So the entrepreneur must be ready for constant inspections of the relevant supervisory authorities - both planned and unscheduled. If the license is revoked, it is prohibited by law to engage in further commercial activities in this area. In this case, the businessman faces administrative responsibility. And if his activities have led to harm to the health of the client, while he does not have a permit to engage in business, then the case already falls under the criminal article.

License agreement

Licenses can be issued not only government agencies but even by private individuals. This provision applies in Patent Law. This treaty, in essence, is an instrument for the protection of intellectual property. According to the license agreement, the copyright holder undertakes to transfer to the other party (licensee) the right to use his intellectual property... Such an agreement prescribes all the nuances - the time of validity, the right to transfer the use to third parties, etc. Therefore, such an agreement can be applied to copyright, patent or other similar rights... In the event of non-compliance with the contract, civil or criminal liability arises, depending on the severity of the damage caused.

In this case, the form of concluding such an agreement is of two types - documentary and "wrapping". The first type is to comply with all the rules stipulated by law. Violations in its execution may be the reason for the recognition of the license agreement as invalid. Another form of its conclusion, bearing the strange name "wrapping", is the text of the treaty placed on the package or wrapper.

By purchasing this item, the buyer automatically joins the contract. This applies, as a rule, to all kinds of operating programs for computers, computer games and other high technology products. And the terms of the contract include mainly a ban on the distribution of this product to other potential users.

Hunting or fishing license

A similar license is issued by the departments of hunting or fisheries... They are of three types:

  • long-term. Only a legal entity (organization) receives it;
  • administrative. Also only applies to organizations;
  • nominal. This type of hunting license can be issued both to an organization and to an individual with an indication of his passport data.

A certain type of activity under which it is planned to sell a certain range of goods or services may require a special document - licenses.

Its presence implies the full agreement of the enterprise with the standards and norms developed by the Russian state.

Purpose and concept of licensing

First of all, you need to realize that the license was introduced in order to protection... This means that the goods / services in need of this document can cause harm on different scales.

If the license did not exist, everyone could freely carry out anything (for example, the sale of alcohol), the consequences of which could be dire.

Now you can voice the concepts themselves:

  1. License - a document that allows you to engage in the activities specified in it during this period, subject to the exclusive observance of all conditions.
  2. a way of the state to fix control over any entrepreneur. This is a separate procedure in which an individual or legal entity is assigned the right to conduct these activities, subject to mandatory compliance with all regulations and standards.

When is a license needed?

WITH complete list activities requiring a special document (51 items in total) can be found in article 12 of the Federal Law... A short, most common list will be listed below.

Licensing is subject to:

Each type of activity requires a separate license. The document as a whole applies only to the territory of the Russian Federation.

The license is valid for an unlimited time. A change is only necessary if there has been a change in the details of a private person or company.

You can apply for a license in two situations:

  1. After state registration.
  2. Immediately before starting an activity requiring a license.

Note!

More or less opportunities you have depends on the chosen form of government ( SP or Organization).

For example, distribution and production of alcoholic beverages is possible only for legal entities.

Obtaining process

The easiest way is to use the services of a third-party company, which will collect all the necessary list of documents within a certain period of time, thereby saving you from possible difficulties.

Second way- to do everything ourselves, which we will help to do.

Preparation of documents

The whole process goes in stages:

  1. It is necessary to write a statement and indicate in it: the full name of the company (if available, in addition abbreviated; if available, in addition to the company name); organizational and legal form of legal entity person, including the address of the current location, the address of the place where the licensed firm is planned to operate. State number confirming the creation of a legal entity persons, data indicating the availability of information about the legal entity. face in state register, where the address of the body that conducted the state. registration. Telephone number legal entity person, and, if any, email address.
  2. Full name of the individual entrepreneur, address of the current place of residence, address of the planned place of business that requires a license. Passport series and number; state number confirming the existence of a record of registration of an individual entrepreneur. The data of the document proving the availability of information about the individual entrepreneur in the state register, also indicate the address of the location of the body that conducted the state. registration. IP phone and email address (if any).
  3. Tax number. Document data confirming the fact of the applicant's registration.
  4. The type of activity planned to be carried out by the applicant. List all works and services.
  5. Any proof of payment of the specified state fee.
  6. Data of documents certifying the applicant's compliance with the license requirements.

Additionally, you should attach:

  • copies of legal entity's documents certified by a notary.
  • copy of clause 6;
  • an inventory of the attached documents.

How can you provide documents:

  • From hand to hand;
  • by mail using the "Valuable Letter" service;
  • a representative through a power of attorney.

If mistakes were made in the design, the authority sends a notification telling about the found violations or the absence of any data. To fix all problems is given 30 days.

Decision-making

The licensing authority has a period of month and a half to make a decision to issue a license, or to refuse it.

The reasons for the second outcome of events may be:

  • presence of false / distorted data provided;
  • finding the applicant inappropriate licensing requirements during verification.

Responsibility for violations

The minimum punishment is administrative responsibility, a fine. What can be the reason for obtaining it - activities without a compulsory license.

Per lack of license with related activities:

  • legal entity individuals - a fine of 400-500 minimum wages (+ confiscation of goods that fit the law);
  • officials - a fine of 40-50 minutes. the amount of labor payment (+ confiscation of goods that fit the law);
  • citizens - a fine of 20-25 minutes. the amount of labor payment (+ confiscation of goods that fit the law).

In case of non-compliance licensing conditions will be imposed administrative penalty at the rate of:

  • legal entity persons - 300-400 min. the amount of labor remuneration;
  • officials - 30-40 minutes. the amount of labor remuneration;
  • citizens - 15-20 minutes. the amount of labor payment.

You can also be attracted to criminal liability, if:

In the event of an especially large income by a group created that does not have a trade license or does not comply with its conditions, penalties will be as follows:

  • The fine is 100-500 thousand rubles. or the salary of a member of the group for 1 to 3 years or a prison term of up to 5 years + a fine of 80 thousand rubles. or the convicted person's income for a period of up to six months.

Checks

The entrepreneur, from the moment of receiving the document, must be ready for regular and unscheduled checks by the state. As a standard, they happen every three years, but there have been more frequent cases. Be prepared for an unscheduled arrival if:

  • The corresponding order was issued by the licensing authority in accordance with the requirement of the President or the Government of the Russian Federation.
  • The license was once suspended and reopened.
  • Complaints have been filed against you with the licensing authority regarding violations of license requirements
  • Violations of the license were revealed, and the period established for their elimination has expired.

Reasons for freezing and cancellation

In case of violation license requirements, your document may be frozen for a certain period. The punishment is in effect one day after the court has passed this verdict. The term is given once, its further extension is impossible.

What will happen if the reason that led to the administrative violation is not eliminated? Full annulment by court order.

A license is a serious matter. To get it, you need to meet all the requirements and comply with all the conditions described in detail in it.

Do not break the rules, do everything honestly - no one will ever freeze or cancel it!

In addition to the article, we suggest you watch an interesting video.

Commercial activity is carried out in strict accordance with the law. Many kinds entrepreneurial activity require special documentary registration of various types of permits confirming the competence and legality of the business. Such a document are licenses that are issued to commercial structures for working in specially controlled types of entrepreneurial activity.

What types of individual entrepreneurs require a license

They are drawn up in strict accordance with the requirements government agencies responsible for issuing licenses. When the type of activity that the entrepreneur is engaged in is included in the list for which a license is needed, he must obtain it. Consequently, an individual entrepreneur must also undergo licensing if necessary. For this, a list of requirements is established, subject to which the fulfillment of legal, medical and other norms will be ensured. This will make the activities of the IP complying with the quality and safety standards determined by the legislative framework.

Constant improvement of legislation has significantly reduced the number of activities that need to be licensed. Until 2002, there was a practically uncontrolled process of the emergence of special permits and licenses, covering several dozen types of activities. But subsequently, their number decreased significantly every year. This had a beneficial effect on the development of small businesses.

At the same time, some areas of activity are undergoing significant changes due to new requirements introduced by regulatory authorities. So, for example, until 2008, individual entrepreneurs had the right to engage in veterinary activities, but after some drugs were recognized narcotic substances, compulsory licensing was introduced, under which only LLCs could obtain a license. This led to the withdrawal from veterinary medicine a large number Individual entrepreneurs or they had to re-register in other legal forms.

Therefore, when asking the question whether a license is needed for an individual entrepreneur, you need to take into account the occupation and scope commercial activities carried out by an entrepreneur. Currently, according to the current legislation, there are restrictions for individual entrepreneurs in obtaining licenses. For example, they cannot do:

Find out how to get a license for taxi services without applying for an individual entrepreneur:

  • the sale of alcoholic beverages and their production;
  • designing equipment for the armed forces;
  • engage in production military equipment;
  • sale, purchase and production of poisons and narcotic drugs, as well as some types of medicines.

It should be clear for an entrepreneur what he will be doing when conducting commercial activities from the moment of the decision to register an individual entrepreneur. Therefore, it is important to choose the right types of activity and clearly understand whether it falls under licensing or not. It is sometimes difficult for yourself to understand the twists and turns of legislation and various departmental decrees, so it is advisable to contact numerous organizations involved in the preparation of documents for obtaining a license. This, of course, will significantly increase your cash costs. But they will more than pay off due to the absence of problems from the outside. law enforcement... After all, for violation of the rules of implementation licensed types activity can come not only administrative responsibility, but also criminal.

What are the requirements for obtaining a license

For each type of activity falling under compulsory licensing, individual rules for granting licenses have been adopted. To obtain it, it is necessary to fulfill the requirements for organizing a business, preparing documents, as well as for the designer himself or the head of the business.

Find out how to get a license to trade in alcohol:

For example, if an entrepreneur decides to engage in the provision of dental services or opens a pharmacy, the requirements will not be limited to checking compliance with the rules for the equipment of the premises, technical equipment, and organization of work. It will be necessary to provide information on the availability of appropriate education and the necessary qualifications of employees hired to work. In this case, it is good if the entrepreneur himself has a medical education. For the licensing commission, this will be considered an undeniable plus. Of course, the presence of a specialized education for an entrepreneur is not a mandatory requirement, but his own positive role it will play.

Choosing a field of activity where IP licensing will be necessary condition for doing business, you need to prepare everything in advance Required documents and fulfill the requirements for the premises in accordance with the established rules. As noted earlier, many experts can help. But it should be borne in mind that any activity related to obtaining a license is under the close scrutiny of regulatory authorities. Therefore, to the implementation internal control you need to approach with all responsibility in order to avoid violations and, as a result, economic losses due to fines.

All activities can be divided into three types: requiring a license, requiring special permission and ordinary, not requiring approval.

By issuing or not issuing a license, the state apparatus regulates entrepreneurship in Russia. Licensing- it official recognition a company or individual entrepreneur is competent enough to conduct a particular type of activity that meets the declared quality standards.

The rules and grounds for issuing licenses are in paragraph 1 of Article 2 of Federal Law No. 99-FZ "On Licensing certain types activities "from 2011.

The license itself is a document that makes it possible to conduct a certain type of activity by a company or an individual. Gives it out licensing authority.

Current regulations for 2018

Principles of Licensing Law:

  • the existence of a finite list of licensing requirements for types of employment;
  • the establishment of the issuance of licenses for certain types of activities by federal laws and their guarantee of the same order;
  • guaranteeing the unity of the economic space on the territory of Russia;
  • transparency and availability of licensing data, with the exception of activities prohibited in the Russian Federation;
  • a complete ban on the collection of monetary fees from license applicants and all kinds of bribes;
  • observance in the course of activity of all applicable laws of the Russian Federation.

Opportunities to obtain a license are determined by local federal laws in Russia. Each direction in business has its own law.

The list of types of employment for which a license can be obtained is strictly defined Federal law No. 99-FZ, paragraph 1 of Article 12. If there is no type of activity in the law, then a license is not required for it.

List of directions

The types of entrepreneurship can be broken down into groups:

  • research in the development of encryption machines, information systems, their production, development and production of telecommunication systems, maintenance of telecommunication facilities;
  • search for electronic spyware;
  • work on means of protecting information from third parties;
  • development of electronic spyware;
  • production of calligraphy protected from counterfeiting;
  • work on the development of aircraft, its production and test experiments;
  • all work related to the production, experiments, installations, installation of military equipment, its repair, maintenance, disposal upon failure;
  • arms trade, design and manufacture;
  • ammunition trade, storage, design and production;
  • work with objects dangerous for explosions and fires;
  • work with chemically hazardous objects;
  • work involving the storage and disposal of chemical weapons;
  • production of pharmaceuticals;
  • maintenance of equipment related to medical support;
  • work of the fire department;
  • work on installation, repair and maintenance of fire fighting equipment;
  • activities related to the cultivation of narcotic plants;
  • work with the use of infectious agents and genetic modification of the third and fourth degree of possible danger;
  • transportation of people by water;
  • transportation of dangerous goods by water;
  • transportation of citizens by air;
  • airfreight;
  • transportation of people by road transport more than 8 passengers at a time;
  • transportation of people by rail;
  • transportation of dangerous goods by rail;
  • work related to the unloading and loading of dangerous goods in ports and stations;
  • work related to the towing of sea transport;
  • activities related to gambling;
  • assembly, disassembly, transportation, processing and disposal of waste of the fourth degree of hazard;
  • activities of private security guards and detectives;
  • provision of communication services;
  • broadcasting of television and radio programs;
  • collection, storage, remelting and sale of ferrous and non-ferrous metal scrap;
  • assistance of Russian citizens outside the Russian Federation;
  • production of programs for electronic machines, audiovisual works, phonograms of information bases;
  • work related to the use of ionizing radiation, with the exception of employment in medicine;
  • the sphere of education;
  • work of cartographers;
  • creation of mine surveying works;
  • research and work related to the impact of geophysical processes;
  • work related to hydrometeorology;
  • healthcare sector;
  • pharmaceuticals;
  • works related to the preservation of monuments of the peoples of the Russian Federation;
  • work related to the circulation and handling of explosives;
  • industrial safety expertise;
  • entrepreneurship associated with multi-apartment residential buildings.

A complete list of species is presented in article 12 of the Federal Law No. 99.

Without fail

In order to obtain a license for your type of activity, you must submit relevant documents to the licensing authority. For each type of occupation, the list of documents should be individually specified, as well as the list of requirements - each type of activity has its own nuances.

The medicine

Medical institutions are licensed the following bodies: Federal Inspectorate for the Control of the Sphere of Health in respect of medical or similar organizations, as well as authorized executive bodies of Russian facilities.

In order for the company to be issued a work permit related to the health care of citizens, the company or the activity of the individual entrepreneur must be suitable for the following parameters:

  • availability of suitable buildings, structures or premises for the normal functioning of a medical institution;
  • availability of medical devices, instruments and apparatus of proper quality;
  • Availability the required list positions in the organization;
  • the head of the organization has medical education, in the case of the activity of an individual entrepreneur - medical education from an individual entrepreneur;
  • availability of employees hired by labor contracts having the education necessary for specialties;
  • availability of workers with specialized education hired for Maintenance enterprises;
  • availability of control and quality control of work;
  • the presence of an intention to perform tasks of organ and tissue transplantation, blood transfusion, an intention to carry out medical and social expertise.
  • compliance with the procedure for the provision of medical care and paid services;
  • compliance with the registration of medicinal products;
  • control over professional development of personnel.

In case of violation of the license agreement, the organization faces liability under the laws of Russia.

The issuance of licenses for the type of activity of hazardous production facilities is necessary for the main part of ensuring the safety of citizens and protection environment from potential accidents at facilities and in production.

For so that an activity permit is issued, it is necessary to conclude an industrial safety examination, an insurance contract for liability for damage while operating at a hazardous manufacturing enterprise and draw up a declaration of industrial safety.

Comparison with OKVED

Collection of codes that are assigned certain companies... The decisive factor in issuing the code is organization's activities, and the form of ownership or sources of investment are the least important. But the types of work do not always correspond to the codes presented, but they should still be entered in the application of individual entrepreneurs and organizations.

For every occupation separate license required operating throughout Russia. The document does not have an expiration date, and you only need to change the permit when you change the main details of the enterprise or individual entrepreneur.

Licensing documents must be submitted immediately after the registration of the organization requiring a license with a government agency.

The licensing requirements for an enterprise are different and entirely depend on the specific type of activity. In some cases, specific restrictions... For example, an individual entrepreneur cannot get permission from the authorities to sell or produce alcohol - this is the privilege of legal entities.

The licensing authority is determined by the type of activity required and is described in Government Decree No. 957 of November 21, 2011. The necessary documents should be sent to the regional offices. Later three working days the body examines the case and issues its verdict on the issuance or non-issuance of a license, substantiating the reasons for the refusal.

Exactly 30 days are given to correct possible identified errors (non-compliance with the requirements or not the entire list of documents). And within 45 days, a complete check of the accuracy of the data takes place and a resolution is issued on the issuance of a license. The decision made is drawn up within 3 working days and transferred to the organization.

To obtain a permit for a type of activity in the licensing authority, you need following documents:

  • a statement strictly in the form of the required type of activity;
  • copies of the constituent documents of the enterprise certified by a notary;
  • all the necessary papers required for licensing this type of activity;
  • an inventory of the attached document.

Documents can be transferred when visiting in person, sent by postal service in a valuable letter, sent by a representative along with a power of attorney, or sent to in electronic format... The latter is the least commonly used option.

How is the licensing of business management activities apartment buildings? Details are in this video.