Before starting any business, you should first study the legal framework. Knowledge of laws and regulations will allow you to submit all reports on time and avoid many problems with regulatory authorities.
One of the important aspects of doing any business is licensing. This issue is regulated by Federal Law 129-FZ dated 08.08.2001 "On licensing certain types of activities." It sets out the basic licensing rules.
Licensing is essentially a confirmation of the right of a legal entity or an individual entrepreneur to engage in a particular type of activity. Licensing is subject to those activities that may harm the health or life of citizens, their legitimate interests, or the cultural heritage and security of the country.
Obtaining a license is not very difficult. It is necessary to collect a complete package of documents in a timely manner and submit an application to the appropriate authority. Before obtaining a license, you must clearly identify for yourself what types of activities will be carried out by a legal entity or individual entrepreneur.
What is a license for?
In addition to the types of activities for which a license is required, there are those for which only a permit is sufficient. There are also a number of activities that are generally not subject to licensing.
However, if an activity has any of these characteristics, a license is likely to be required. These include:
- the possibility of causing harm to people, their rights and health;
- the possibility of causing harm to the environment;
- the possibility of causing harm to the state, defense;
- activities related to the country's cultural heritage.
Only after obtaining a license can one begin to engage in such activities.
All types subject to licensing can be conditionally divided into several groups. Since there are currently more than five hundred such activities, their classification can help organize this information.
So, the licensed types of activities include:
- activities related to the processing, release and distribution of any means of protecting information. The same activities include the production and maintenance of encryption devices, as well as the distribution of these devices or the provision of data protection;
- everything that can be attributed to the field of aviation - design, production, production, service. Actions with military equipment can also be attributed to this area;
- production, sale or service of any type of weapon;
- work with explosive or chemically hazardous substances that can be used as a result of production;
- activities related to extinguishing fires. In this case, the only exception will be voluntary assistance in extinguishing fires by other organizations;
- maintenance and installation of fire safety equipment in public, commercial or residential premises;
- work with medicines, especially with narcotic and psychotropic substances. This group also includes activities related to the production and maintenance of medical equipment;
- activities related to genetic engineering;
- activities related to the carriage of passengers or cargo by air, water or rail;
- transportation of passengers by car with a capacity of more than eight seats;
- activities related to the disposal or storage of waste hazardous to life or health;
- activities for the maintenance and organization of gambling, as well as sweepstakes;
- security activities, as well as the activities of private detectives;
- activities related to work with ferrous or non-ferrous metal, its processing, storage, transportation, sale;
- activities related to the employment of citizens outside the Russian Federation;
- communication services, work with audio or video products;
- educational activities;
- activities related to the study of space;
- work with maps of national importance; activities related to hydrometeorology;
- conducting expert examinations in production;
- work with explosive materials.
In a word, those activities are subject to licensing, the results of which may be dangerous to others or cause any harm. More detailed licensed activities are disclosed in Art. 12 of the Federal Law "On Licensing of Certain Types of Activities".
Before starting work, it is imperative to clarify whether the selected type of activity is subject to mandatory licensing.
How to get a license
Depending on the type of activity, the procedure for obtaining a license may differ. So, for some species, you just need to write a statement, for others, you need to collect quite impressive packages of documents. For example, to obtain a license to operate a pharmaceutical company, you must go through two stages. First of all, a sanitary and epidemiological conclusion is obtained. Only with this help you can get a license.
The easiest way to obtain a license is to contact lawyers. They will do everything right and in the shortest possible time.
To date, you can find out information about the list of necessary documents for obtaining a license in many legal companies. They can also help with collecting, checking documents and submitting them to the appropriate authorities. This is undoubtedly a paid service. In this case, you should decide what is more profitable - to spend time collecting information and a package of documents or to pay for the services of lawyers.
If you independently obtain a license, you should contact the licensing authority. Together with the application, you must submit a certificate of registration of an individual as an individual entrepreneur (for individual entrepreneurs), as well as a certificate of registration with the tax authority and a receipt for payment of the license fee. The rest of the list of documents is determined by the type of activity for which the license is obtained.
Good day, dear friends! Today I want to tell you about licensed activities. Let's start by looking at what are licensed activities?
Licensed activities - types of activities, the implementation of which may entail damage to the rights, legitimate interests, health of citizens, the defense and security of the state, the cultural heritage of the peoples of the Russian Federation and the regulation of which cannot be carried out by other methods except licensing.
Engaging in a licensed type of activity without a license, if this act has caused large damage or gained a large benefit, is punished under criminal law. Therefore, in order not to have problems with the law and earn the trust of partners, clients, as well as successfully participate in competitive bidding, the first priority in any activity is to acquire a license.
License - a special document of a unified form, which confirms the right to carry out a specific type of activity for which a license is required. The license is issued by a special authority on paper or, in certain cases, in electronic form.
Let's decide with you whether your field of activity falls under compulsory licensing or joining SROs (self-regulatory organizations), because the presence of a license or SRO admission is your "pass ticket" to participate in competitive procedures.
At the moment, the types of activities subject to licensing are determined by the Federal Law of the Russian Federation dated May 4, 2011 No. 99-FZ “On licensing certain types of activities”. This Federal Law from November 3, 2011 replaced the existing Federal Law of 08.08.2001 No. 128-FZ "On licensing certain types of activities."
The list of licensed activities consists of 51 items and is specified in Part 1 of Art. 12 of Law No. 99-FZ. It should be noted that the list of licensed activities established by Art. 17 of Law No. 128-FZ, was more extensive ( 105 different activities ).
And so, the following activities are subject to licensing:
1) development, production, distribution of encryption (cryptographic) means, information systems and telecommunication systems protected using encryption (cryptographic) means, performance of work, provision of services in the field of information encryption, maintenance of encryption (cryptographic) means, information systems and telecommunications systems protected using encryption (cryptographic) means (unless the maintenance of encryption (cryptographic) means, information systems and telecommunications systems protected using encryption (cryptographic) means is carried out to meet the own needs of a legal entity or individual entrepreneur) ;
2) development, production, sale and purchase for the purpose of selling special technical means intended for secretly obtaining information;
3) activities to identify electronic devices designed to secretly obtain information (unless the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur);
4) development and production of means of protecting confidential information;
5) activities for the technical protection of confidential information;
6) production and sale of printed products protected from counterfeiting;
7) development, production, testing and repair of aviation equipment;
8) development, production, testing, installation, installation, maintenance, repair, disposal and sale of weapons and military equipment;
9) development, production, testing, storage, repair and disposal of civil and service weapons and main parts of firearms, trade in civil and service weapons and main parts of firearms;
10) development, production, testing, storage, sale and disposal of ammunition (including cartridges for civilian and service weapons and component parts of cartridges), pyrotechnic products of IV and V classes in accordance with the national standard, the use of pyrotechnic products of IV and V classes in compliance with technical regulations;
11) activities for the storage and destruction of chemical weapons;
12) operation of explosion and fire hazardous and chemically hazardous production facilities of I, II and III hazard classes;
14) activities to extinguish fires in settlements, at production facilities and infrastructure facilities;
15) activities for the installation, maintenance and repair of fire safety equipment for buildings and structures;
16) production of medicines;
17) production and maintenance (except for the case if maintenance is carried out to meet the own needs of a legal entity or individual entrepreneur) of medical equipment;
18) circulation of narcotic drugs, psychotropic substances and their precursors, cultivation of narcotic plants;
19) activities in the field of using causative agents of infectious diseases of humans and animals (except for the case if the specified activity is carried out for medical purposes) and genetically modified organisms of III and IV degrees of potential danger, carried out in closed systems;
20) activities for the carriage of passengers by inland water transport, sea transport;
21) activities for the transport of dangerous goods by inland water transport, sea transport;
22) activities for the carriage of passengers by air (unless the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur);
23) activities for the carriage of goods by air (unless the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur);
24) activities for the carriage of passengers by road transport equipped for the carriage of more than eight people (except for the case if the specified activity is carried out on orders or to ensure
25) activities for the carriage of passengers by rail;
26) activities related to the transportation of dangerous goods by rail;
27) loading and unloading activities in relation to dangerous goods in railway transport;
28) loading and unloading activities in relation to dangerous goods in inland water transport, in seaports;
29) activities for the implementation of towing by sea transport (except for the case if the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur);
30) activities for the neutralization and disposal of wastes of I - IV hazard classes;
31) activities for the organization and conduct of gambling in bookmakers and sweepstakes;
32) private security activities;
33) private detective (detective) activity;
34) procurement, storage, processing and sale of ferrous and non-ferrous scrap;
35) provision of services for the employment of citizens of the Russian Federation outside the territory of the Russian Federation;
36) provision of communication services;
37) television broadcasting and radio broadcasting;
38) activities for the production of copies of audiovisual works, programs for electronic computers, databases and phonograms on any kind of media (except for cases when the specified activity is independently carried out by persons who have the rights to use these objects of copyright and related rights by virtue of federal law or agreement);
39) activities in the field of using sources of ionizing radiation (generating) (except for the case if these sources are used in medical activities);
40) educational activities (except for the specified activities carried out by private educational organizations located on the territory of the Skolkovo innovation center);
41) space activities;
42) geodetic and cartographic works for federal purposes, the results of which are of national, inter-sectoral importance (with the exception of the specified types of activities carried out in the course of engineering surveys carried out for the preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities);
43) production of mine surveying works;
44) work on active influence on hydrometeorological and geophysical processes and phenomena;
45) activities in the field of hydrometeorology and related areas (with the exception of the specified activities carried out in the course of engineering surveys carried out for the preparation of project documentation, construction, reconstruction of capital construction facilities);
46) medical activities (except for the specified activities carried out by medical organizations and other organizations that are part of the private health care system on the territory of the Skolkovo innovation center);
47) pharmaceutical activities;
48) activities for the preservation of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation;
49) activities for conducting industrial safety expertise;
50) activities related to the handling of industrial explosives;
51) entrepreneurial activity in the management of apartment buildings.
Law No. 99-FZ applies to all cases of licensing certain types of activities, with the exception of the following:
1) the use of atomic energy;
2) production and circulation of ethyl alcohol, alcoholic and alcohol-containing products;
3) activities related to the protection of state secrets;
4) the activities of credit institutions;
5) activities for conducting organized auctions;
6) types of professional activities in the securities market;
7) activities of joint-stock investment funds, activities of managing joint-stock investment funds, unit investment funds, non-state pension funds;
8) the activities of specialized depositories of investment funds, mutual investment funds and non-state pension funds;
9) activities of non-state pension funds for pension provision and pension insurance;
10) clearing activities;
11) insurance activities.
Licensing of these types of activities is regulated by separate federal laws (part 3 of article 1 of Law No. 99-FZ).
Some features of licensing may be established by other federal laws in relation to:
1) the provision of communication services, television broadcasting and (or) radio broadcasting;
2) private detective (detective) activities and private security activities;
3) educational activities (except for the specified activities carried out by private educational organizations located on the territory of the Skolkovo innovation center);
4) entrepreneurial activity in the management of apartment buildings, (part 4 of article 1 of Law No. 99-FZ).
Licensing of activities not specified in Law No. 99-FZ terminates from the moment of its entry into force (part 1 of article 22 of Law No. 99-FZ).
Construction and design companies, as well as firms engaged in engineering and survey activities, must go through the procedure for joining a self-regulatory organization and obtain a Certificate of admission to work.
The types of work that require joining an SRO are regulated by various regulatory documents, including by order of the Ministry of Regional Development No. 624 dated December 30, 2009. This document contains the most complete list of works, for the implementation of which a Certificate of Admission is legally required. The latest changes to Order No. 624 came into force on November 14, 2011 on the basis of Order No. 536 of the Ministry of Regional Development.
The rules for certification of products are regulated by the Resolution of the Gosstandart of the Russian Federation dated 09.21.1994 No. 15 “On approval of the Procedure for certification of products in the Russian Federation”.
The unified list of products subject to compulsory certification was approved by the Decree of the Government of the Russian Federation dated December 1, 2009 No. 982 "On approval of a unified list of products subject to compulsory certification and a unified list of products, the conformity of which is confirmed in the form of a declaration of conformity."
The rules for certification of services (works) are regulated by the Resolution of the State Standard of the Russian Federation dated 05.08.1997 No. 17 “On the adoption and implementation of the Certification Rules”.
According to Part 1.1 of Chapter I of the "Certification Rules", objects of mandatory certification of works and services are established in accordance with the legislative acts of the Russian Federation.
The objects of voluntary certification are works and services that are not subject to compulsory certification, as well as works and services that are subject to compulsory certification, according to requirements not confirmed by compulsory certification.
If you do not know or doubt whether your field of activity is subject to compulsory licensing or certification, then you can contact the nearest license center with a corresponding request. And the center's specialists will give you a detailed and competent answer to your request.
Each individual entrepreneur and LLC at the initial stages of their formation asked a question about the need to obtain licenses.
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Let's find out which types of activities that are subject to licensing are included in the list established by the legislation of Russia in 2020.
Each person who opens a legal entity or individual enterprise must familiarize themselves with the list of activities that are subject to licensing.
By revising such a list, you will know for sure whether you need to obtain a permit to do business, or you can safely conduct business by simply registering a company.
Consider what exactly you need to get a license for in 2020.
What do you need to know?
First, let's look at the basic concepts that companies and individual entrepreneurs face when obtaining permits for a certain type of activity.
Basic concepts
A license is a permission or right to carry out a number of actions that can be certified by appropriate documents.
In Russia, the procedure for issuing licenses for certain types of activities is spelled out in, which was approved by the government on 08.08.2001.
The list of types of work (more precisely, business), for which you need to obtain a special permit, is contained in.
There are separate legal acts that govern the rights and responsibilities of the parties. For instance:
What types of activities are subject to licensing in Russia
About a hundred types of activities are subject to licensing in accordance with the Law on Licensing. The law does not apply to another 19 types of activities.
Their licensing is carried out according to special rules. This applies to:
- banking;
- notary business;
- foreign economic activity, etc.
Let's consider in more detail what types of activities should be licensed. After all, such information is simply necessary if you do not want to be reputed to be a violator of the law with state bodies.
List of directions
We classify the types of activities that are subject to licensing:
- All work related to the development, release and implementation of protective equipment, information encryption. This also includes the manufacture of encryption devices, their maintenance.
- Activities in the aviation industry - creation, design, repair work, disposal.
- Activities related to weapons.
- A license is required for the development and use of explosive or chemical devices that have been installed in production.
- To extinguish fires in the forest, housing, you also need to have a permit. This does not include voluntary assistance.
- Installation and maintenance of devices that will ensure fire safety. This includes fire protection of flammable materials.
- Manufacturing of drugs, all types of activities related to psychotropic and narcotic substances, medical equipment maintenance.
- Genetic engineering, the use of viruses that affect humans and animals.
- Transportation of passengers and cargo, performance of unloading and loading operations with dangerous goods, provision of towing services.
- Provision of transportation services for more than 8 people.
- Recycling services, storage of hazardous waste.
- Activities related to gambling, sweepstakes.
- Security services, investigation.
- Works with ferrous and non-ferrous metals (processing, storage, sale).
- Provision of services for finding a job outside Russia.
- Provision of communication services.
- Activities related to software, video production.
- Educational activity.
- Space exploration.
- Hydrometeorological work.
- Search for minerals, measuring the territory.
- Medical services.
- Activities aimed at the preservation of cultural heritage.
- Conducting safety examinations of the production process.
- Work with explosive substances.
The rest of the activities, the implementation of which requires a license, are related to the above.
Without fail
We list the types of activities subject to licensing, which are established by the legislation of Russia (according to).
Legal entities and individuals with the status of individual entrepreneurs must obtain a license if they are engaged in the following activities:
- They are active in the communications industry.
- They carry out foreign economic operations of economic activity.
- They produce and sell alcoholic beverages.
- They operate as a credit firm.
- They have a business to ensure the protection of state secrets.
- They work with securities.
- They work as an investment fund.
- Provide services in customs affairs.
- They work in the field of education.
- They conduct exchange activities.
- Selling weapons and ammunition.
- Use natural resources.
- They carry out activities on deposit operations.
- Provide insurance services.
- Provide notary services.
- They work in the nuclear power industry.
- They act as a non-state pension fund.
In Art. 17 states that companies must apply for a license that:
- Design, repair and test aircraft models.
- Distribute, maintain, provide encryption services.
- Protect, develop, produce information security tools.
- They produce genuine printing materials.
- They develop, repair, and dispose of military technical objects.
- They operate chemically hazardous facilities.
- They work with explosives.
- Putting out fires.
- Provide fire safety.
- They organize and conduct gambling.
- Cultural heritage objects are being restored.
- They transport passengers and goods by rail.
- They conduct geodetic activities.
- They work in the hydrometeorological industry.
- They conduct pharmaceutical activities.
- They carry out transportation by water, air, land types of vehicles.
- Produce and maintain medical equipment.
- Cartographic activities.
- Collect and store hazardous substances.
- Produce and sell play equipment, etc.
Video: licensing of entrepreneurial activities for the management of apartment buildings
Licensed medical activities
Pharmaceuticals are licensed under. It includes wholesale and retail sale of drugs, production.
The permit is issued by the federal body for supervision in the health and social development industry, as stated in Art.
When obtaining a license for enterprises that manufacture drugs, it is worth relying on.
The permission to create medical equipment is issued in accordance with.
And when servicing such equipment, another document is relevant - that was approved on the same day.
Issues of licensing of prosthetic and orthopedic materials ordered by individuals are considered in.
But it is worth considering that permission should be obtained only for the manufacture of such products. When providing another type of prosthetic and orthopedic activity, it will not be required.
The right to cultivate plants for the manufacture of narcotic and psychotropic substances is said in.
The licensing authority is the Ministry of Agriculture of the Russian Federation. When trafficking in narcotic drugs, a license is obtained in accordance with the Federal Law that was adopted.
Persons who are associated with infectious agents should rely on norms.
In the field of industrial safety
Rostechnadzor issues a permit for the following activities in the industrial safety industry:
- Use of explosive production facilities.
- Use of hazardous chemical production facilities.
- Security expertise.
- Implementation of mine surveying work.
- Manufacturing of explosive substances that have a production purpose.
- Storage of such substances.
- Using such funds.
- Their redistribution.
In this article, we will tell you what types of activities you need to obtain a license for in 2020, and what the risk of working without such a permit, if it is required by law.
A license is a permit from authorized state bodies to carry out certain types of activities.
Features of activities requiring a license
The business areas subject to licensing were not chosen by chance. All of them require special technical conditions, qualified personnel, or can adversely affect the life and health of people, the environment, and cultural heritage. Among the licensed areas of business, there are those that are associated with large financial flows (banks, credit organizations, the securities market).
Not all licensed types of activity are available to individual entrepreneurs. The laws do not explain why this is so, but it is known that the state treats individual entrepreneurs as business kids. For entrepreneurs, fines are several times lower, and there are more tax benefits. But, for example, a license for the production and sale of strong alcohol will not be given to individual entrepreneurs. The maximum that will be allowed to sell from alcohol is.
What activities do you need a license for
The largest list of licensed species is contained in Law No. 99-FZ of 04/05/2011, but besides it, there are several other laws, each of which regulates a separate area.
For example, the issuance of a license for the production and circulation of alcohol is controlled by Law No. 171 of November 22, 1995, for the activities of credit institutions - No. 395-1 of December 2, 1990, for trading - No. 325 of November 21, 2011.
List of licensed activities in 2020:
- Freight and passenger transportation by road (excluding taxi), rail, water, sea, air transport
- Loading and unloading operations and transport towing
- Security and detective (detective) activities
- Education of children and adults
- Production of medicines and medical equipment
- Activities in the field of medicine and pharmaceuticals
- Production and sale of alcohol
- Clearing and insurance activities
- Activities of credit institutions and NPFs
- Trading and professional activities in the securities market
- Activities in the field of space and nuclear energy
- Activities to protect state secrets
- Activities related to encryption and special technical means for secretly obtaining information, protection of confidential information
- Activities in the field of information and telecommunication systems
- Communication services, TV broadcasting, radio broadcasting
- Production and sale of special printed products, protected from counterfeiting
- Production, testing, repair of aircraft
- Activities related to weapons, ammunition, military equipment
- Legal circulation of drugs and psychotropic substances
- Carrying out gambling through bookmakers and sweepstakes
- Procurement, storage, processing, sale of metal scrap
- Multi-apartment building management
- Industrial safety expertise
- Operation of industrial facilities of increased danger (explosion, fire and chemically hazardous)
- Neutralization, collection, transportation of waste related to I - IV hazard classes
- Activities related to industrial explosives
- Activities for the use of sources of ionizing radiation
- Firefighting, installation, repair and maintenance of fire safety equipment
- Use of pathogens of infectious diseases and GMOs
- Employment of Russian citizens abroad
- Production of copies of audiovisual works, computer programs, databases, phonograms on any media
- Geodetic and cartographic activities, hydrometeorology and geophysics, mine surveying
- Preservation of objects of cultural heritage.
Most often, individual entrepreneurs from this list choose cargo transportation, passenger transportation, medical and educational activities, and private investigation. The rest of the licensed activities in 2020 require either the organizational and legal form of a legal entity, or large financial investments.
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Responsibility for the lack of a license
Failure to comply with the legislation in the field of licensing is an administrative offense that is punished for an individual entrepreneur in accordance with the articles of the Code of Administrative Offenses of the Russian Federation /
Penalties for work without a license
- 14.1 (2) - from 4 to 5 thousand rubles with possible confiscation of manufactured products, tools of production and raw materials (activities without a license);
- 14.1 (3) - from 3 to 3 thousand rubles (non-compliance with the necessary licensing requirements);
- 14.1 (4) - from 4 to 8 thousand rubles (gross violation of the license terms).
Special fines for a license in the field of transport under article 14.1.2 of the Code of Administrative Offenses of the Russian Federation are much higher:
- lack of a license - 100 thousand rubles with the confiscation of the vehicle;
- violation of the terms of the issued license - 20 thousand rubles;
- gross violation of the terms of the issued license - 75 thousand rubles.
Although the size of penalties for individual entrepreneurs is several times lower than for LLCs, the criminal liability does not differ depending on the organizational and legal form. It comes when you receive income or damage the state or citizens in the amount of 2.25 million rubles (article 171 of the Criminal Code of the Russian Federation).
OKVED codes and license
The applicant informs about what kind of business the individual entrepreneur will be engaged in when registering with the tax office. To designate specific types of activities, digital codes are used according to OKVED (All-Russian Classifier of Economic Activities).
It is impossible to compare the list by OKVED codes to the types of activities subject to licensing in Russia. The fact is that licensing directions are broader than a specific OKVED code.
How to determine if OKVED falls under licensing
For example, if you choose educational activity, then the following codes from OKVED-2 will correspond to it:
- 85.11: Preschool education
- 85.12: Primary general education
- 85.13: Basic general education
- 85.14: General secondary education
- 85.21: Vocational secondary education
- 85.22: Higher education
- 85.23: Training of highly qualified personnel
- 85.30: Professional training
- 85.41: Additional education for children and adults
- 85.42: Additional vocational education
Moreover, these are only four-digit codes, and if we take into account the five-digit and six-digit codes, there will be even more of them. And if we take pharmaceutical activity, then this concept includes the sale of drugs, and their storage, and the manufacture of drugs according to prescriptions.
By itself, the indication in the form R21001 of OKVED codes corresponding to the licensed area does not oblige to obtain a license. Only if an entrepreneur starts a real activity, it is necessary to contact the licensing authority in advance.
However, some inspectors, and sometimes banks, are interested in whether you have a license, if the extract from USRIP indicates the corresponding OKVED codes. If you are not going to work under a license yet, then for your own peace of mind it is not at all necessary to enter these codes in advance even when registering an individual entrepreneur. Later you can always serve them.
How to get an individual entrepreneur license
Licensing of certain types of activities has been entrusted to authorized state bodies. You can find out which agency you need to apply for a license from the Government Decree of November 21, 2011 No. 957.
Information on the licensing directions most popular among individual entrepreneurs is given in the table.
Each authorized body has its own official website, where you can find contacts of regional divisions and all the necessary information to obtain a license.
If as an individual entrepreneur you plan to engage only in licensed activities, then first study the licensing requirements. For example, in order to obtain a permit for the carriage of passengers by road, you must have:
Licensed Activities in 2020 | List by OKVED codes
- Transport equipped with GLONASS equipment;
- Premises and equipment for vehicle maintenance and repair;
- Drivers with the necessary qualifications, work experience, passed a medical examination;
- A specialist for a pre-trip medical examination of drivers or an agreement concluded with a medical organization for its conduct, etc.
What types of activities are subject to licensing in 2020? Here is a list.
It is not always possible to immediately start real activities. Some areas of business require a special permit from the state - a license for a certain direction. The license confirms that the licensee has the necessary technical base and qualified personnel to carry out the chosen direction.
The main law, which specifies the licensed types of activities in 2020, is Law No. 99-ФЗ dated 05/04/2011. But besides this, there is also a list of laws, each of which regulates a separate licensing business line.
Law number (No.-ФЗ) Directions subject to licensing 171 from 22.11.1995 Production and circulation of alcohol 7 from 07.02.2011 Clearing activities 4015-1 dated 11/27/1992 Insurance activity 395-1 dated 02.12.1990 Credit institutions activities 325 dated 11/21/2011 Bidding 75 from 07/05/1998 Activity of non-state pension funds 39 dated 04.22.1996 Professional activity in the securities market 5663-1 from 08/20/1993 Space activities 5485-1 dated 21.07.1993 Protection of state secrets 170 dated 11/21/1995 Activities in nuclear power In addition to these federal laws, which include a list of activities subject to licensing, by-laws are in force at the level of Government decrees. They specify the licensing requirements, without which the permit will not be issued.
Licensing of certain types of activities has been entrusted to authorized state bodies. You can find out which structure is involved in issuing the permission you need from Government Decree No. 957 dated November 21, 2011. Thus, Rosobrnadzor issues an educational license, Roszdravnadzor for medical and pharmaceutical activities, and Rostransnadzor for transportation.
In 2020, work without such a permit, if necessary, is punished in accordance with the articles of the Code of Administrative Offenses of the Russian Federation:
- article 14.1 - a fine from 4 to 5 thousand rubles for the head and from 40 to 50 thousand rubles for the organization itself (with the possible confiscation of products, production tools and raw materials);
- article 14.1.2 (special norm for activities in the field of transport) - 50 thousand rubles for the head and 400 thousand rubles for the LLC;
- article 14.1.3 (for the management of apartment buildings) - from 50 to 100 thousand rubles for an official and from 150 to 250 thousand rubles for a legal entity;
- article 14.1.3 (conducting gambling) - from 30 to 50 thousand rubles for the head and from 500 thousand to 1 million rubles for the organization with the confiscation of gaming equipment.
Sufficiently serious sanctions, so it is worth figuring out whether licensing of legal entities is required in your case.
What types of activities need to get permission
And now specifically - which areas are subject to licensing in 2020? In the table above, we have already indicated licensed activities, each of which is regulated by a separate law.
But the largest list of business areas for which a license is required is given in Law No. 99-FZ dated 04/05/2011. There are 51 items in the list, but some of them can be combined in one direction:
- Activities in the field of information and telecommunication systems, encryption tools.
- Activities related to special technical means designed to secretly obtain information, as well as to identify them.
- Development and production of means of protecting confidential information, activities to protect confidential information.
- Production and sale of counterfeit-proof printed products.
- Aircraft production, testing, repair.
- Activities related to weapons, ammunition, military equipment.
- Operation of explosion and fire hazardous and chemically hazardous production facilities.
- Fire extinguishing, installation, maintenance, repair of fire safety equipment.
- Manufacture of medicines and medical equipment.
- Turnover of narcotic and psychotropic substances.
- Activities in the field of using pathogens of infectious diseases and GMOs.
- Transportation of passengers and goods by road, rail, water, sea, air.
- Loading and unloading activities and transport towing.
- Collection, transportation, disposal of wastes of I - IV hazard classes.
- Organization and conduct of gambling.
- Private security and detective activities.
- Procurement, storage, processing, sale of scrap metal.
- Employment of Russian citizens outside the Russian Federation.
- Communication services, television and radio broadcasting.
- Production of copies of audiovisual works, computer programs, databases, phonograms on any media.
- Using sources of ionizing radiation.
- Educational activities.
- Geodetic and cartographic activities, mine surveying.
- Activities in the field of hydrometeorology and geophysics.
- Medical and pharmaceutical activities.
- Preservation of objects of cultural heritage.
- Industrial safety expertise.
- Activities related to industrial explosives.
- Management of apartment buildings.
OKVED codes for obtaining a license
When registering a limited liability company, the applicant indicates in the P11001 form what types of activities he will carry out according to OKVED codes. In 2020, digital codes must comply with the All-Russian Classifier OKVED-2.
When registering a legal entity, you can choose an unlimited number of OKVED codes, and you can add them later. Do I need to obtain permission already upon the indication of the licensed type of activity in the applications Р11001 (Р13001, Р14001) and the Unified State Register of Legal Entities?
By itself, the indication of OKVED codes that correspond to one of the licensed types of activity does not oblige you to obtain a permit, if in reality you have not started this business.
However, there is some risk that auditors will try to fine the company if it is engaged in some similar area. The problem is that the description of the licensed line of business and its characteristics in the OKVED Classifier do not always coincide.
For example, in OKVED there is no term "confidential information" or "information protection", while in Law No. 99-FZ of 04/05/2011 there are as many as four licensed types of activity in this area. But the Classifier has completely different directions:
- Computer software development (62.01)
- Advisory activities and work in the field of computer technology (62.02)
- Data processing activities, provision of information hosting services and related activities (63.11).
When carrying out real activities using these OKVED codes, you can either have or not have access to confidential information. In such ambiguous cases, only licensing authorities will be able to answer the question of whether an LLC needs a license after analyzing a specific situation. It is desirable that the received response from the department be given in writing, which to some extent will protect against a possible fine.
If we talk about the types of activities that do not raise doubts about the need for their licensing, then we cannot name one OKVED code that fully characterizes the licensed business.
For example, pharmaceutical activities that must be licensed include the manufacture of drugs, their storage, transportation, dispensing, and the wholesale and retail trade of drugs.
In OKVED-2, we will find the following codes corresponding to pharmaceutical activities:
- 21.20 - production of medicines and materials used for medical purposes;
- 46.46 - wholesale trade in pharmaceutical products;
- 47.73 - retail sale of medicines in specialized stores.
The same analysis and selection of codes should be carried out for other licensed areas. You can do this yourself or ask for help from lawyers-registrars. In some cases, their advice on the selection of OKVED codes turns out
