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Licensing
Untitled Document

What it is necessary to know for reception of the license?

The purpose:
Buying realization of kinds of activity concerning which the legislation establishes special restrictions.

That renders the greatest influence on efficiency of the decision:
Experience of enterprise activity.
Kind of activity.
Presence of the qualified experts.
The form of realization of enterprise activity.
Presence of the special equipment.

Sources of the information. Internet - resources:
http://www.dist-cons.ru/modules/mb-lno/lno/main.htm - Features of licensing.
http://www.arc.sakhalin.ru - the Russian-American Educational Centre of Business (Business preparation, consultations, information resources).

The regional organizations, capable to assist:
Regional Fund of support of business, Yuzhno-Sakhalinsk, street. Dzerzhinskogo, 15, оф.139, phone/fax: (4242 72-84-84, 72-82-9, e-mail: fpp@sakhalin.ru.
The Russian-American Educational Centre of Business, Yuzhno-Sakhalinsk. Street. Lenina 296, оф.1, ph.: (4242 672-53-53, 42-36-96. 42-32-85, e-mail: postmasterarc@sakhalin.ru.
Sakhalin regional public organization " Centre of support of small and average business ", Yuzhno-Sakhalinsk, street. Dzerzhinskogo 15, оф.143, 139, phone/fax: (4242 72-84-84, 72-82-92, 42-98-52, mailto:mmc65@mail.ru, http://bc.sakh.com, http://www.sakhalin.marketcenter.ru, http://www.mbs.marketcenter.ru,
• Open Company " guarantor - info ", phone/fax: (42542 422-444.

Normative documents:
The civil Code of the Russian Federation.
The federal law from 25.09.98 № 158-фз " About licensing separate kinds of activity (in red. 29.12.00).
The decision of the Government of the Russian Federation from 11.02.02 № 135 (red. 11.03.03) " About licensing separate kinds of activity ".
The law of the Russian Federation from 27.12. 02 № 184-ФЗ " About technical regulation "
The federal law from 02.01.00 № 29-ФЗ " About quality and safety of foodstuff " (in red. 30.06.03)
The decision of the Government of the Russian Federation from August, 13, 1997 № 1013 " About the statement of the inventory, subject to obligatory certification, and the list of works and the services subject to obligatory certification " (in red. 29.04.02)
Statutory acts of Gosstandart of the Russian Federation and other ministries and departments about realization of certification of the goods, works, services.
State standards (GOSTy) - are on each branch.
Decisions of the Government of the Russian Federation, licensings of concrete kinds of activity establishing(installing) the order (plenty).

Regional normative documents:
The decision of Administration of the Sakhalin area from 20.09.02 № 113-ПА " About licensing separate kinds of activity ", with " the List of regional enforcement authorities of the area which are carrying out licensing " (according to the Decision of the Government of the Russian Federation from 11.02.02 № 135 " About licensing separate kinds of activity ").

The basic data and recommendations:


The license is a special sanction to realization of a concrete kind of activity at obligatory observance of license requirements and the conditions, given by licensing body to the legal person or the individual businessman.

1. For specification of necessity of reception of the license it is necessary to address to the Decision. The governments of the Russian Federation from 11.02.02 № 135 (red. 11.03.03) " About licensing separate kinds of activity ". By each licensed kind of activity the Government of the Russian Federation establishes special order of realization of the licensing, the determining among other and full list of documents which should be given by the competitor for reception of the license.

Features of licensing in the Sakhalin area are described in the Decision of Administration of the Sakhalin area from 20.09.02 № 113-ПА " About licensing separate kinds of activity ", with " the List of regional enforcement authorities of the area which are carrying out licensing " (according to the Decision of the Government of the Russian Federation from 11.02.02 № 135 " About licensing separate kinds of activity ").

Positions of the new law on licensing are distributed to numerous kinds of activity. According to his(its) positions the list of kinds of the activity subject to licensing has essentially changed. One kinds of activity are excluded from him(it), and others, on the contrary, are included.

The order of licensing of separate kinds of activity.
Powers on licensing now are concentrated " in hands " at federal enforcement authorities and enforcement authorities of subjects of the Russian Federation. Earlier them local authorities had also.

The order of licensing has essentially changed. The minimal validity of the license is prolonged since 3 years till 5 years. The rule is kept be agrees to which regulations about licensing of a concrete kind of activity can termless action of the license is stipulated.

The list of the documents submitted in licensing body for licensing, practically has not changed. It(he) has replenished only one document. So, now at reception of the license also it will be necessary to present data on qualification of workers of the competitor of the license.

Let's note, that in the new law on licensing the norm according to which the list of the documents given in licensing body for reception of the license, could be expanded is kept. But if earlier, the requirement about representation of additional documents according to clause(article) 10 of the law about licensing 1998 could contain in regulations about licensing of this or that kind of activity, now - in federal laws or statutory acts which acceptance is stipulated by the specified federal laws.

It is necessary to pay attention to substantial growth of terms of "work" of licensing bodies. In particular, term of consideration of documents is twice increased at reception of the license. So, now according to item(point) 2 of clause(article) 9 of the new law the license will be given out within two months. Term of renewal of the license also is twice increased. Positions of clause(article) 11 of the new law on licensing will allow licensing bodies to consider(examine) the documents submitted for renewal of the license within 10 days.

To change some terms concerning competitors of the license have undergone also. In particular, term for submission of documents is increased in case of loss of the license or transformation of the legal person. So if earlier to address in licensing body it was necessary immediately now it can be made within 15 days.

Let's note, that regulations about stay and cancellation of licenses practically have not changed. The norm is new, clauses(articles) 13 of the new law contained in item(point) 1 about licensing and fixing duty of the licensee to notify licensing body on elimination of the admitted(allowed) infringements of license requirements when such infringements have entailed stay of action of the license. We shall remind, that earlier the law on licensing 1998 contained only a duty of licensing body to renew action of the license in case of elimination of infringements of license requirements. Now the given duty is put depending on performance by the licensee of the duty under the notice of licensing body on elimination of the admitted(allowed) infringements.

Except for it, we shall note, that the new law on licensing did not include norm according to which the license of the competitor was subject to cancellation if within three months it(he) did not pay license gathering. Now the licensee can receive the license after payment of license gathering, thus it(he) is not limited to any terms under fear of cancellation of the license.

In summary we shall tell some words about the new sizes of license gathering. So, now for renewal of the license gathering at a rate of 100 roubles (earlier - 1/10 MROT), for consideration of the application for licensing – 300 roubles (earlier - 3 MROT), for granting of the license – 1 000 roubles (earlier – no more than 10 MROT) is raised.

2. For specification of the maintenance(contents) of the documents represented for reception of the license, it is possible having addressed in the body which is giving out the license which also is defined(determined) in the decision of the Government about licensing and the Decision of Administration of the Sakhalin area.

 

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