Licensing of entrepreneurial activity in the Russian Federation is carried out on the basis of the requirements set forth in Law 99-FZ, where part I provides a complete list of areas of entrepreneurship, the conduct of which requires the issuance of relevant permits (licenses). In the current version of the law, this list to date contains 49 names of these types.
It should be noted that the legislation in this area is becoming more liberal. The number of business lines subject to licensing is constantly decreasing. So, the previous version of the law contained a list of 105 items. It is also important that some of the provisions of this new law in terms of validity are not fully enforced. This is because it takes time to carry out appropriate activities to exclude certain activities from the lists. The modern version of the law provides that the licensing of activities in Russia that are excluded from the list is carried out according to provisional decrees of the Government of the Russian Federation.
Legal act No. 99-, which regulates the licensing of types of activities, is applied in all cases when the legislation establishes the need for licensing, except for the following cases:
1) the production of atomic energy;
2) the manufacture and circulation of alcohol-containing materials and alcohol;
3) actions to protect state secrets ;
4) lending activities;
5) exchange activity;
6) operations with assets;
7) the activities of investment funds and specialized depositories and their management;
8) the work of pension funds;
9) clearing activities ;
10) the implementation of insurance services.
For these areas of entrepreneurial business, special procedures are provided. They are established by specially developed and adopted regulatory acts. In addition, the licensing of activities in some areas may be carried out in accordance with other legislative acts of the Russian Federation, in particular, the provision of communication services, radio and television broadcasting, access to Internet networks, detective and security activities, and the provision of educational services. The legal succession of legislative acts is ensured by the provision of Act No. 99- that licensing of activities not specified in it shall be terminated immediately from the moment the law comes into force.
As provided by law, licensing of activities begins with the preparation of documents for registration of a license, which is unlimited in nature. Moreover, if the licensing rules and conditions were changed during the validity of a license already obtained, then after the expiration of its validity period only those that are licensed in accordance with the new law must be reissued. He also establishes that any information on licensing documents is open and must be provided upon request no later than five days from the date of the request.
To establish the accuracy of the information and verify the documents submitted by the applicant for licensing activities, 45 days are allocated from the moment the licensing authority receives documents from the applicant. The licensing and execution of relevant documents is universal and applies to the entire territory of the Russian Federation. The law does not establish any simplifications regarding its passage. During the procedure, which provides for the licensing of certain types of entrepreneurial activity, the documents that the applicant submitted to the licensing authority are checked, as well as visits of representatives of this authority along with prosecutors are possible to further familiarize themselves with the circumstances of the proposed business.