As is customary in any country in the world, engaging in any type of activity in our country requires licensing. As provided by law, a license can only be obtained after an entrepreneur registers his status or legal entity. Such licensing of entrepreneurial activity also suggests that it will in time precede the very beginning of entrepreneurship.
The main law that regulates entrepreneurship and stipulates the essential conditions of a license agreement is the law "On licensing of certain types of activities." This legal act sets out the types of business for which an activity license is required. This law is quite variable, as necessary, various changes and additions are made to it, which are caused by changes in the business environment in a modern market economy. It is difficult to list all these changes in a short article; they are not difficult to find in the corresponding legal directories or on the Internet.
It should also be noted that the licensing of entrepreneurial activity is also regulated by a number of other regulatory acts that detail these procedures. For example, entrepreneurial activity in the field of the provision of educational services to the population is reflected in the relevant law - “On Education”. In the same way, these aspects are described in other industry documents.
As the Law establishes, the licensing of entrepreneurial activity is, in some cases, a mandatory procedure; its non-observance entails liability, even criminal. In addition, the law provides for restrictions on the types of unlicensed activities, that is, only legal entities can conduct certain types of it. So, when it comes to alcohol trade, it should be remembered that such activity cannot be allowed to individual entrepreneurs, it can only be carried out by legal entities, and then, subject to certain conditions that are clearly stipulated by federal or regional laws and regulations.
As practice shows, licensing of entrepreneurial activity is a rather troublesome and complicated procedure. This is due to the fact that it is necessary to collect a large number of documents, correctly and competently execute them, observe the established deadlines for their submission to the appropriate authorities. This issue can be solved by resorting to the services of professional specialists.
To carry out the licensing procedure, the following basic documents are required:
- a statement from the entrepreneur about the need to provide him with a license;
- originals or copies of constituent documents (originals are submitted if copies are not certified by a notary);
- receipt of state duty;
- originals or copies of documents that are necessary for licensing this particular type of activity, if necessary.
Provisions for licensing business activities for specific types and industries are reviewed and approved by the Government of the Russian Federation. He was also given the right to determine the bodies that carry out licensing in these sectors.
In the regions of the Russian Federation, special territorial bodies are created to conduct licensing activities, which consider applications from applicants and make decisions on them.
At present, the notification principle of starting a business has been legally introduced on the territory of the Russian Federation (effective from 1.07.2009), but it has not abolished licensing as a legal procedure, it simply requires the applicant to conduct registration and licensing procedures at the same time.