How is a license for a type of professional activity issued? How to get a license for educational activities

24.04.2018 State

IN Russian Federation there are activities that require mandatory licensing. Educational services also fall into this category. Those who do not have a permit risk administrative (and in some cases criminal) penalties and fines. In accordance with Russian legislation, most companies and individual entrepreneurs wishing to engage in educational activities must go through a licensing procedure. The only exceptions are a few types of services. For example, companies that provide seminars and lectures, but do not issue graduation certificates, may operate without a license.

It is important

In order to work legally in the market, you need to know how to obtain a license for educational activities. This will avoid trouble with the supervisory authorities. The procedure for issuing a permit is quite complicated, as it requires the preparation and submission of an extensive package of documents.

License to conduct educational activities - how to get?

In 2012, major changes took place in the legislative framework of Russia related to the licensing of education. Federal Law No. 273 was adopted, which corrected the legal sphere in the direction of tightening the rules. The next step was the approval of the Decree of the Government of the Russian Federation No. 966 of October 28, 2013. These documents made fundamental adjustments to the education sector of the Russian Federation. They have new requirements for applicant companies and individual entrepreneurs, the powers of local governments have changed, and the list of documents has been “transformed”. At the moment, government decree No. 966 indicates almost two dozen types of educational services that are subject to mandatory licensing.

Today, permits are issued not only to non-profit organizations. New laws have greatly expanded the scope of the legal field. Individual entrepreneurs who engage third parties in pedagogical work, and commercial companies conducting educational activities, must also obtain a license.

Many of the changes introduced by Law No. 273 of December 29, 2012 are designed for the long term. For example, this document obliges to reissue licenses issued in previous years, and certificates confirming state accreditation, before 01/01/2017. The government has determined the procedure for the procedure, detailing all the stages.

In addition to the above regulations, the educational industry of the Russian Federation is affected by Federal Law No. 99 of April 22, 2011. It, in particular, determines the punishment for non-compliance with the requirements of Russian legislation in the field of licensing.

Where to get a license for educational activities?

Permits are issued by Rosobrnadzor and structures that are part of local governments authorized to carry out such activities. For example, if the institution will work in the capital, then a package of papers must be submitted to the Moscow Department of Education. If the institution is going to operate in the Moscow region, then the documents must be sent to the Ministry of Education of the Moscow Region.

It must be remembered that the legislative framework of the Russian Federation contains many nuances. Therefore, before starting a license, it is advisable to consult with an experienced lawyer. If desired, you can entrust the process of obtaining permission to an intermediary company. Applicants who are incompetent in the matter of licensing risk losing a lot of time and effort, being left without required document. The experience of entrepreneurs who have encountered the problem of obtaining a permit suggests that this process is troublesome and difficult. Indeed, during the preparation period, it will be necessary to resolve issues with the SES, the State Fire Supervision Service and many other organizations. And interaction with them is not always fast and fruitful. Therefore, cooperation with intermediaries can significantly reduce the time and moral costs of the applicant. They know how to get a license to carry out educational activities without delay and delay.

Sequence of preparation

Before obtaining a license for the right to conduct educational activities, the applicant company must submit a package of papers to the appropriate authority. It consists of:

written statement
Identity document
Charter of the enterprise and (or) memorandum of association
Certificate of making an entry in the Unified State Register of Legal Entities
Documents that confirm the ownership (or other legal possession) of the property where educational activities will be carried out
Certificate of registration with the Federal Tax Service
Conclusions on the compliance of real estate with sanitary standards
Information about the material and technical support of the educational process in this institution
State duty payment receipts (marked by the bank)
Conclusions of the State Fire Supervision Service on the suitability of buildings and premises for conducting the educational process
List (inventory) of papers submitted to the licensing authority for obtaining permission

All copies of documents must be notarized, some of them must be presented along with the original.

Nuances:

If a division of an educational institution is opened, then data on the registration of a branch at the actual address, a decision on its foundation and the "Regulations on the branch" will be required. The latter must be approved in the relevant structure.

Institutions that have an educational unit that conducts vocational training must provide a copy of the "Regulations on the structural unit".

Before obtaining a license for additional educational activities or other types of services, you must contact the institution dealing with this issue. Since laws are constantly changing and supplemented, the list of papers may be adjusted.

Requirements

The new licensing procedure introduced significant changes in the legal sphere Russian education. Regulations adopted in previous years suggest a wide range of these requirements. Compared with previous decades, the process of obtaining a license has become seriously more complicated. For example, today applicants are required to have appropriate buildings, material and technical base, modern equipment.

How to get an IP license

Before registering their own business, all novice entrepreneurs have to look for answers to a lot of questions that will need to be addressed at the initial stage of establishing their business. As a rule, the first questions that have to be answered are how to go through the process of registering an individual entrepreneur, what taxes will have to be paid, in what, and so on.

At the same time, it is quite often overlooked that important question as licensing of the intended activity. Meanwhile, violation of the licensing legislation entails the imposition of even greater fines than, for example, violation of the provisions of the tax code. Therefore, before starting the first steps of registration, it is imperative to find out whether the intended type of activity is subject to licensing and, if so, how such a license can be obtained.

What types of IP activities are licensed

The regulation of licensed activities, as well as the determination of which types of activities need to be licensed, is carried out on the basis of Law 99-FZ “On Licensing Certain Types of Activities”. This law explains in detail how licensing takes place, which ones are licensed and how to obtain such a license.

In addition to the “obvious” licenses, such as the sale of weapons and ammunition, the use of atomic energy, the development of minerals, the production and distribution of alcoholic beverages, and so on, it is often necessary to obtain a license for the most, at first glance, “harmless” activities. You can find the full list of licensed types of activities in Article 12 of the 99-FZ (you can download the full text of the law at the end of the article).

There are many companies that support the licensing process. With their help, you can get an IP license with less time. Employees of such companies will help you find out all the nuances of obtaining a license in your field and advise on liability for violating the requirements of the law. The cost of services of such firms directly depends on what type of activity you want to obtain a license for.

How to get an IP license

You can start the process of obtaining an IP license for any type of activity only after completing the procedure for registering an entrepreneur with the Federal Tax Service. Once you have received a certificate of entry into the USRIP, you can begin to obtain an IP license.

The first thing you need to do is find out which body is responsible for licensing the type of activity you have chosen. This is typically the relevant ministry, highest oversight body, or federal agency. For example, private security activities are licensed by the Ministry of Internal Affairs, medical activity- Ministry of Health, communication services - Rossvyaznadzor, travel services - federal agency tourism and so on. You can either turn to the services of the Internet, or ask your “colleagues in the shop” where exactly you need to go to obtain a license.

Once you have figured out who exactly controls the licensing of your type of activity - go there or call. An employee of the relevant department should advise you on the procedure for obtaining a license, the amount and methods of paying the state duty, and the timing of registration. As a rule, the minimum set of documents to start the process of registering an IP license consists of:

general passport;
photocopies of the certificate of state ;
a notarized copy of the TIN or the original TIN and an uncertified copy;
license applications;
data on the qualifications of employees (if required);
license fee payment receipts.

In addition to the above, additional documents may also be required, which already depends on the specific type of activity for which an IP license is issued. These can be documents on the compliance of the leased premises with certain requirements, on the availability of special equipment and machinery or reference books, and the like (this also needs to be clarified at the first call or on the premises of the licensing authority).

When all the documents have been submitted, after the expiration of the period allotted by law (it also depends on the intended type of activity, but rarely exceeds 2 months), you can obtain a license and start operating. If the IP has not received a license, then the licensing authority will necessarily report the reasons for the refusal and ways to eliminate the shortcomings.

Responsibility for the lack of an IP license

The current legislation provides not only administrative, but also criminal liability for violation of the requirements of the licensing legislation. An individual entrepreneur bears criminal liability only in those cases when his activity, carried out without a license, caused harm to health, death or material damage on a large scale. In other cases, as a rule, an administrative fine is imposed:

from 20 to 25 minimum wages if the activity is carried out without a license;
from 15 to 20 minimum wages, if the activity is carried out with a license, but with violations of the requirements of the law.

Thus, before starting actual activities, be sure to check with the licensing law and clarify whether you, as an individual entrepreneur, need a license or not. If necessary, contact the regulatory authority, clarify the procedure for obtaining a license, wait for it, and only after that start working in this area.

Charles de Gaulle, saying "Always choose the most difficult path - there you will not meet competitors", did not mean the licensed activity of an entrepreneur in the Russian Federation. But perhaps this phrase will cheer up those who, against all odds, decided to connect their business with a direction that requires a license.

Any permit can be obtained in two ways: independently or with the help of specially trained people. The material of this article will make it clear what is to come in the first case, and what they pay for in the second.

We study the legal requirements for obtaining licenses

The first stage is theoretical and extremely necessary. As a result, you can evaluate:

are there any chances;
how difficult it is.

According to the tradition established by legislators, the licensing of each specific type of activity is regulated not by one, but by several documents. And to get a license, you have to partly study them.

most convenient and the right way to find up-to-date information is to use the legal systems ConsultantPlus (consultant.ru) or Garant (garant.ru). For example, we used the Garant system.

On the main page of the garant.ru website, in the search bar, we type: “administrative regulation on licensing” and the type of activity, as indicated in Article 12 of the Law on Licensing. For example: "administrative regulation on licensing private security activities."

The administrative regulations contain a list of all regulatory documents on the issue of obtaining a license in a specific line of business. That is why it is worth starting with this document.

By using the website of the legal system, you will receive an up-to-date document with active links to all other documentation.

So, we are fully armed with the regulatory framework, the following documents will be of greatest interest when obtaining a license:

Law on Licensing No. 99-FZ - general points and a list of activities subject to licensing;
Federal law relating to a particular line of business. For example, the Law on Education, the Law on Communications, etc. – establishes additional restrictions, not introduced for all business lines;
Regulation on licensing a specific type of activity - lists the requirements: who can obtain a license, and what criteria must be met (the document is approved by the Government, and in the list it will sound like a Government decree ... "On approval of the Regulations ...");
Administrative regulations for licensing a specific type of activity - describes the processes: how everything happens, and in most cases contains the necessary forms;
Orders of the licensing authority, approving the forms of documents. Not all supervisory authorities have decided to put some of the issues in separate orders, but this, alas, occurs.

In the course of clarifying questions on how to obtain a license, we will refer to the Licensing Regulations, the Administrative Regulations on Licensing (hereinafter referred to as the Regulations) and the Orders of the licensing authority, meaning the regulatory documents for a particular type of activity.

Licensing requirements are described in the Licensing Regulations (often this is paragraph 4), - we look and evaluate what conditions must be met in order to obtain a permit.

Complying with license requirements is the most important thing. This is what determines the possibility of success of the whole venture to obtain permission.

We fill out an application and prepare documents for obtaining a license

The application form for obtaining a license is approved at the level of the licensing authority. That is, for various kinds activity forms will be different.

Application form, which must be completed in order to obtain a license, can be found:

in an annex to the Regulations (as a rule, the form is approved by the Regulations) or in a separate Order of the licensing authority (then the Regulations will contain a link to the Order in the section where the regulatory documentation is listed);
on the site of the licensing authority. The list of territorial subdivisions, often with the indication of sites, is given in the Regulations. The site sometimes has an example of filling out an application;
in the Licensing Regulations (see the document on the website of the legal system, the item with the list of documents for obtaining a license), in most cases there is an active link to the application form;
at the stands of the territorial branch of the licensing authority, if you decide to go there (there will be a sample of filling out the form without fail). The name, address, phone numbers and hours of operation are in the Regulations.

List of documents for obtaining a license specified in the Licensing Regulations and Regulations. Also, this information can be obtained at the territorial branch of the licensing authority: on the website or in person (name of the branch, address, telephone numbers - in the Regulations).

It is better to include a copy of the payment document in the documents state duty. Although its absence cannot be the reason for refusing to issue a license (the main thing is payment), the need for a payment document is still contained in some regulations.

Payment of state duty: in order to obtain a license, it is necessary to pay a state fee in the amount of 7500 rubles. We take the details for paying the state duty on the website of the licensing authority, also this information placed on information stands in their premises. Recall that the name of the territorial branch of the licensing, address and contacts are indicated in the Regulations.

An inventory must be drawn up for the entire package of documents. In practice, an inventory in duplicate is often required. The inventory form, if approved, will be given in the Regulations, or the Regulations may establish what details the inventory should contain.

We send documents to the licensing authority

Where to get a license? The answer to this question depends on the type of activity chosen. A short way to find out is to look in the Licensing Regulations or in the Regulations. If you use the advice above and find the Regulations, the title of the document will indicate the licensing authority, and in a separate paragraph or in the annex - all the territorial authorities where to apply, and their coordinates.

The second option, go to. Almost every type of activity is provided with an active link to the relevant Regulation, in the first lines of which the licensing authority is indicated. If you are unlucky and there is no link - use the first option, it is a win-win, we checked.

By general rule You can obtain a license by contacting the territorial branch of the licensing authority at the place of registration of the IP (that is, at the place of registration of the entrepreneur).

But in some cases, a license can also be issued at the place of business (the licensing authority has the right to provide for such a procedure itself). If the Regulations do not contain unequivocal information on this issue, we recommend that you check with the licensing authority itself.

Documents can be submitted in person (take your passport), through a representative (power of attorney required) and by mail. Documents are accepted according to the inventory compiled by the entrepreneur, the second copy of which with a mark of acceptance will be returned to the individual entrepreneur.

If the set of documents is incomplete or the application is filled out incorrectly, the licensing authority will inform you about this, and you will have time (usually 30 days) to correct the shortcomings.

We pass the inspection of the licensing authority

The licensing authority will conduct an inspection after receiving an application for a license.

The verification can be carried out both documentary and on-site. Despite the optionality of an unscheduled on-site inspection, in practice it is impossible to obtain a license without it.

With documentary - the correctness of the submitted documents and the information specified in the application is checked. When visiting, compliance with licensing requirements is confirmed (for example, the premises are inspected, etc.).

We get a license

The decision to issue a license is made within 45 business days. If you eliminated comments on the submitted documents, the standard period starts from the moment the full package of documents is submitted.

It is not always possible to obtain a license within the allotted 45 working days, the licensing authority often requests additional clarifications on the documents (and according to some opinions, these are sometimes formal corrections solely to increase the regulatory deadlines). Therefore, if you receive a request to eliminate inaccuracies in documents, consider this the “norm” and just promptly correct it.

After the decision to issue a license is made, the licensing authority has three more days to hand over the license to you (under signature or by registered mail).

A license can be refused mainly in two cases:

there is inaccurate or distorted information in the application or documents;
During the audit, a discrepancy with license requirements was found.

Please note that in case of refusal to issue a license, the state fee is not refundable.

Deciding if you need to contact a specialist

Again, in this whole process of obtaining a license, compliance with license requirements plays the most important role.

Everything else - how to fill out an application according to the model, make copies required documents and transfer it to the required authority - you can clarify it in the Regulations and Regulations on Licensing, and if you have any questions - directly to the licensing authority. At the same time, troubles with documents can be corrected.

But if the issue concerns compliance with licensing requirements, this is more serious. An incorrect interpretation of the requirements or simply non-compliance with them is the reason for the refusal to issue a license and the loss of the paid state fee.

Therefore, when making the question “on your own or not”, pay attention to the licensing requirements in the Licensing Regulations: how clear and simple they are for you.

This will give you the opportunity to compare your strength with the cost of legal services. And the decision of the question, whether it is necessary to apply to a specialized organization, will come by itself.

The disadvantages of obtaining a permit on your own are the risk of losing the state fee in case of refusal and the cost of personal time. Pluses - saving money and, importantly, experience (after all, license requirements must be met even after obtaining a license).

If you delegate the issue of obtaining a license to lawyers, this option will help save time and reduce the risk of refusal. But even in this case, we recommend that you study the licensing requirements and get comments on all questions (if you pay money, get the maximum benefit).