The concept of a licensing system is most often used in a broad sense. By it is meant the establishment of a legal framework guaranteeing control by state bodies over the commission of certain actions or the receipt of specific powers by individuals and legal entities. The licensing licensing system is a large-scale institute of jurisprudence, covering numerous branches of legal relations.
Despite the fact that the issue of the functioning of the licensing system in the scientific literature has been revealed quite deeply and thoroughly, theoretical lawyers practically do not talk about the role of the executive branch of government in the functioning of the most complicated mechanism. So, what is a licensed system, what is its essence and features?
Briefly on the licensing activities of state bodies
Licensing and permitting activities are carried out exclusively by representatives of sovereign structures, because its fundamental goal is to ensure security at the national level. It is easy to agree that even certain areas of socially important matters can cause serious damage if they are unprofessionally engaged in them, ignoring rules, instructions, standards. These include the use of weapons, the production of cars, etc. Accordingly, such activities can only be carried out with the permission of the relevant competent authority.
Federal Law No. 99 “On Licensing of Certain Types of Activities” is the fundamental regulatory basis used by permitting structures in their professional activities and serves as a direct embodiment of the principles for carrying out licensing activities in Russia. These include:
- consolidation in legal norms of an indirect or direct prohibition - it is established that one can engage in a certain type of activity only after obtaining permission;
- performance of licensing and permitting work in the conditions of organizational disobedience;
- control and supervision of compliance by entities that received permits with the rules for the implementation of relevant activities;
- the use of legal coercive measures against violators and bringing to legal liability.
What are licenses, their main varieties and purpose
Today, most types of permits are called licenses. In this case, citizens use other names:
- right to drive (vehicle);
- admission (to work with increased danger);
- quota (for temporary residence of a foreign citizen in the territory of the Russian Federation);
- qualification certificate (driver test card).
Meanwhile, it is important to distinguish permits issued to citizens and organizations within the framework of the licensing system from phenomena that are similar but have a different purpose. Thus, permits issued by management on a one-time basis exclude the possibility of coercive influence on subordinates, and the one-time issuance of such documents as, for example, permission for an early marriage does not jeopardize public safety, and therefore does not require further supervision. Another striking example is a document on education: a diploma attesting to the graduation of a university allows a person to hold a particular position.
But, despite the fact that the diploma itself has an unlimited shelf life, it is not a guarantee of appointment. For the implementation of professional activities, as a rule, obtaining a license is required.
Features of the territorial validity of permits
State bodies with sufficient competence in this legal field issue permits to the applying entity for a separate type of activity. It is worth noting that the license issued by federal authorities has no territorial restrictions on use.
In the case when the permit is issued by the regional authorities of a particular subject, it is possible to deal with the relevant case exclusively within its territorial borders. Thus, the licensed (permissive) system in Moscow has both a number of differences from systems operating in other constituent entities of the Russian Federation and a host of similarities. For example, in the majority of Russian regions, including the capital, there are CLRRs that ensure the uninterrupted operation of the licensing permit system in the entire state. From St. Petersburg to Vladivostok, from Arkhangelsk to Orenburg - the Centers for Licensing and Permitting provide citizens with advisory assistance in obtaining permits.
Validity of the issued license
At the federal level, adopted permits for a certain type of activity may have an unlimited duration. In most cases, the minimum licensing period for a subject is a three-year period. Upon the expiration of the license, the relevant activities should not be carried out.
If you change the occupation, you will need to re-obtain permission to carry out activities. The licensing and authorization system operates in a special administrative mode, and therefore involves the implementation of specific legal actions, the sequence and principle of which are approved by specialized regulatory legal acts.
Stages of licensing: the path to obtaining a license
The concept of “permitting production” has a close terminological connection with the definition of the licensing system, but in contrast to it, it helps to imagine what stages the given administrative process contains and what each of them represents:
- preliminary - the stage of the initiation of proceedings;
- stage of examination, familiarization of the competent authorities with the documentation provided, etc .;
- decision making and its implementation;
- subsequent supervision of compliance with the rules by persons legally licensed.
Production in a licensed (permissive) system in some cases also implies the presence of additional stages: accreditation (to be able to carry out already permitted activities), renewal of a license and use of coercive measures. These stages are optional, i.e., arise as a result of the previous stages.
How to apply for a permit (license)?
The beginning of licensing proceedings is a relative ban, which, combined with private interest, prompting the interested party to apply for a license, is a fundamental factor in initiating licensing proceedings. Meanwhile, the application from the subject must be preceded by a certain preparation - the collection of relevant documentation, the implementation of organizational measures, payment for the services of the body of the licensing system, which should not exceed three minimum minimum wages.
Registration of an application confirms the institution of a permit case, which implies the obligation of the power subject to review the appeal and check whether the applicant has complied with the permit requirements and whether the specifics of the chosen field of activity comply with legal principles, environmental, sanitary standards and fire regulations. In some cases, the applicant is requested to have the appropriate premises, their technical equipment, qualifications of employees, etc., which is reflected in 99 Federal Law “On the licensing of certain types of activities”.
Why refuse to issue licenses: reasons
In accordance with the same legislative act , the terms for consideration of the application are determined - after 30 days, the person who has submitted and submitted the documents must be granted permission or refused. Most often, the causes of negative decisions of the competent authorities are:
- the provision by the applicant of false information;
- non-compliance of the subject with the legal requirements and conditions for obtaining a license.
The last paragraph has a broader meaning, therefore, it may include many reasons for refusing to issue a permit to carry out a certain type of activity.
For example, in the legislation governing the implementation of
private search and protection, citizens are denied a license if:
- non-compliance with age criteria (the applicant must not be younger than 21 years old);
- finding a person at the dispensary in a neuropsychiatric or narcological medical institution;
- indictment of an unlawful act incriminated by criminal law;
- criminal record;
- forced dismissal in the rank of civil servant (including from law enforcement agencies, judicial instances), the cause of which could be a disciplinary compromising misconduct.
If the applicant receives a waiver from the licensing authority, he may apply for an independent examination. The subject has the right to choose an organization that has the appropriate accreditation. The examination is carried out in a limited period, which should not exceed two months from the date of the negative decision to issue a license.
The specifics of obtaining weapons storage permits
As a rule, obtaining permission by the applicant serves as the final executive stage, but in some cases the stage of implementation of the decision is delayed. A vivid example is the procedure provided for in the 150 Federal Law “On Weapons”. Having received a permit, the applicant has the right to purchase firearms, but after the purchase must be registered with the Department of Internal Affairs within the next 14 days. Only after this, the owner of the weapon is issued a permit to store it. Thus, the licensing and authorization system for weapons is characterized by the requirement to perform an additional action: first obtain a permit for the acquisition, and after it - for storage.
In addition, at the stage of execution of the decision, the duties of the authority that issued the license also include entering the necessary data into the register (information about the licensee, validity of the permit, brief description of the type of activity). In the future, data will be entered into this registry about whether the license was suspended, whether it was subject to restoration or cancellation. Moreover, the information contained in the registry is not confidential. At the request of state bodies and law enforcement agencies, it is provided free of charge, individuals and enterprises will have to pay the prescribed fee to get acquainted with the information in the registry.
State supervision of licensed persons
The weapons licensing system implies an element of mandatory supervision over the implementation by the owners of the rules for ensuring public safety. If the licensee, together with the permit document, acquires the right to engage in certain activities, then the competent authorities have the right to monitor and verify whether the legal requirements, rules and conditions are fully observed. In the 150 Federal Law "On Arms" a list of objects is noted, the supervision of which is carried out by law enforcement agencies. They include not only weapons (including service, smoothbore, gas pistols, etc.), but also cartridges for it, explosive materials. Under the close attention of the internal affairs bodies are enterprises manufacturing or selling weapons, as well as repair workshops for weapons workshops, security companies, and shooting ranges.
The competent authorities and structures of the Ministry of Internal Affairs in the licensing system have the right:
- unscheduled inspections for compliance of activities carried out by the licensee with the requirements of the law;
- send a request for obtaining from the license holder the necessary certificates, clarifications;
- draw up inspection protocols (indicate the results in acts, pay attention to identified violations);
- make decisions that oblige the verified person to eliminate the discovered violations in a limited time;
- issue a warning about the suspension or revocation of permission.
The purpose of the licensing system, its role for the state
Law enforcement authorities are competent in other matters relating to the performance of the supervisory function. Thus, the licensing (permitting) system of Russia pursues preventive goals, since it is aimed at preventing the grave consequences of ignoring the legal regulations governing the circulation and use of dangerous items, substances, and activities that are of fundamental importance for modern society. The licensing (permitting) system allows the state to objectify its own managerial and law-making model by fixing appropriate organizational measures.
As a rule, licensing authorities simultaneously perform administrative oversight functions. Sovereign supervisory and control bodies that are part of the state licensing system must inform the licensing authority of any violations found. The owner of permits, in turn, does not have the right to interfere with inspections, must provide the required information and provide supporting documentation.