On licensing of certain types of economic activities. Licensing of certain types of business activities Law on licensing of certain types of economic activities

Activities

On May 4, 2011, a new Federal law No. 99-FZ “On licensing individual species activities." This law continued the trend of unification of licensing legislation and regulation at the level of federal legislation of types of activities subject to licensing, as well as the need to clearly define the circle of participants in the licensing process and detail the powers of licensing authorities.

In accordance with Art. 3 Laws under licensing refers to the activities of licensing authorities related to the provision of licenses, re-issuance of documents confirming the availability of licenses, suspension and renewal of licenses, cancellation of licenses and control of licensing authorities over compliance by licensees when carrying out licensed types of activities with the relevant licensing requirements and conditions.

The effect of the new Law primarily consists in establishing a single comprehensive list of types of activities, the implementation of which requires obtaining an appropriate license, and determining the licensing procedure.

At the same time, the new Law defines a closed list of types of activities, the licensing of which is regulated by the norms of special legislative acts (Article 1 of the Law). These include, in particular, the following types of activities: credit, exchange, insurance, professional market participants securities, educational, circulation of ethyl alcohol and others.

Let us consider the most significant changes in the scope of licensing and the licensing procedure introduced by the new Law.

First of all, it should be noted that there has been a significant reduction in the types of activities subject to licensing. Thus, the following are not currently subject to licensing:

– real estate, appraisal activities;

– activities of pawnshops;

– publishing activities;

– production of precious metals;

– organizing and conducting lotteries and some other activities.

Licensing is regulated only by the Government of the Russian Federation in accordance with the main directions of internal policy determined by the President of the Russian Federation and only in those areas established by Art. 12 of the Law.

According to Art. 3 of the Law, as a separate principle of licensing, establishes the establishment of licensing requirements and conditions by provisions on licensing specific types of activities.

The characteristics of the composition of works and services regarding a particular type of activity should be determined on the basis of the new Law and the relevant provisions adopted by the Government of the Russian Federation on licensing of certain types of activities.

According to Art. 9 of the Law, licenses are issued for an indefinite period.

Activities for which a license is granted federal body executive power or executive body of the subject Russian Federation, can be carried out throughout the Russian Federation.

Currently, a uniform standard has been established for all types of activities (except for those regulated separate laws) the license fee is 2,600 rubles.

The decision to grant or refuse to grant a license is made by the licensing authority within 45 days from the date of receipt of the relevant application with all necessary documents, whereas previously this period was 60 days.

Certain changes have also been introduced in the procedure for state control over licensee compliance with licensing legislation. Monitoring the licensee’s compliance with licensing requirements and conditions defined by the licensing regulations specific type activities, is carried out by licensing authorities within their competence (see for more details Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”).

Licensing authorities have the right to conduct inspections of the licensee’s activities to determine their compliance with licensing requirements and conditions, request the necessary explanations and documents from the licensee, draw up reports indicating specific violations based on the results of inspections, issue orders obliging the licensee to eliminate identified violations, and set deadlines for elimination such violations, as well as issue warnings to licensees.

For each type of activity for which mandatory licensing is established, a separate license is granted. This license is purely individual and is valid only for the person who received it. legal entity or individual entrepreneur.

A license is granted when the license applicant submits an application to the relevant licensing authority. The list of documents submitted along with the application for obtaining a license, in general view remained unchanged.

If the licensing authority refuses to grant a license, the applicant is sent a notice of refusal to grant a license indicating the reasons for the refusal.

The grounds for refusal to grant a license are the presence in the documents submitted by the license applicant of inaccurate or distorted information, or the non-compliance of the license applicant, the objects owned or used by him with the licensing requirements and conditions, or the license of this applicant has previously been revoked.

The procedure for licensing authorities to carry out procedures for suspending licenses, renewing them and canceling licenses is regulated by Art. 20 of the Law.

Thus, if the licensing authorities identify repeated violations or gross violations by the licensee of licensing requirements and conditions, the license may be suspended until the violation is eliminated. Within the specified period, the licensee is obliged to eliminate the identified violations and notify the licensing authority in writing about the elimination of violations that resulted in the suspension of the license.

If the licensee eliminates the identified violations and this is confirmed as a result of an inspection carried out by the licensing authority, the license is renewed. License renewal is free of charge.

In case in deadline the licensee has not eliminated these violations, the licensing authority is obliged to apply to the court to cancel the license.

The corresponding decisions to suspend a license, to cancel a license or to send an application for cancellation of a license to the court are communicated to the licensee in writing with a reasoned justification for such a decision no later than three days after its adoption. These decisions may be appealed by the licensee in accordance with the established procedure.

National Technical University

"Kharkiv Polytechnic Institute"

"Licensing entrepreneurial activity»

Completed

student gr. KIT – 42a

Slesarenko Vladislava

Ferrets 2005

Licensing of certain types of business

activities 3

License revocation 4

Supervision, control and responsibility in the field of licensing 6

Patenting 7

Licensing of certain types of business activities

In several cases provided for by law, the fact itself

state registration insufficient for the occupation of certain species

activities, a license is also required.

List of about 60 activities that cannot be carried out

without a license are defined in the Law “On Licensing of Certain

species economic activity» dated 06/01/2000, which is

the main legal act governing licensing.

In this area, the main concepts are “license” and

“licensing”, which are defined in the law.

License is a state-issued document certifying

the right of the licensee to conduct the type of economic activity specified therein

activities for a certain period of time, subject to fulfillment

license conditions.

Licensing – issuance, renewal and cancellation

licenses, issuing duplicate licenses, conducting licensing affairs and

license registers, control over compliance by licensees

licensing conditions, issuing orders to eliminate violations

licensing conditions, as well as orders to eliminate violations

Subjects of relations arising in connection with licensing,

is, on the one hand, a business entity, and on the other hand,

licensing authority.

A business entity that intends to carry out a certain

type of licensed economic activity, personally or through

the body or person authorized by him applies to the relevant body

licensing with a standard application for the issuance of a license.

The licensing authority makes a decision to issue a license or

refusal to issue it no later than ten working days from the date

receipt of an application for a license and documents attached to

application, if a special law regulating relations in

certain areas of economic activity, no other

the period for issuing a license for certain types of activities.

The grounds for making a decision to refuse to issue a license are:

Inaccuracy of data in documents submitted by the applicant for

obtaining a license;

Inconsistency of the applicant according to the submitted licensing documents

conditions established for the type of economic activity,

specified in the application for a license.

Validity period of a license to carry out a certain type of activity

economic activity is established by the Cabinet of Ministers of Ukraine

on the recommendation of a specially authorized body on issues

licensing, but cannot be less than three years.

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For every branch, every separate division licensee

who will carry out economic activities on the basis

license received by him, the licensing authority issues to the licensee

copies of the license certified by him, which are recorded in the accounting journal

applications and issued licenses. A copy certified by the licensing authority

license is a document confirming the right of a branch or other

structural unit of the licensee to carry out a certain

type of economic activity.

There is a fee for issuing a license, the amount and procedure for enrollment

which in State budget Ukraine are established by the Cabinet

Ministers of Ukraine. The license fee is a one-time payment,

contributed by a business entity for obtaining a license.

The fee for issuing a license is paid after the decision to issue is made

licenses.

One of the types of licensing is renewal of a license.

The grounds for re-issuing a license are:

Changing the name of a legal entity (if the change of name

not related to the reorganization of a legal entity) or last name, first name,

middle names individual– business entity

activities;

Change of location of a legal entity or place of residence

an individual – a business entity;

Changes related to the implementation of a licensee of a certain type

economic activities specified in Article 9 of the Law.

In cases where there are grounds for re-issuing a license

the licensee is obliged to submit to the authority within ten working days

licensing application for re-issuance of a license along with the license,

subject to re-registration, and the relevant documents or their

notarized copies confirming these changes.

A license that is not reissued on time is invalid.

The licensee is obliged to notify the licensing authority of all changes

data specified in the documents attached to the application for extradition

licenses. In the event of such changes, the licensee is obliged to

submit to the licensing authority within ten working days

appropriate notification in writing with documents or their

notarized copies confirming these changes.

The basis for issuing a duplicate license is the loss and

license damage.

Along with general rules licensing provided for in the Law,

for some types of activities special

rules that provide for certain features. So,

Resolution of the Cabinet of Ministers of Ukraine dated April 29, 1999 No. 753

the Regulations on the procedure for issuing a license by the National Commission were approved

regulation of the electric power industry for the implementation of certain types

entrepreneurial activity.

Thus, licensing is necessary condition

carrying out certain types of business activities,

provided for by the Law of Ukraine “On licensing of certain types

economic activity", meaning the need to obtain

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licenses installed legislative order.

From the moment of obtaining a license, the right of an entrepreneur arises

carry out the relevant type of activity that he can

implement the license validity period, after which

the right is terminated (in several cases specified

legislation, it is possible to terminate such a right before the expiration

license validity period, for example when a license is revoked).

License revocation

It is defined in the law as the deprivation of a licensee by the licensing authority

the right to carry out business activities.

License revocation is one of the common sanctions

applied by the Licensing Chamber of Ukraine. Application of this sanction

has recently been widespread in relation to trust companies,

investment funds and companies.

Cancellation of a license by decision of the licensing authority

provided for in Article 21 of the Law “On licensing of certain types

economic activity" is one of the most serious

operational security equipment. Unlike Article 4 of the Law

“On licensing of certain types of economic activities”,

which defines three grounds for revocation of a license, Art. 21 Law

“On licensing of certain types of economic activities”

names 10 reasons for its cancellation. This:

· Licensee's application for license revocation;

·An act of repeated violation by the licensee of license terms (repeated

violation - committed by the licensee during the validity period

license for repeated violation of certain license conditions after

application of sanctions for a similar violation);

·Decision to cancel the state registration of the subject

management;

·Notarized copy of the death certificate of an individual

– business entity;

·Act on identifying false information in documents submitted

business entity to obtain a license;

·The act of transferring a license or a copy thereof to another individual or

a legal entity to carry out business activities;

·Act on establishing the fact of failure to submit within the prescribed period

notifications about changes in the data specified in the documents attached to

application for a license;

·Act of non-compliance with the order to eliminate the violation

licensing conditions - decisions of the licensing authority or

special body on licensing issues on the need

elimination by the licensee in a timely manner of violations of license

Failure of the licensee to ensure compliance with licensed

conditions established for a certain type of economic activity

activities;

·Act on the licensee’s refusal to conduct an inspection by the authority

licensing or a specially authorized body on issues

licensing.

The licensing authority makes decisions on the cancellation of a license in

within ten working days from the date of establishing the basis for

revocation of the license, which is handed (sent) to the licensee with

indicating

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grounds for cancellation no later than three from the date of its adoption.

Consideration of issues regarding consideration of revocation of a license for

based on the fact of establishing the fact of failure to submit within the established

notification period for changes in the data specified in the documents,

attached to the application for a license; act of identification

false information in the documents attached to the application for extradition

licenses; act establishing the fact of transfer of a license to another

to a legal entity or individual to conduct business

activities; act of failure to comply with orders to eliminate violations

licensed conditions are carried out by the licensing authority with

mandatory invitation of the licensee or his representatives.

The decision to cancel the license comes into force ten days from

the day of its adoption.

In cases of cancellation of a license on the basis of an act of repeated

violation by the licensee of the license conditions, the act of establishing the fact

failure to provide notification of data changes within the prescribed period,

specified in the documents attached to the application for a license,

act on the establishment of false information in documents,

submitted by a business entity to obtain a license, act

on establishing the fact of transfer of a license to another legal entity or

to an individual for carrying out business activities, an act on

failure to comply with orders to eliminate violations of licensed

conditions may receive a new license for the right to conduct this type

economic activity no earlier than one year from the date of adoption

decisions by the licensing authority to cancel the previous license.

In practice, there may be cases of unlawful use by authorities

licensing sanctions, such as revocation of a license. To protect rights

entrepreneurs who are disadvantaged in such cases, it is necessary

opportunity judicial appeal such actions by competent

organs. In Article 21 of the Law “On Licensing of Certain Types of

economic activity" it is indicated that the decision to cancel

licenses can be appealed against judicial procedure.

Thus, revocation of a license means termination of validity

licenses of a business entity on the grounds provided for

legislation.

Supervision, control and responsibility in the field of licensing

State supervision for compliance by licensing authorities

fulfills legal requirements in the field of licensing

specially authorized body for licensing issues by

It carries out unscheduled inspections of compliance by authorities

licensing legal requirements in the field of licensing

only on the basis of receipt of a written application to him

(messages) about violation of legal requirements in the field of

licensing, or for the purpose of verifying compliance with orders

eliminating violations of requirements by the licensing body

legislation in the field of licensing.

During inspection, the licensing authority specifically provides

authorized body for

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licensing issues, decisions and other documents on issues

licensing and provides conditions for inspection.

Based on the results of the inspection, the specially authorized body for

licensing is an act. If violations are detected by the authority

licensing legislation in the field of licensing specifically

authorized body for licensing issues no later than

ten working days from the date of drawing up the inspection report issues

order to eliminate violations by the licensing body

legislation in the field of licensing.

The licensing authority that received the order to eliminate

violations of legislation in the field of licensing, is obliged to

the deadline established in the order shall be provided specifically

to the authorized body for licensing issues information about

eliminating identified violations.

Monitoring licensees' compliance with license conditions

carried out by licensing authorities and a specially authorized body

on licensing issues within its powers by

carrying out scheduled and unscheduled inspections.

Scheduled inspections of licensee compliance with license conditions

are held no more than once a year.

Unscheduled inspections are carried out by licensing authorities and specially

authorized body for licensing issues only on the basis

receipt by them in writing of a statement of violation by the licensee

license conditions or for the purpose of verifying compliance with orders

eliminating violations of license conditions.

The licensee when checking his compliance with the license conditions

provides all documents necessary for verification and ensures

conditions for its implementation.

The body carrying out the inspection, based on the results of the inspection, draws up

act. Licensing body or specially authorized body for

licensing issues no later than ten working days from the date

issues an act of verification of violations of license conditions

order to eliminate violations of license conditions or authority

Licensing makes a decision to revoke the license.

A licensee who has received an order to eliminate violations

license conditions, is obliged within the period established in the order

provide the authority that issued this order with information about

eliminating violations.

Officials of licensing authorities and specially authorized

licensing authority in cases of non-compliance

legislation in the field of licensing are responsible in accordance with

To business entities for carrying out economic activities

without a license, financial sanctions are applied in the form of fines in amounts

established by law.

These fines are sent to the State Budget of Ukraine.

Decisions on the collection of fines are made by the body, which, in accordance with

The current legislation is entrusted with the functions of monitoring the availability

licenses.

Damage caused by violation of legislation in the field of licensing,

subject to compensation for claims interested parties in order,

certain

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By presidential decree “On the licensed chamber under the Ministry

Economy of Ukraine" dated March 28, 1995. A licensed chamber was created

at the Ministry of Economy of Ukraine, which in January 1996 was

transformed into the central body of executive power -

Licensing Chamber of Ukraine, subordinate to the State Committee

Ukraine on issues of entrepreneurship development. Now it's

Department of Licensing and Registration State Committee

Ukraine on regulatory policy and entrepreneurship. On

he is entrusted with the following tasks:

· Generalization of the practice of applying legislation on issues

licensing of business activities and government

regulation of business entities, development of proposals for its

improvement;

·Methodological guidance of work related to licensing

entrepreneurial activity and state registration

business entities;

· Coordination of the work of bodies that carry out licensing

entrepreneurial activity and registration of entities

entrepreneurship;

·Maintaining the Unified License Register in the Register of Subjects

entrepreneurial activity;

· Monitoring compliance with the procedure for issuing business entities

activities of licenses and state registration of entities

entrepreneurship about the bodies that perform these functions.

Patenting

Some types of business activities require obtaining

trade patent.

Patenting is a condition for the implementation of certain types of

entrepreneurial activities specified in the Law “On Patenting

certain types of entrepreneurial activity”, meaning

the need to obtain a trade patent in the established

legislation order.

A trade patent is a state certificate certifying

the right of a business entity or its

structural (separate) unit to deal with certain

types of activities.

In accordance with Art. 1 of the Law of Ukraine “On patenting some

types of entrepreneurial activities" trading activities for

cash, as well as using other forms of payment and

credit cards on the territory of Ukraine, exchange activities

cash currency values ​​(including transactions with cash payment

funds denominated in foreign currency and with credit

cards), as well as activities related to the provision of services in the field of gambling

business and personal services, requires obtaining a trade patent.

The list of activities subject to patenting includes

exhaustive. Therefore, species identification is not allowed

business activities subject to patenting, order and

subjects of patenting in other legal acts, as well as

decisions of bodies state power and local authorities

self-government. Consequently, not a single legal act or

decisions of a public authority or local government Not

can identify other species

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activities subject to patenting, or establish other

subjects of legal relations regarding patenting, or establish

additional benefits for patenting than provided

directly in the Law.

Subjects of legal relations subject to regulation in accordance with the Law

Ukraine “On patenting certain types of entrepreneurial

activities", are legal entities and subjects

entrepreneurial activities that do not have the status of a legal entity

– residents and non-residents, as well as their separate

divisions (branches, departments, representative offices, etc.) that

are engaged in the above business activities.

Effect of the Law “On Patenting Certain Types of Entrepreneurial Business”

activities" does not apply to trading activities and

activities for the provision of household services:

1. enterprises and organizations of the Ukoopsoyuz, military trade, pharmacies,

state-owned, and commercial production

state-owned labor supply enterprises in villages, towns and

cities of regional subordination;

2. business entities - individuals,

carry out trading activities from trays, counters and pay

market fee (fee) for a place to trade products within the market

all forms of ownership; sell privately grown

subsidiary plot, in the homestead, country, garden and vegetable gardens

areas of crop production, livestock, rabbits, nutria, poultry (kA

in live form and products of their slaughter in raw form and in the form of primary

processing), products of own beekeeping; pay

state fee for notarization of contracts

alienation of one's own property, if the goods of each individual

fixed tax in accordance with legislation on

taxation of personal income;

3. business entities formed

public organizations of disabled people with tax benefits

in accordance with current legislation and carrying out trade

exclusively food products of domestic production

and products manufactured at the enterprises of the Ukrainian society

Without acquiring a trade patent, business entities

activities or their structural (separate) divisions

carry out trading activities exclusively using

certain types of domestically produced goods: bread and

bakery products; wheat and rye flour; salt, sugar, butter

sunflower and corn; milk and dairy products, etc.

The basis for acquiring a trade patent is an application

issued in accordance with the Law of Ukraine. Establishing any

No other conditions for acquiring a patent are permitted.

A trade patent is issued for a fee to business entities

activities by state tax authorities at location

these entities or their location

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structural (separate) divisions, business entities

activities that carry out trading activities or

provide household services (except for the mobile retail network), according to

location of the point of sale of goods or point of provision of household services

services, and to business entities engaged in

trade through a mobile trading network, at the place of registration of these

subjects.

The trade patent contains the following details:

· trade patent number;

·name of the owner of the trade patent;

· type of business activity;

·name of the type of household services or services in the gaming business;

·place of registration of a citizen as a business entity

activities or location of the business entity

activity - legal entity

·For vehicles– designation “outbound trade”;

· the validity period of the trade patent;

location of the state tax authority, who issued

trade patent;

·mark from the state tax authority on receipt of payment for

trade patent issued by him

License is permit document, confirming that a business entity has the capabilities and prerequisites to carry out a specific type of activity. Licensing allows the state to exercise control functions through indirect influence on SPD, based primarily on the establishment legal framework licensing. The licensing system in Ukraine is in the process of formation. This is evidenced by large number problems and contradictions arising around the issue of licensing certain types of economic activities, as well as the controversial and complex process of forming a system of licensing bodies, which takes place with unjustified costs and failures, reflecting the problems and difficulties of the Ukrainian economy today.

Main regulatory documents , which determine the procedure for obtaining a license in Ukraine are:
1) dated 06/01/2000 No. 1775-III;
2) dated July 4, 2001 No. 756.

The procedure for assigning a license is divided into the following: stages:
1. Application by a business entity to the relevant licensing authority;
2. Consideration of the application and decision-making;
3. Issuance of a license in the absence of grounds for refusal to issue it.

In addition, in some cases, there may be a stage of holding a competition for a license, which is associated with the need to ensure effective and efficient use of limited resources, application latest technologies and equipment, creating favorable conditions for the state for the exploitation of such resources, licensing types of economic activities, the implementation of which is associated with the use of limited resources, in the event of receipt of several applications for the issuance of licenses.

The license issuance period is ten working days from the date of receipt of the application for a license and the documents attached to the application, unless a special law regulating relations in certain areas of economic activity provides for a different period for issuing a license for certain types of activities.

When faced with the issue of obtaining a license, you need to know that the Law of Ukraine “On Licensing of Certain Types of Economic Activities” determines the responsibility of business entities and licensing authorities for violation of legislation in the field of licensing..

Thus, the above law defines the following types of responsibilities of licensing authorities in Ukraine:
- according to Part 5 of Article 19 of the Law of Ukraine “On Licensing of Certain Types of Economic Activities”, the licensing authority is responsible for the safety of the licensing case;
- Part 1 of Article 22 of the Law of Ukraine “On licensing of certain types of economic activities” officials licensing authorities and a specially authorized body on licensing issues in case of non-compliance with legislation in the field of licensing are liable in accordance with the law.

Unfortunately, these norms do not fully reflect the balance of interests of licensing authorities and business entities, since clear penalties are established for violation of the licensing procedure and licensing conditions for business entities (fines, revocation of licenses, etc.). At the same time, for a delay in issuing a license, non-issuance of a license, or violation of other legal requirements, the licensing authority may, at most, be held liable in the form of restoring the violated right of a business entity.

The licensee must pay special attention to cases in which the license may be revoked. Cancellation of a license can occur either as a result of lawful actions or events (application for cancellation of a license, death of a licensee entrepreneur), or as a result of a licensee’s violation of the requirements of the current legislation of Ukraine.

Thus, Part 1 of Article 21 of the Law of Ukraine “On Licensing of Certain Types of Economic Activities” provides 9 reasons for license revocation. But an analysis of these provisions allows us to conclude that the given list is exhaustive, i.e. Deprivation of a license on grounds not specified in Article 1 of this law is not allowed.

Unfortunately, these norms do not fully reflect the balance of interests of licensing authorities and business entities, since clear penalties have been established for violation of the licensing procedure and licensing conditions for business entities (fines, license revocation, etc.). At the same time, for a delay in issuing a license, non-issuance of a license, or violation of other legal requirements, the licensing authority may, at most, be held liable in the form of restoring the violated right of a business entity.

8.1. Licensing of certain types of economic activities as a condition for the implementation of economic activities by business entities.

8.2. The procedure for obtaining a license, re-issuing and obtaining a duplicate license.

8.3. Responsibility for offenses in the field of licensing of economic activities.

Licensing of certain types of economic activities as a condition for the implementation of economic activities by business entities

In some cases provided for by the Law, the mere fact of state registration is not sufficient to engage in certain types of activities; obtaining a license is also required.

Over the several years that have passed since the moment when the list of licensed activities was first determined, which initially included only 11 types of activities, it was increased many times (up to 112). Recently, this list has been reduced to about 60, but is still more than 5 times larger than the primary list and is constantly changing.

Main regulatory legal act regulating licensing is the Law of Ukraine “On licensing of certain types of economic activities” dated 06/01/2000.

The Law "On Licensing..." applies to all business entities. Licensing of banking activities, foreign economic activity, licensing of broadcasting channels, licensing in the field of electric power and nuclear energy, licensing in the field intellectual property carried out in accordance with the laws that regulate relations in these areas.

License - a state-issued document certifying the right of the licensee to carry out the type of economic activity specified in it for a certain period, subject to the fulfillment of license conditions.

Licensing - issuance, re-issuance and cancellation of licenses, issuance of duplicate licenses, maintaining licensing files and license registers, monitoring licensees’ compliance with license conditions, issuing orders to eliminate violations of license conditions, as well as orders to eliminate violations of legislation in the field of licensing.

Subjects relations arising in connection with licensing are, on the one hand, the business entity, and on the other, the licensing body.

Licensing authority - executive authority determined by the Cabinet of Ministers of Ukraine, or specially authorized executive body local councils regarding licensing of certain types of economic activities.

Basic principles public policy in the field of licensing are:

Ensuring equality of rights and legitimate interests of all business entities;

Protection of the rights, legitimate interests, life and health of citizens;

Protection environment and ensuring state security;

Establishment of a unified procedure for licensing types of economic activities on the territory of Ukraine;

Establishment of a unified list of types of economic activities subject to licensing.

License terms are defined in the Law in two ways. So, in Art. 1 of the Law of Ukraine, licensing conditions are defined as an exhaustive list of organizational, qualification and other special requirements established, taking into account the requirements of laws, that must be fulfilled when carrying out types of economic activities that are subject to licensing.

The procedure for obtaining a license, re-issuing and obtaining a duplicate license

An enterprise that intends to carry out a certain type of licensed economic activity applies to the relevant licensing authority with an application in the established form for the issuance of a license.

The application for a license is accompanied by a copy of the certificate of state registration of the business entity or a copy of the certificate of inclusion in the Unified state register enterprises and organizations of Ukraine, certified by a notary or the body that issued the original document.

The licensing body is prohibited from requiring other documents from business entities not specified in the Law.

An application for a license will remain without consideration if:

The application was submitted (signed) by a person who does not have the authority to do so;

The documents were prepared in violation of the requirements of the law.

The applicant is notified in writing about leaving the application for a license without consideration, indicating the reasons for leaving the application for a license without consideration within 10 days.

After eliminating the reasons that are the basis for the decision to leave the application for a license without consideration, the applicant may resubmit the application for a license, which is considered in the manner prescribed by the Law.

The licensing authority makes a decision to issue a license or to refuse to issue it no later than 10 working days from the date of receipt of the above documents, unless otherwise established by a special law.

A notification about the decision to issue a license or to refuse to issue a license is sent to the applicant in writing within 3 business days from the date of the relevant decision.

The grounds for making a decision to refuse to issue a license are:

1) unreliability of data in the documents submitted by the applicant to obtain a license;

2) the applicant’s non-compliance, according to the submitted documents, with the licensing conditions established for the type of economic activity specified in the application.

In the event of a refusal to issue a license on the basis of identification of inaccurate data in the documents submitted by the applicant regarding the issuance of a license, the enterprise may submit a new application for a license to the licensing authority no earlier than 3 months from the date of the decision to refuse to issue a license.

In the event of a refusal to issue a license on the basis of the applicant’s non-compliance with the licensing conditions established for the type of economic activity specified in the application for a license, the enterprise may submit a new application for a license to the licensing authority after eliminating the reasons that served as the basis for the refusal to issue a license.

The decision to refuse to issue a license can be appealed in court.

License validity period for carrying out a certain type of economic activity is established by the Cabinet of Ministers upon the proposal of a specially authorized body for licensing issues, but cannot be less than 3 years. The resolution of the Cabinet of Ministers of Ukraine "On the validity period of a license to conduct certain types of economic activities, the amount and procedure for charging fees for its issuance" dated November 29, 2000 No. 1755 established that the validity period of a license to carry out activities to provide radio communication services (using radio frequencies) ) is 10 years, for the provision of telephone services (except for departmental facilities) - 15 years, for maintenance TV and radio broadcasting networks - 5 years. Thus, in the said resolution of the Cabinet of Ministers, they are indicated as total term validity of licenses (3 years), and special deadlines established for some of the above types of business activities.

Issuance of a license for a period of less than 3 years or refusal to extend the license gives a business entity the right to apply to a court or economic court to protect its interests

Economic activity on the basis of a license issued by the licensing authority, which is the central executive body, is carried out throughout Ukraine.

Economic activity on the basis of a license issued by a licensing authority, which is a local executive body or a specially authorized executive body of councils, is carried out on the territory of the corresponding administrative-territorial unit.

For each branch, each separate division of the licensee that will carry out economic activities on the basis of the license it has received, the licensing authority issues to the licensee copies of the license certified by it, confirming the right of the branch or other structural unit of the licensee to conduct a certain type of economic activity.

For issuing a copy of a license, a fee in the amount of 1 tax-free minimum income of citizens is charged. The fee for issuing a copy of the license is credited to the State Budget of Ukraine.

If the licensee intends to carry out the type of economic activity specified in the license after the expiration of its validity, he must obtain a new license in the manner prescribed by this Law. A new license is issued by the licensing authority no earlier than the last working day of validity of the previously issued license.

The licensee may not transfer the license or its copy to another legal entity or individual for carrying out business activities.

License fee is a one-time payment made by a business entity to obtain a license. Fees for issuing licenses are paid after a decision is made to issue a license.

The grounds for re-issuing a license are:

1) change in the name of a legal entity (if the change in name is not related to the reorganization of the legal entity) or the surname, name and patronymic of an individual - a business entity;

2) change in the location of a legal entity or place of residence of an individual - a business entity;

3) changes related to the licensee conducting a certain type of economic activity.

If there are grounds for re-issuing a license, the licensee must, within 10 working days, submit to the licensing authority an application for re-registration of the license along with the license to be re-issued and the relevant documents or their notarized copies that confirm these changes.

The licensing authority, within 3 working days from the date of receipt of the application for re-issuance of the license and its annexes, is obliged to issue a license re-issued on a new form, taking into account the changes specified in the application for re-issuance of the license.

The validity period of a reissued license cannot exceed the validity period specified in the license that was reissued.

A fee of 5 thousand rubles is charged for re-issuing a license. The fee for re-issuing a license is credited to the State Budget of Ukraine.

A licensee who has submitted an application and relevant documents for re-issuance of a license can carry out its activities on the basis of a certificate of acceptance of an application for re-issuance of a license to conduct a certain type of business activity, which is issued by the licensing authority when submitting an application for re-issuance of a license.

Grounds for issuing a duplicate licenses are:

Loss of license;

Damage to the license.

In case of loss of a license, the licensee is obliged to contact the licensing authority with an application for the issuance of a duplicate license, to which is attached a document certifying payment of the fee for issuing a duplicate license. If the license form is unusable due to damage, the licensee shall also submit the unusable license to the appropriate licensing authority.

The validity period of the duplicate license cannot exceed the validity period indicated in the lost or damaged license.

A licensee who has submitted an application and relevant documents for the issuance of a duplicate license instead of a lost or damaged one may conduct its activities on the basis of a certificate of filing an application for a duplicate license to conduct a certain type of business activity, which is issued by the licensing authority when submitting an application for a duplicate license.

The licensing authority is obliged, within 3 working days from the date of receipt of the application for a duplicate license, to issue the applicant a duplicate license instead of a lost or damaged one.

For issuing a duplicate license in place of a lost or damaged license, a fee of 5 thousand rubles will be charged. The fee for issuing a duplicate license is credited to the State Budget of Ukraine.

Responsibility for offenses in the field of licensing of economic activities

Cancellation of a license is one of the common sanctions applied by the Licensing Chamber of Ukraine.

License revocation- deprivation of the licensee by the licensing authority of the right to conduct a certain type of economic activity.

Art. 21 of the Law of Ukraine "On Licensing..." names the grounds for its cancellation. This:

1) the licensee’s application for cancellation of the license;

2) an act of repeated violation by the licensee of license conditions (repeated violation - the licensee’s repeated violation of certain license conditions during the validity period of the license after the application of sanctions for a similar violation);

3) decision to cancel state registration of a business entity;

4) a notarized copy of the death certificate of an individual - a business entity;

5) an act on identifying false information in documents provided by a business entity to obtain a license;

6) an act establishing the fact of transfer of a license or a copy thereof to another legal entity or individual for carrying out economic activities;

7) an act establishing the fact of failure to provide, within the prescribed period, a notification of changes in the data specified in the documents attached to the application for a license;

8) an act of failure to comply with an order to eliminate violations of license conditions;

9) the inability of the licensee to ensure compliance with the licensing conditions established for a certain type of economic activity.

The licensing authority makes a decision on cancellation of a license within 10 working days from the date of establishing the grounds for cancellation of the license, which is handed to the licensee indicating the grounds for cancellation no later than 3 business days from the date of its adoption.

The decision to revoke a license comes into force 10 days from the date of its adoption.

If during this time the licensee files a complaint with the Export Appeal Board, the effect of this decision of the licensing body is suspended until a corresponding decision is made by the specially authorized body on licensing issues.

An enterprise can obtain a new license for the right to conduct economic activities no earlier than 1 year from the date of the licensing authority’s decision to cancel the previous license if it was canceled on the basis of those specified in paragraphs. 2, 5, 6, 7, 8.

In practice, there may be cases of unlawful application by licensing authorities of such sanctions as revocation of a license. To protect the rights of entrepreneurs that are infringed in such cases, it is necessary to have the possibility of judicial appeal against such actions of the competent authorities. In Art. 4 of the Law “On Licensing...” states that the decision to revoke a license can be appealed in court.

Abstract

"Licensing"

Completed:

Student 1TUR2rus

Ibrishim Christina Checked:

Michalaki Yu.

Introduction. 3

Licensing of certain types of business activities 4

Cancellation of license. 6

Supervision, control and responsibility in the field of licensing. 7

LAW OF THE REPUBLIC OF MOLDOVA on licensing of certain types of activities 9

Conclusion. 23

Introduction

The topic of this essay is licensing of certain types of activities. It seems to me that this topic is very important for study, especially at the present time. As you know, the main economic institutions in our country are still in their infancy, so it is important now to understand the intricacies of the functioning of their individual components. The topic of licensing especially stands out among a number of issues of this kind. Let's turn to Civil Code. Here is how the definition of license and licensing is introduced there:

Article 49. Legal capacity of a legal entity

A legal entity may have civil rights, corresponding to the goals of the activity provided for in its constituent documents, and bear the responsibilities associated with this activity. Commercial organizations, except unitary enterprises and other types of organizations provided for by law may have civil rights and bear civil responsibilities necessary to carry out any types of activities not prohibited by law. A legal entity may engage in certain types of activities, the list of which is determined by law. only on the basis of special permission (license).

As can be seen from this definition, a license is required to obtain permission to engage in a certain type of activity. The first simple conclusion that comes to mind is that this type of activity is unusual and especially important if it was decided to distinguish it from a number of other areas of business in which special permission to work is not required. Taking this conclusion as a basis, I tried to go a little further and highlight among the types of activities subject to licensing the most important in a macroeconomic sense. That is, I tried to choose “the best of the best.” I counted three such types of activities:

· LICENSING OF CUSTOMS ACTIVITIES;

· LICENSING FOR EXPORT AND IMPORT OF GOODS;

· LICENSING IN THE SECURITIES MARKET.

The first two sectors concern foreign economic relations. The balance of exports and imports, the qualitative content of these two types of activities, as a rule, provide fairly complete information about the state of affairs in the economy of any country. Analysis of imported goods (i.e. imports) and exported products (i.e. exports) allows us to judge the level of development of the country's industrial base and the development of its economy. To prevent the undermining of the national economy, ecology, and health of the nation, any state strictly regulates the procedure for export-import operations, establishing its own strict “rules of the game” in this market. From these positions, consideration of licensing of these industries seems to me extremely important.

Licensing in the securities market is of interest, again from the point of view of the importance of the functioning of the entire securities market. Such a market appeared in Russia quite recently and is also in its infancy. However, in a market economy, the securities market influences almost all other areas of the economy, therefore, the state of the economy as a whole largely depends on its condition. Specifically in Russian conditions, when privatization is not completed, to increase industrial production it is required bank loans, the state of the securities market determines very, very many things.

Licensing of certain types of business activities

In several cases provided for by law, the mere fact of state registration is not sufficient to engage in certain types of activities; obtaining a license is also required.

The list of about 60 types of activities that cannot be carried out without a license is determined in the Law “On Licensing of Certain Types of Economic Activities” dated June 1, 2000, which is the main legal act regulating licensing.

In this area, the main concepts are “license” and “licensing”, which are defined in the law.

A license is a state-issued document certifying the licensee’s right to carry out the type of economic activity specified in it for a certain period of time, subject to the fulfillment of license conditions.

Licensing – issuing, re-issuing and canceling a license, issuing duplicate licenses, maintaining licensing files and license registers, monitoring licensees’ compliance with license conditions, issuing orders to eliminate violations of license conditions, as well as orders to eliminate violations of legislation in the field of licensing.

The subjects of relations arising in connection with licensing are, on the one hand, the business entity, and on the other, the licensing body.

A business entity that intends to carry out a certain type of licensed economic activity, personally or through an authorized body or person, applies to the relevant licensing authority with an application in the established form for the issuance of a license.

The licensing authority makes a decision on issuing a license or refusing to issue it no later than ten working days from the date of receipt of the application for a license and the documents attached to the application, unless a different period is provided for by a special law regulating relations in certain areas of economic activity issuing licenses for certain types of activities.

The grounds for making a decision to refuse to issue a license are:

Inaccurate data in the documents submitted by the applicant to obtain a license;

The applicant’s non-compliance, according to the submitted documents, with the licensing conditions established for the type of economic activity specified in the application for a license.

The validity period of a license to carry out a certain type of economic activity is established by the Cabinet of Ministers of Ukraine upon the proposal of a specially authorized body for licensing issues, but cannot be less than three years.

For each branch, each separate division of the licensee, which will conduct business activities on the basis of the license received by it, the licensing authority issues to the licensee copies of the license certified by it, which are registered in the log of applications and issued licenses. A copy of the license certified by the licensing authority is a document confirming the right of a branch or other structural unit of the licensee to carry out a certain type of business activity.

A fee is charged for issuing a license, the amount and procedure for transferring it to the State Budget of Ukraine are established by the Cabinet of Ministers of Ukraine. A license fee is a one-time payment made by a business entity to obtain a license.

The fee for issuing a license is paid after the decision to issue a license is made.

One of the types of licensing is renewal of a license. The grounds for re-issuing a license are:

Changing the name of a legal entity (if the change of name is not related to the reorganization of a legal entity) or the surname, name, patronymic of an individual - a business entity;

Change of location of a legal entity or place of residence of an individual – a business entity;

Changes related to the implementation by the licensee of a certain type of economic activity specified in Article 9 of the Law.

If there are grounds for re-issuing a license, the licensee must, within ten working days, submit to the licensing authority an application for re-issuing the license along with the license to be re-issued and the relevant documents or their notarized copies confirming these changes.

A license that is not reissued on time is invalid.

The licensee is obliged to notify the licensing authority of all changes to the data specified in the documents attached to the application for a license. In case of such changes, the licensee is obliged to submit to the licensing authority a corresponding notification in writing within ten working days with documents or their notarized copies confirming these changes.

The basis for issuing a duplicate license is the loss or damage of the license.

Along with the general licensing rules provided for in the Law, special rules have been established for certain types of activities that provide for certain features. Thus, by resolution of the Cabinet of Ministers of Ukraine dated April 29, 1999 No. 753, the Regulations on the procedure for issuing licenses by the National Electric Power Industry Regulatory Commission to carry out certain types of business activities were approved.

Thus, licensing is a necessary condition for the implementation of certain types of business activities provided for by the Law of Ukraine “On Licensing of Certain Types of Economic Activities”, meaning the need to obtain a license in accordance with the legislative procedure.

From the moment of obtaining a license, the entrepreneur has the right to carry out the corresponding type of activity, which he can implement during the validity period of the license, after which the right is terminated (in several cases determined by law, it is possible to terminate such a right before the expiration of the license, for example, when the license is revoked) .