Licensing as a type of activity. Do I need a license for construction work

Not all entrepreneurs know if their LLC needs a license. Therefore, you should immediately give an answer: sometimes it is necessary, but not always. When is it needed and when it is not? Let's figure it out. And before that, you should definitely understand the definition of the license.

A license is a special permissive document that is issued to an enterprise and allows it to legally engage in any special type of activity. The fact that an LLC has a license also implies that the technical, professional and other characteristics of the company itself and its employees meet the required level.

Licensed activities

Today, only a few types of activities are subject to compulsory licensing. This is:

• private investigation;
• medical and pharmaceutical activities;
• air and rail transportation;
• transportation of passengers and goods by water and road transport.

Such a laconic list has existed not so long ago - since 2002. Before that, the list was much more extensive and was constantly changing. Changes now occur much less frequently. But they still happen, so it always makes sense, before opening an LLC, to familiarize yourself with the latest editions of laws.

Who issues the license?

This document is issued by an authorized licensing commission. Its composition in each case is approved separately. The reason for this variability is that the commission must necessarily include competent specialists in a particular type of activity. They can assess the compliance of an LLC with the required level not only from a formal, but from a professional and technical point of view.

More powers are always open for an LLC than for an individual entrepreneur. For example, LLCs can engage in veterinary activities, unlike individual entrepreneurs, because some medicines for animals have had the status of drug-containing drugs since 2008, and to work with them, a special license is required, which cannot be issued to individual entrepreneurs - only to legal entities. And there are quite a few such examples in the legislation. Individual entrepreneurs do not have the right to engage in even such a demanded type of activity as the sale of alcohol. LLC licensing is much more variable - but it always takes longer to deal with it.

Liability of the license holder

LLC bears full responsibility to regulatory organizations. In many cases, this is Rospotrebnadzor, but many other supervisory authorities operate on the territory of the Russian Federation. Any of them has the right to conduct a scheduled or unscheduled inspection of the LLC's compliance with the license requirements. If violations are revealed, then, depending on their severity, a warning may be issued, a penalty may be imposed in the form of a fine, or (in especially "serious" cases) the enterprise may be revoked from the license. This means that the right to engage in these activities on a legal basis.

The best way to avoid such problems is not bribes at all, but strict compliance. If it was possible to go through the licensing procedure when opening an LLC, then the task of the management comes down to maintaining the same conditions at the enterprise. In this case, any check will not be scary, since it will only establish that the firm still meets the requirements.

In some cases, liability is limited to reporting. In other cases, LLC is responsible for other parameters. For example, if we are talking about the tourism business, then the LLC employed in it must provide the Financial Guarantee Service with confirmation that the company's accounts have an insurance deposit in the amount of at least 10 million rubles.

What documents are needed to obtain a license

When an LLC needs a license, it is required to collect a list of documents according to the legislative list. This list has not changed for quite a long time, but it will always be useful to clarify it during registration. So, you need to collect the following documents:

• an application for a license in accordance with the form established by law. In the application, you must indicate personal data: last name, first name and patronymic; metric data: details of the identity document, place of residence. Of course, it is necessary to indicate what type of activity a license will be required for;
• a copy of the OGRN certificate certified by a notary, that is, on the state registration of a legal entity. When submitting documents, you can present the original - then a copy will not need to be certified;
• a notarized copy of the TIN;
• documents confirming the specialization and / or qualifications of the LLC employees. It can be in each specific case, different documents: various certificates, diplomas, attestations. The official list of such documents has not been approved, since there are too many forms of obtaining professional education. The main thing is to confirm that the employees of the company have the necessary qualifications. If they really do have it, then they themselves will know exactly what documents to confirm this;
• a receipt for payment of the license fee (a special fee paid in accordance with the procedure established by law for the work of the commission).

Issuance procedure

After, together with other documents, the founder or founders of the LLC submit documents for obtaining a license, a date is set for the meeting. The composition of the commission is being formed. Founders can be invited to the meeting to ask questions of interest to the members of the commission. Therefore, you need to know in advance when the meeting will be, and, if possible, do not plan anything for that day.

The founders of the LLC do not need to participate in the work of the commission. If they are invited, it is only to ask questions, as well as with a request to provide additional documentary evidence of competence. For example, if you need to confirm the qualifications of an employee with a specific document, then he will be asked to bring and show. Perhaps it will also be an agreement for the lease of premises, a technical passport of special equipment or any other document, depending on the type of activity of the LLC.

After the commission makes a decision, the applicant is informed about it. There are only two options. The first is permission, after which it will be necessary to get a license on hand at the appointed time. The second option is a refusal to obtain a license. In this case, there is no need to despair. First, the refusal is motivated (it cannot be given “just like that”, without explanation). Secondly, there is no time limit during which you cannot reapply. Therefore, you can find out about the inconsistencies, eliminate them and immediately reapply.

Licensing is one of the forms that enables the state to regulate entrepreneurial activity and control the qualifications of entrepreneurs providing services that require compliance with regulatory requirements, regulations and standards.

Licensing covers such activities, the implementation of which is associated with possible damage to specially protected objects. These in the Russian Federation include health, morality and defense. In the list of activities that need licensing, you will see geodetic activities, sea and water transportation, medical equipment maintenance, weapons development, auditing, etc.

Licensing activity to some extent guarantees the quality of the services that this organization provides to you. To obtain a license, among other things, it is required that the specialists working in it have a certain level of qualification and, in addition, use special equipment and tools, software. In addition, the controlling licensing authority has the right to withdraw the license from the enterprise if its rules and requirements are violated. In this case, the company may even be brought to administrative or criminal liability.

A license can be issued for a period of 5 years, after which it is necessary to re-submit the documents required to obtain it. Some types of licenses are available indefinitely.

The license serves as a confirmation of the legality of the services provided and the fact that you can present and use their results freely. The measures taken against the violators of the licenses allows us to hope that all the conditions and procedure for the activities indicated in it were strictly observed.

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Many entrepreneurs who want to start their own business in the field of trade are often faced with the fact that the goods they plan to sell may be under state control. This means that in order to carry out trading activities, the organization must obtain a license from the state.

Until recently, there was law No. 128-FZ, issued in 2001, "On licensing certain types of activities." Changes and additions were regularly made to it, in particular, the latest changes entered into force on January 1, 2011. However, our legislators did not calm down on this, and in May 2011 they issued a new law No. 99-FZ with the same name, which came into force on November 3 of this year. At the same time, on October 19, and then on November 21, changes have already been made to it. Fortunately, this had little effect on the activities of trade organizations, because the list of licensed species for them remained the same.

So, a trading license is required:

If you are going to sell technical devices aimed at obtaining unspoken information;

If you plan to sell counterfeit-proof printed products (including security blanks);

If your goods include ammunition and other types of weapons;

If you want to sell scrap of ferrous and non-ferrous metals;

If your company will sell medical and pharmaceutical products (including psychotropic and narcotic drugs).

A separate law (No. 171-FZ "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products") regulates retail sales of alcoholic products, which implies an annual payment of a state duty of 40 thousand rubles for a license valid for 1 to 5 years. Licenses are issued, for example, in Moscow by the Department of Trade and Services, in St. Petersburg - by the Committee for Economic Development, Industrial Policy and Trade, in the regions - by similar state institutions with appropriate powers.
It should be noted that until recently, obtaining a license to trade in alcohol concerned only products with an ethyl alcohol content of more than 15%.

However, in July 2011, the President signed amendments to the law, which state that now licenses must be obtained for the sale of alcohol with a strength of more than 5%, and beer and other low-alcohol drinks were equated to

A license is a permit for the right to carry out a specific type of activity, which is issued by a special licensing authority. To obtain a license, the applicant must meet certain requirements and pay a state fee.

Who needs a license?

Article 12 of the Law "On Licensing Certain Types of Activities" dated 04.05.2011 No. 99-FZ provides a list of activities for which licenses are required. There are 51 of them, among them:

• activities related to encryption and protection of information;
• activities related to weapons and military equipment;
• production of drugs and medical equipment;
• security and detective activities;
• provision of communication services, television and radio broadcasting;
• production of copies of audiovisual works, computer programs, databases and phonograms on any media;
• educational activities;
• pharmaceutical and medical activities;
• transportation by water and air;
• railway transportation of passengers and dangerous goods;
• carriage of passengers by vehicles equipped for the transport of more than eight people.

License Requirements

A license can be obtained only if certain requirements are met: availability of a technical base (premises, equipment, special documentation); employees of the required qualifications and specialties; production control systems; the size of the authorized capital, etc. These requirements are given for each type of licensed activity in separate Provisions approved by Government decrees.

For example, the licensing requirements for the carriage of passengers by road are specified in Government Decree No. 280 dated April 2, 2012. The applicant for such a license must have:

• vehicles that meet the technical requirements for the carriage of passengers and are equipped with GLONASS satellite navigation equipment;
• premises and equipment for the maintenance and repair of vehicles;
• drivers of vehicles who have entered into an employment contract with him or an agreement on the provision of services, who have the necessary qualifications and work experience, as well as who have passed a medical examination;
• a specialist performing a pre-trip medical examination of vehicle drivers or having an agreement with a medical organization or individual entrepreneur holding an appropriate license.

You can familiarize yourself with the requirements for issuing licenses for your type of activity by contacting the appropriate licensing authority. We will consider the requirements for obtaining a license to sell alcohol below, in a separate section.

Documents for obtaining a license

The licensing authority must submit an application for a license and a package of supporting documents specified in Art. 13 of the Law of 04.05.2011 No. 99-FZ. Taking into account that the types of activities controlled by different services are subject to licensing, the forms of such applications will differ. For example, we suggest that you familiarize yourself with the application for a license for passenger road transport.

The application must indicate the name, organizational and legal form, location of the applicant; licensed type of activity; TIN; data of extracts from the USRIP or the Unified State Register of Legal Entities; information about the payment of the state duty.

In addition to the application, copies of documents are submitted, the list of which is determined by the regulation on licensing of a specific type of activity and which testify to the applicant's compliance with licensing requirements, as well as an inventory of all documents. About what kind of documents are needed, you need to find out from the licensing authority or independently find the appropriate regulatory legal act.

The need to submit notarized constituent documents has been canceled by the law of 10/14/2014 No. 307-FZ, so if such copies are required from you (and they are still indicated in some Administrative Regulations for obtaining licenses), you can refuse to fulfill such a requirement by referring to this law.

The list of information specified in the application and the list of documents attached to it is exhaustive (Article 13 (4) of the law dated 04.05.2011 No. 99-FZ), that is, you should not be required to provide other documents.

How much does a license cost?

The amount of the state duty for a license is established by Article 333.33 of the Tax Code of the Russian Federation. The article is very long, so we will show you where to look. We find paragraph 1 subparagraph 92. The amount of state duty is 7,500 rubles for all types of licensed activities, with the exception of:

• banking operations (0.1% of the authorized capital, but not more than 500 thousand rubles);
• production, storage, purchase, supply of ethyl alcohol and alcoholic beverages (from 800 thousand to 9.5 million rubles);
• retail sale of alcoholic beverages - 65 thousand rubles for each year of the license validity period;
• entrepreneurial activity in the management of apartment buildings - 30 thousand rubles.

Draw your attention to - state duty is paid once for the entire duration of the license... In general, the term of the license is not limited, but for some types of activity it is established (with the possibility of renewal), for example, the term of an alcoholic license should not exceed five years.

In case of refusal to issue a license state duty is not refundable... In 2013, the Constitutional Court considered the case on the return of 40 thousand rubles to the applicant in connection with the refusal to issue a license for the retail sale of alcohol (Resolution of the Constitutional Court of 23.05.2013 No. 11-P). On this issue, even the judges themselves did not come to an agreement, one of them expressed a dissenting opinion, the essence of which is "Formally correct, but in essence - a mockery." Based on this, before paying for a license, we recommend that you first contact the appropriate licensing authority to make sure that you can meet the necessary requirements to obtain it.

How do I get a license?

After you have found the contacts of the licensing authority, prepared the necessary documents and paid the state fee, you need to apply for a license. Documents can be submitted:

• in person, when visiting the licensing authority;
• by registered mail with acknowledgment of receipt;
• in the form of an electronic document signed with an electronic signature.

Upon receipt of the documents, the license applicant is issued a copy of the inventory with a note on the date of admission (in person or by registered mail with acknowledgment of receipt). If an incomplete set or violation of the requirements is found in the submitted package of documents, then within three working days from the date of receipt of the application, the applicant is given (sent) a notice of the need to eliminate the violations within thirty days. After elimination of violations, a reasoned decision to consider an application for a license or to return an application is made within three working days.

If there were no complaints about the documents, then the decision to issue a license is made within five working days, and the license itself is handed over to the licensee or sent to him by registered mail with a notice within three working days after this decision. It is possible to obtain a license in the form of an electronic document, if it was indicated in the application.

The issuance of a license may be refused, then the decision on this must indicate the reasons for the refusal with references to regulatory legal acts or the details of the inspection certificate of the license applicant, if the refusal was based on non-compliance with license requirements.

A license is issued according to the standard form approved by the RF Government Decree of October 6, 2011 No. 826. If the license was damaged or lost, then you can get a duplicate of it in the manner prescribed by Article 17 of Law No. 99-FZ.

The license is valid on the territory of the entire Russian Federation, but if the licensee changes the region of activity, then he must inform the licensing authority of the subject of the Russian Federation (territory, region, republic) where he is going to work.

How to get an alcohol license?

The retail trade of alcoholic beverages, including beer, is a fairly popular type of activity of our users, so we will tell you in more detail how to obtain a license for alcohol. The licensing of this type of activity is regulated by special law No. 171-FZ of November 22, 1995. First, let's clarify the issue of selling beer (as well as beer drinks, cider, Poiret, mead).

Beer is an alcoholic product, but its implementation is regulated by separate provisions of the law. The sale of beer is not subject to special requirements for the retail sale and consumption of alcoholic beverages specified in Article 16 of Law No. 171-FZ, and you don't need a license to sell beer.

Since 2013, beer can be sold only in stationary facilities (stores), but there are no specific requirements for their area, as for the sale of other alcoholic products. In urban settlements, for the sale of beer, it is necessary to use a cash register even in UTII and PSN modes. And one more difference between beer and other alcohol - it can be implemented not only by organizations, but also by individual entrepreneurs.

As for alcohol in general, in addition to Law No. 171-FZ, obtaining a license for its production and circulation is also regulated by a special Administrative Regulation. The documents for obtaining a license for the production of alcohol are different from those for obtaining licenses for other types of activities. In our article we will look at the licensing requirements. only for retail sale of alcohol since it makes sense to consider the requirements for its production, storage and wholesale turnover separately.

To obtain a license, the applicant must:

• be a legal entity (individual entrepreneurs cannot sell alcohol, except for beer);
• own or long-term (from a year) lease of stationary retail facilities and warehouses;
• the total area of ​​such premises for retail sale of alcohol must be at least 50 sq. m in urban areas and at least 25 sq. m in the countryside;
• when selling alcohol in urban settlements, the licensee must use a cash register, even if he is a payer of UTII;
• have an authorized capital of a certain size (the requirement is established by regional licensing authorities), but not more than 1 million rubles.

Regional licensing authorities may establish other additional requirements, therefore, before collecting the necessary documents and paying the state duty, contact the appropriate regional department of Rosalkogolregulirovanie for detailed information. Their contacts, as well as the license application form, can be found in the Administrative Regulations.

Renewal, suspension and renewal of a license

If the licensee changes the data specified in Article 18 of Law No. 99-FZ, it is necessary to apply to the licensing authority for the renewal of the license. Reissuance is required in the following cases:

• reorganization of a legal entity;
• changes in personal data and place of residence of the individual entrepreneur;
• change of the legal address and name of the organization;
• changes in the address at which the licensed type of activity is carried out.

The procedure for reissuing a license is given in article 18 of Law No. 99-FZ, the size of the state duty ranges from 600 to 2600 rubles.

The licensing authority not only issues licenses, but also monitors the activities of the licensee. If, in the course of a scheduled or unscheduled inspection, violations of licensing requirements are found, then an order will be issued to eliminate them, and if this does not happen within the specified period, then license activity may be suspended(Article 20 of Law No. 99-FZ), During the period of suspension, it is prohibited to carry out licensed activities.

After the requirements of the licensing authority are met, the license is renewed. Information on the suspension and renewal of licenses is entered into a special register.

Cancellation and termination of the license

In case of failure to comply with the requirements due to which the order was issued or the license was suspended, it must be canceled at the request of the licensing authority. The license is terminated within 10 working days after such a court decision.

The license may be terminated and on a voluntary basis, if:

• an application has been submitted to terminate the licensed type of activity;
• the activity of an individual as an individual entrepreneur was terminated;
• the activity of a legal entity has been terminated (except for reorganization).

When the activity of an individual entrepreneur or legal entity is terminated, it is not necessary to report this to the licensing authority, this will be done by the tax inspectorate.

Responsibility for work without a license

For violation of licensing laws, administrative responsibility is provided:

• for activities without a license under article 14.1 (2) of the Code of Administrative Offenses of the Russian Federation: a fine for organizations from 40 to 50 thousand rubles, for individual entrepreneurs - from 4 to 5 thousand rubles, while confiscation of products, production tools and raw materials is allowed;
• for activities in violation of the terms of the issued license under article 14.1 (3) of the Code of Administrative Offenses of the Russian Federation: a fine for organizations from 30 to 40 thousand rubles, for individual entrepreneurs - from 3 to 4 thousand rubles;
• for activities in gross violation of the terms of the issued license under article 14.1 (4) of the Code of Administrative Offenses of the Russian Federation: a fine for organizations from 40 to 50 thousand rubles, for individual entrepreneurs - from 4 to 5 thousand rubles or administrative suspension of activities for up to 90 days;
• for activities without a license in the production and sale of alcohol under article 14.1 (17) of the Code of Administrative Offenses of the Russian Federation: from 200 to 300 thousand rubles with the possibility of confiscation of products, equipment, raw materials, semi-finished products, vehicles or other items used for production and circulation.

If, at the same time, activities without a license caused large damage to citizens, organizations, the state or brought income on a large scale (more than 1.5 million rubles), then it is possible to attract and to criminal responsibility under article 171 of the Criminal Code of the Russian Federation - a fine of up to 300 thousand rubles or arrest up to six months.

Quite often, when organizing a particular entrepreneurial activity, the question may arise whether a license is needed for an individual entrepreneur or not? In fact, the answer to the question may directly depend on what kind of activity the entrepreneur is going to engage in. Let's consider this issue in more detail.

What is a license

A license for an entrepreneur is a special document issued by an authorized state organization, which confirms that the license holder has the right to engage in the specified activity. It is understood that the owner complies with all necessary legal, technical, medical and other regulations designed to make his activities safe and consistent with quality standards.

Obtaining a license in Russia is necessary to engage in the following activities:

• sale of medicines and pharmaceuticals (pharmacy activity);
• provision of medical services;
• detective activity;
• any activity in the field of rail or air transport;
• and cargo by sea and river transport.

Legal basis for obtaining a license

Licensing of entrepreneurs, as well as persons with another legal form of organization (LLC and OJSC), is carried out by a special commission, which includes, in addition to authorized employees, experienced representatives of a particular profession.

Until 2002, the number of activities that were subject to compulsory licensing was measured in dozens. Then the number of such activities was reduced to a minimum in order to promote the development of small businesses. However, some of the legal requirements continue to change.

So, for example, it was quite possible to carry out veterinary activities, being an individual entrepreneur, until 2008. However, after that, some medicinal products for animals were classified as narcotic substances. Therefore, their use became possible only with the availability of an appropriate license, which sole proprietors cannot obtain - only LLC. As a result, some individual entrepreneurs in the field of veterinary medicine curtailed their activities, while others re-registered as LLCs.

Individual entrepreneurs are also not allowed to engage in certain types of activities, including:

• production, sale and purchase of narcotic drugs, poisons and certain types of drugs;
• development and design of military products;
• production and sale.

Why do I need to have a license?

Many entrepreneurs are trying to find a way to get around licensing laws. This is not the most sensible step, especially now, when Rospotrebnadzor has the ability to control activities almost anywhere in the city, and all settlement operations are carried out using data transmission networks. To avoid administrative fines and penalties for conducting activities without a license, you can always give preference to one of those activities for which licensing is not required.

However, it should not be forgotten that some types of products require, among other things, certificates of conformity. And for some activities it is necessary to have sufficient capital (for example, for insurance premiums in tourism). Legal requirements should not be taken lightly to avoid problems.

Knowing how to obtain a license for a particular type of activity, a future individual entrepreneur has the opportunity to prepare and provide for all the conditions specified in the relevant legislation. In some cases, you can even decide to organize an LLC or OJSC instead of an individual entrepreneur.

Requirements for obtaining a license

The specific requirements that apply to the intended recipient of the license strongly depend on the type of activity in question. So, if an individual entrepreneur plans to engage in medical activities (for example, to open a dental office) or to sell drugs in his own pharmacy, then the requirements are imposed not only on sanitary and not only on the premises. We are also talking about the qualifications of the employees who will be hired. Noticeable advantages in this case will be that the entrepreneur himself has a medical education and the organization of additional services for clients. These are optional conditions, but they can contribute to a positive decision of the licensing commission.

If we are talking about transportation for passengers, then it is necessary that the vehicle that will be used for these purposes undergoes technical control and complies with all safety standards. It is also necessary that the driver of the vehicle has the appropriate qualifications, and the route has been agreed with the authorized control organizations.

How to solve possible problems?

When an individual entrepreneur needs a license, he can face many small problems, including non-compliance with certain requirements (for example, lack of the necessary education). However, first of all, the problem of lack of knowledge on a particular issue may arise. To avoid this, you need to either familiarize yourself with the texts of the relevant laws, or contact competent specialists.

Of course, consulting services in this case will not be free, but they are guaranteed to avoid ignorance and any problems in the future that may arise if the requirements are not met. The presence of a license guarantees the entrepreneur peace of mind and the absence of unforeseen situations during the entire period of its validity. It will be possible to engage in the chosen activity without fear.

Since 2013, commercial organizations and individual entrepreneurs have received the right to provide services in the field of education on an equal basis with non-profit organizations. Educational services. We have previously reviewed the complete, in This article will show you how to obtain a license for an educational.

Who needs a license

First, let's find out when an educational license is not required. In the decree of the Government of the Russian Federation of October 28, 2013 N 966, which approved the regulation on the licensing of educational activities, only one such possibility is indicated. A license is not required if the services are provided personally individual entrepreneur... These are the services of tutors, private teachers, studios, circles, etc., where classes are taught by the entrepreneur himself, who has the appropriate education and work experience.

We draw the attention of individual entrepreneurs - if you hire other teachers, then a license for educational activities of an individual entrepreneur is required. At the same time, employees of a different profile who do not directly provide educational services can be hired without a license.

In the previous edition, the regulation on licensing educational activities allowed one more opportunity to work without a license - if, based on the results of training, a final certification was not carried out and a document on education was not issued. It is now possible to conduct trainings, seminars, lectures without a license, for the passage of which no supporting documents are issued, but such activities are not called educational, but cultural or leisure.

The list of services for which a license is required includes the following types of education: preschool, general, secondary vocational, higher, additional general education, additional vocational and education of religious personnel of religious organizations.

Obtaining a license for educational activities is a complex and lengthy process. Only consideration of documents and making a decision on issuing a license or refusing to issue a license takes 60 days. And before that, it is necessary to prepare a number of permits from other state bodies and develop our own educational programs. And yet, business in the field of education can be called profitable, so if you want to engage in this area, then you need to go through the licensing procedure once.

The license is issued indefinitely, and if you do not renew it, then you will not have to contact the officials on this issue.

License Requirements

The licensing regulation sets forth the following requirements for applicants in 2018:

• own or rented building (premises) corresponding to the declared educational programs;
• sanitary and epidemiological conclusion for this room;
• material and technical support of educational activities in accordance with the requirements of federal standards;
• compliance with the conditions for protecting the health of students;
• own developed educational programs;
• printed and electronic educational and information resources for these programs;
• full-time pedagogical workers or pedagogical workers hired under a civil law contract with professional education and work experience.

For a complete list of requirements, depending on the type of education, see the text of the Resolution.

In the regulations governing the licensing of educational activities, the issue of the organizational and legal form of the licensee is not quite clearly considered. The law on education No. 273-FZ provides the following concept of an educational organization: "a non-profit organization that carries out educational activities on the basis of a license as the main type of activity." The term "organization providing training" means a legal entity that conducts this activity as an additional one.

• educational organizations;
• organizations providing training;
• individual entrepreneurs engaged in educational activities.

A license for the right to conduct educational activities can be obtained regardless of the legal form and commercial orientation of the licensee. At the same time, an LLC can obtain a license for educational activities if this line of business is additional, and not the main one.

Documents for obtaining a license

The license applicant must provide documentary evidence that they have created all the necessary conditions for the provision of educational services. To do this, collect the following package of documents:

• application for a license;
• a document confirming the right to use the premises (a copy of the certificate of ownership, lease or sublease agreement);
• a copy of the charter of the LLC or a copy of the IP registration certificate;
• copy of the record sheet for the Unified State Register of Legal Entities or EGRIP;
• a copy of the certificate of tax accounting of an LLC or individual entrepreneur;
• copies of the conclusions of the SES and the State Fire Supervision Service on the compliance of the premises with the necessary requirements;
• certificate of conditions for the functioning of the electronic information and educational environment;
• information about printed and electronic resources;
• certificate of teaching staff;
• certificate of approval of educational programs;
• certificate on the conditions for obtaining education by students with disabilities;
• certificate of material and technical support;
• confirmation of payment of state duty in the amount of 7,500 rubles;
• list of documents.

Information forms are available on the website of the Ministry of Education.

Procedure for obtaining a license

Licensing of educational activities is carried out by Rosobrnadzor and regional executive bodies. You should contact Rosobrandzor if you plan to open:

• higher education institution;
• organizations of federal significance;
• a Russian organization located outside the Russian Federation;
• foreign organization on the territory of Russia.

You can make an appointment with Rosobrandzor online on the official website.

In other cases, contact the regional government bodies authorized to issue licenses. The contacts of these institutions are published on the Rosobrandzor website, to find them, select your region on the interactive map.

The procedure for obtaining an educational license consists of the following steps:

1. Study SNiP and SanPin for your direction of study.
2. Prepare the room and equip it according to requirements and standards.
3. Get the conclusion of the SES and the fire inspection on the premises.
4. Develop and approve educational programs.
5. Make sure that the teachers of your organization have the necessary documents about education, qualifications, work experience.
6. Purchase furniture, equipment, appliances, textbooks, teaching aids for conducting classes.
7. Pay the state fee for issuing a license.
8. Submit your documents to the licensing authority.

Documents are accepted according to the inventory, if deficiencies are found in them, then they are returned to the applicant for revision (up to 30 days). After that, the stage of verification of the reliability of the submitted information begins, and, moreover, not only documentary, but also with a visit to the site. Within 60 days from the date of registration of the application, officials issue a permit or a refusal to obtain a license.

Refusal must be motivated and possible on two grounds: inaccurate information or lack of conditions for the learning process. The state duty in case of refusal is not refundable.

What happens if you work without a license

The provision of educational services without a license is subject to administrative, tax and criminal liability. The amounts of fines can reach 500 thousand rubles, and the term of imprisonment can be up to five years. Of course, such a harsh punishment is rarely used when working without a license caused major damage or a large amount of income was received.

In addition, the provision of services without a license reduces the competitiveness of an educational organization:

• there are no benefits when participating in an auction for the right to lease municipal real estate;
• a document on obtaining an education or advanced training is not recognized;
• students studying at an unlicensed organization cannot receive a tax deduction for training costs;
• serious advertising sources do not accept ads from such organizations.