Where and how to obtain a license for any type of activity. Who does not require a license for educational activities?

The legislation regulating the sphere of educational services in Russia has changed quite significantly in recent years. On the one hand, now training can be carried out not only by government agencies, but also by commercial organizations, on the other hand, compulsory licensing of any such activity has been introduced. That is why the question of whether an educational license is needed in a particular case has become particularly relevant.

If you need a turnkey educational license without unnecessary bureaucracy, then order its registration from professionals.

Legislative acts determining the need for an educational license

Before considering the types of services when a license for educational activities is needed, it is necessary to list the main legislative acts regulating the field of education at present. These include:

• Law “On Education in the Russian Federation” No. 273-FZ, issued on December 29, 2012
• Law “On Licensing...” No. 99-FZ, signed on May 4, 2011
• Decree of the Government of the Russian Federation No. 966, dated October 28, 2013

The first two mentioned Federal Laws contain the main provisions regulating the provision of educational services. The recently adopted Law on Education contains especially many innovations. It contains an affirmative answer to the current and burning question of whether an educational license is needed.

Developed and signed somewhat later, Resolution No. 966 contains a specific list of services when an educational license is needed, as well as a description of cases when obtaining one is not required.

Types of educational services that require a license to provide

The above legislative acts provide for the mandatory receipt of a license for educational activities if an organization or individual entrepreneur provides services in preschool, general, vocational, additional vocational education or vocational training. For a more accurate idea of ​​the specific types of educational activities that are subject to licensing, each of them should be considered separately.

Preschool and secondary general education

A type of educational activity that absolutely every person encounters. After changes are made to federal legislation, such services can be provided by both non-profit and commercial organizations. At the same time, they are required to obtain a license.

Professional education

One of the most common types of educational services. It includes four levels:

• secondary vocational;
• higher education with a bachelor's degree;
• higher education with a master's or specialist's degree;
• higher education with the training of specialists of the highest category (postgraduate studies, internship, residency).

Only educational organizations have the right to provide vocational education.

Additional professional education

This type of educational services can only be provided by non-profit organizations. There are two main types of educational programs, the purpose of which is:

• training;
• professional retraining.

Professional education

Educational services for vocational training can also be provided by any organization, both commercial and non-profit. There are three types of programs:

• training of workers by profession, employees by position;
• retraining of workers and employees;
• advanced training of workers and employees.

The types of services listed above contain an almost complete list of situations when a license for educational activities is required.

Cases when a license for educational activities is not required

Currently, current legislation provides for only one case when a license for educational activities is not required. It represents a situation in which the service is provided personally by an officially registered individual entrepreneur. However, he cannot hire other specialists, working only independently. Examples of such activities are the services of a tutor, a private teacher with the necessary work experience and education. Also, without a license, personal running of clubs, sections or studios is allowed, carried out by an individual entrepreneur without the involvement of additional specialists.

Before the entry into force of Resolution No. 966, obtaining a license was not required in cases where, as a result of study, certification was not carried out and a final document on the education received was not issued. Examples of such situations are trainings, seminars or lectures. Recent changes have led to the fact that this activity can be carried out without a license, but this is due to the fact that it is not educational. According to the new classification, such services are classified as cultural or leisure.

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. Previously we looked at the complete In this article we will tell you how to obtain a license for educational.

Who needs a license

First, let's find out when a license for educational activities is not required. In Decree of the Government of the Russian Federation of October 28, 2013 N 966, which approved the regulation on licensing educational activities, only one such possibility is indicated. A license is not needed if services are provided personally individual entrepreneur. These are the services of tutors, private teachers, studios, clubs, 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 teaching staff, then a license for educational activities of an individual entrepreneur is required. At the same time, workers of other profiles who do not directly provide educational services can be hired without a license.

In the previous edition, the provision on licensing educational activities allowed for another 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 still possible to conduct trainings, seminars, lectures without a license, the completion of which does not require supporting documents, but such activities are not called educational, but cultural or leisure.

The list of services that require a license 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 reviewing documents and making a decision on issuing a license or refusing to issue it takes 60 days. Before that, we need to prepare a number of permits from other government 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, you need to go through the licensing procedure once.

The license is issued for an indefinite period, and if you do not re-register it, then you will no longer have to contact officials on this issue.

License requirements

The licensing regulations establish the following requirements for applicants in 2018:

• own or rented building (premises) corresponding to the declared educational programs;
• sanitary and epidemiological conclusion for this premises;
• logistics support for 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 teaching staff or engaged under a civil 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.

The regulations governing the licensing of educational activities do not clearly address the issue of the organizational and legal form of the licensee. The Law on Education No. 273-FZ gives the following concept of an educational organization: “a non-profit organization that carries out educational activities as its main activity on the basis of a license.” The concept of “organization providing training” means a legal entity that conducts this activity as an additional activity.

• educational organizations;
• organizations providing training;
• individual entrepreneurs carrying out 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 document that he has created all the necessary conditions for the provision of services in the field of education. 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 LLC charter or a copy of the individual entrepreneur registration certificate;
• a copy of the Unified State Register of Legal Entities or Unified State Register of Entrepreneurs;
• a copy of the tax registration certificate of an LLC or individual entrepreneur;
• copies of the conclusions of the SES and State Fire Supervision on the compliance of the premises with the necessary requirements;
• certificate on the 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 of conditions for obtaining education by students with disabilities;
• certificate of logistics;
• confirmation of payment of state duty in the amount of 7,500 rubles;
• list of documents.

Certificate forms are available on the Ministry of Education website.

Procedure for obtaining a license

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

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

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

In other cases, contact the regional government agencies that have the right to issue licenses. 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 field of study.
2. Prepare the room and equip it according to requirements and standards.
3. Obtain a conclusion from the SES and fire inspection for the premises.
4. Develop and approve educational programs.
5. Make sure that the teachers of your organization have the necessary documents on education, qualifications, and work experience.
6. Purchase furniture, equipment, technology, educational literature, and teaching aids for conducting classes.
7. Pay the state fee for issuing a license.
8. Submit documents to the licensing authority.

Documents are accepted according to the inventory; if deficiencies are found in them, they are returned to the applicant for revision (for up to 30 days). After this, the stage of checking the accuracy of the submitted information begins, not only documentary, but also with an on-site visit. Within 60 days from the date of registration of the application, officials issue permission or refusal to obtain a license.

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

What happens if you work without a license?

For the provision of educational services without a license, administrative, tax and criminal liability is provided. The fines can reach 500 thousand rubles, and the term of imprisonment can be up to five years. Of course, such severe punishment is applied extremely rarely when work without a license has caused major damage or large-scale income has been generated.

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 confirming receipt of education or advanced training is not recognized;
• students studying in an unlicensed organization cannot receive a tax deduction for training costs;
• serious advertising sources do not accept advertisements from such organizations.

The main regulatory document that regulates licensing is the Federal Law “On Licensing of Certain Types of Activities” No. 99-FZ dated May 4, 2011. Also, the specifics of licensing each type of activity are established by regulations approved by the Government of the Russian Federation.

Obtaining a license to carry out licensed activities is a legal requirement, so the question “why is licensing needed” does not arise, because Without obtaining a license, the state will not allow the enterprise to do business.

Let's figure out in what case and how to obtain a license.

When is a license needed?

The list of activities for which licenses are required is strictly defined in paragraph 1 of Art. 12 99-FZ. If an activity is not on the list, then permission is not required for its implementation.

A separate license is provided for each type of activity. which operates throughout the Russian Federation. You just need to notify the licensing authority of the region where you plan to expand.

The validity period of the license is unlimited, which means that it will not need to be changed unless the basic details of the organization or individual entrepreneur change.

Documents to obtain a license must be submitted immediately after state registration. Or before starting a licensed activity.

The requirements that an organization must meet in order to obtain a license and carry out activities are established by the licensing regulations for a specific type of activity.

For example, if you decide to engage in medical practice, then in order to obtain a license you must meet the following basic characteristics:

1. the premises must be owned or rented;
2. there must be medical equipment, devices necessary for the provision of services;
3. managers and responsible employees must have higher medical education, appropriate qualifications and work experience of at least 5 years;
4. employment contracts must be concluded with employees;
5. availability of quality and safety control.

There may also be restrictions on the organizational and legal form, for example, an individual entrepreneur cannot obtain a license for the production and sale of alcoholic products; licenses are provided exclusively to legal entities.

What documents are needed to obtain a license?

The following package of documents must be submitted to the licensing authority:

• application in the prescribed form;
• copies of the organization’s constituent documents, certified by a notary;
• necessary documents that may be established by the regulations on licensing a specific type of activity;
• list of attached documents.

The application form is established by the regulations on licensing a particular type of activity.

Methods for submitting documents:

• personally
• by mail with a valuable letter
• by proxy through a representative

It can also be done electronically, with an electronic signature. But in practice this method is now little used.

Where to apply and deadlines for obtaining a license

Licensing authorities are identified by type of activity in the List approved by Decree of the Government of the Russian Federation of November 21, 2011 N 957. You must contact their regional departments. For example, the Ministry of Emergency Situations carries out licensing of activities to ensure fire safety, the Ministry of Internal Affairs - security activities, Roszdravnadzor - pharmaceutical activities.

Within three working days from the date of submission of the application, the licensing authority makes a decision on consideration or return with a reasoned justification of the reasons for the return.

If the application reveals a violation of the requirements or the documents are not presented in full, then within three working days the licensing authority will issue a notice of the need to eliminate. 30 days are given for correction.

Within 45 working days from the date of receipt of the application and documents, the completeness and accuracy of the information is checked and a decision is made to grant a license. The decision is formalized by order (instruction) of the licensing authority. Within 3 working days after the license is signed by the licensing authority, it is handed over to the company.

In practice, unfortunately, it is not always possible to meet the deadlines established by law; the licensing authority will certainly try to find inconsistencies, which will delay the process of obtaining a license.

Checks

Companies that have received a license to operate are monitored, so an entrepreneur needs to be prepared for scheduled and unscheduled inspections.

Scheduled inspections are carried out on the basis of the approved schedule. For each type of activity, the frequency of inspections is different, the terms vary from one year to three years.

An unscheduled on-site inspection may be scheduled if:

1. the deadline for eliminating identified violations of licensing requirements has expired;
2. the licensing authority has received appeals and statements of gross violations of licensing requirements;
3. expiration of the period for which the license was suspended;
4. if the organization requests that the licensing authority conduct an unscheduled on-site inspection in order to establish the fact of early elimination of violations by the licensing authority;
5. by order (instruction) issued by the licensing authority in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation.

In this article we will tell you what types of activities you need to obtain a license for in 2019, and what the consequences of working without such a permit are, if it is required by law.

A license is permission from authorized government bodies to carry out certain types of activities.

Features of activities requiring a license

The areas of business subject to licensing were not chosen randomly. All of them require special technical conditions, qualified personnel, or can adversely affect the life and health of people, the environment, and cultural heritage. Among the licensed areas of business, there are also those that are associated with large financial flows (banks, credit organizations, securities market).

Not all licensed types of activities are available to individual entrepreneurs. The laws do not explain why this is so, but it is known that the state treats individual entrepreneurs as business babies. For entrepreneurs, fines are several times lower and tax benefits are greater. But, for example, licenses for the production and sale of strong alcohol will not be given to individual entrepreneurs. The maximum that will be allowed to sell alcohol is .

What activities require a license?

The largest list of licensed species is contained in Law No. 99-FZ of 05/04/2011, but besides it, there are several other laws, each of which regulates a separate area.

For example, the issuance of a license for the production and circulation of alcohol is controlled by Law No. 171 of November 22, 1995, for the activities of credit organizations - No. 395-1 of December 2, 1990, and for holding auctions - No. 325 of November 21, 2011.

List of licensed activities in 2019:

• Freight and passenger transportation by road (except for taxi activities), rail, water, sea, air transport
• Loading and unloading and towing of vehicles
• Security and detective (detective) activities
• Education of children and adults
• Production of medicines and medical equipment
• Activities in the field of medicine and pharmaceuticals
• Production and sale of alcohol
• Clearing and insurance activities
• Activities of credit institutions and non-state pension funds
• Trading and professional activities in the securities market
• Activities in the field of space and nuclear energy
• Activities to protect state secrets
• Activities related to encryption and special technical means for secretly obtaining information, protection of confidential information
• Activities in the field of information and telecommunication systems
• Communication services, television broadcasting, radio broadcasting
• Production and sale of special printed products protected from counterfeiting
• Production, testing, repair of aircraft
• Activities related to weapons, ammunition, military equipment
• Legal trafficking in drugs and psychotropic substances
• Conducting gambling through bookmakers and sweepstakes
• Procurement, storage, processing, sale of scrap metal
• Management of apartment buildings
• Industrial safety examination
• Operation of high-risk production facilities (explosion, fire and chemical hazards)
• Neutralization, collection, transportation of waste belonging to hazard classes I - IV
• Activities related to industrial explosives
• Activities related to the use of ionizing radiation sources
• Fire fighting, installation, repair and maintenance of fire safety equipment
• Use of infectious disease agents and GMOs
• Employment of Russian citizens abroad
• Production of copies of audiovisual works, computer programs, databases, phonograms on any media
• Geodetic and cartographic activities, hydrometeorology and geophysics, surveying work
• Preservation of cultural heritage sites.

Most often, individual entrepreneurs from this list choose cargo transportation, passenger transportation, medical and educational activities, and private investigation. The remaining licensed types of activities in 2019 require either the organizational and legal form of a legal entity or large financial investments.

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Responsibility for lack of a license

Failure to comply with legislation in the field of licensing is an administrative offense, which for individual entrepreneurs is punishable in accordance with the articles of the Code of Administrative Offenses of the Russian Federation/

Fines for working without a license

• 14.1 (2) – from 4 to 5 thousand rubles with possible confiscation of manufactured products, production tools and raw materials (activity without a license);
• 14.1 (3) – from 3 to 3 thousand rubles (failure to comply with the necessary licensing requirements);
• 14.1 (4) – from 4 to 8 thousand rubles (gross violation of the terms of the license).

Special fines for a license in the field of transport under Article 14.1.2 of the Code of Administrative Offenses of the Russian Federation are much higher:

• lack of a license - 100 thousand rubles with confiscation of the vehicle;
• violation of the terms of the issued license - 20 thousand rubles;
• gross violation of the terms of the issued license - 75 thousand rubles.

Although the amount of penalties for individual entrepreneurs is several times lower than for an LLC, criminal liability does not differ depending on the organizational and legal form. It occurs when income is received or damage is caused to the state or citizens in the amount of 2.25 million rubles (Article 171 of the Criminal Code of the Russian Federation).

OKVED codes and license

The applicant reports what kind of business the individual entrepreneur will engage in when registering with the tax office. To designate specific types of activities, digital codes according to OKVED (All-Russian Classifier of Types of Economic Activities) are used.

It is impossible to compare the list by OKVED codes with types of activities subject to licensing in Russia. The fact is that licensed areas are broader than a specific OKVED code.

How to determine whether OKVED is subject to licensing

For example, if you select an educational activity, then the following codes from OKVED-2 will correspond to it:

• 85.11: Preschool education
• 85.12: General primary education
• 85.13: Basic general education
• 85.14: General secondary education
• 85.21: Secondary vocational education
• 85.22: Higher education
• 85.23: Training of highly qualified personnel
• 85.30: Professional training
• 85.41: Additional education for children and adults
• 85.42: Additional professional education

Moreover, these are only four-digit codes, and if we take into account five-digit and six-digit codes, there will be even more of them. And if we take pharmaceutical activities, then this concept includes the sale of medicines, their storage, and the manufacture of medicines according to prescriptions.

The mere indication in the P21001 form of OKVED codes corresponding to the licensed direction does not oblige one to obtain a license. Only if an entrepreneur starts real activities, it is necessary to contact the licensing authority in advance.

However, some inspectors, and sometimes banks, are interested in whether you have a license if the corresponding OKVED codes are indicated in the extract from the Unified State Register of Individual Entrepreneurs. If you are not yet planning to work under a license, then for your own peace of mind it is not at all necessary to enter these codes in advance when registering an individual entrepreneur. You can always serve them later.

How to obtain an individual entrepreneur license

Licensing of certain types of activities is entrusted to authorized state bodies. You can find out which agency you need to apply for a license from Government Decree No. 957 of November 21, 2011.

We provide information on the most popular licensing areas among individual entrepreneurs in the table.

Each authorized body has its own official website, where you can find contacts of regional divisions and all the necessary information to obtain a license.

If, as an individual entrepreneur, you plan to engage only in licensed activities, then first study the licensing requirements. For example, to obtain permission to transport passengers by road, you must have:

• Transport equipped with GLONASS equipment;
• Premises and equipment for vehicle maintenance and repair;
• Drivers who have the necessary qualifications, work experience, and have passed a medical examination;
• A specialist for pre-trip medical examination of drivers or an agreement concluded with a medical organization for its conduct, etc.

A license is a permit 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 to get a license?

Article 12 of the Law “On Licensing of Certain Types of Activities” dated May 4, 2011 No. 99-FZ provides a list of types of activities for which licenses are required. There are 51 of them in total, among them:

• activities related to encryption and information security;
• activities related to weapons and military equipment;
• production of medicines and medical equipment;
• security and detective activities;
• provision of communication services, television and radio broadcasting;
• activities for the 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;
• transportation of passengers and dangerous goods by rail;
• transportation of passengers by vehicles equipped to transport more than eight people.

License requirements

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

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

• vehicles that meet the technical requirements for transporting passengers and are equipped with GLONASS satellite navigation equipment;
• premises and equipment for vehicle maintenance and repair;
• drivers of vehicles who have concluded an employment contract or a contract for the provision of services with him, have the necessary qualifications and work experience, and have also undergone a medical examination;
• a specialist who carries out a pre-trip medical examination of vehicle drivers or has an agreement with a medical organization or individual entrepreneur who has the 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

An application for a license and a package of supporting documents specified in Art. 13 of the law of May 4, 2011 No. 99-FZ. Considering that types of activities controlled by different services are subject to licensing, the forms of such applications will differ. As an example, we suggest that you familiarize yourself with the application for a license for passenger road transport.

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

In addition to the application, copies of documents are submitted, the list of which is determined by the regulations on licensing a specific type of activity and which indicate the applicant’s compliance with licensing requirements, as well as a list of all documents. You need to find out exactly what documents are needed from the licensing authority or find the relevant legal act yourself.

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

The list of information indicated in the application and the list of documents attached to it is exhaustive (Article 13 (4) of Law No. 99-FZ dated May 4, 2011), that is, you should not be required to provide other documents.

How much does a license cost?

The amount of the state fee for a license is established by Article 333.33 of the Tax Code of the Russian Federation. The article is very long, so we’ll tell you where to look. We find paragraph 1, subparagraph 92. 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 products (from 800 thousand to 9.5 million rubles);
• retail sale of alcoholic beverages - 65 thousand rubles for each year of license validity;
• entrepreneurial activity for managing apartment buildings - 30 thousand rubles.

Draw your attention to - The state duty is paid once for the entire validity period of the license. In general, the license term is not limited, but for some types of activities it is established (with the possibility of extension), for example, the term of an alcohol license should not exceed five years.

If a license is refused state duty is not refundable. In 2013, the Constitutional Court considered a case regarding 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 May 23, 2013 No. 11-P). Even the judges themselves did not agree on this issue; one of them expressed a dissenting opinion, the essence of which was “Formally correct, but in essence it is a mockery.” Therefore, before paying for a license, we recommend that you first contact the relevant licensing authority to ensure that you can meet the necessary requirements to obtain it.

How to 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, during a visit to the licensing authority;
• by registered mail with acknowledgment of delivery;
• in the form of an electronic document signed with an electronic signature.

Upon receipt of documents, the license applicant is given a copy of the inventory with a mark on the date of receipt (in person or by registered mail with acknowledgment of receipt). If an incomplete set of documents or a violation of the requirements is discovered 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 eliminating the violations, a reasoned decision to consider the application for a license or to return the 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 notification within three working days after this decision. It is possible to obtain a license in the form of an electronic document, if 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 details of the inspection report of the license applicant, if the refusal was based on non-compliance with licensing requirements.

A license is issued according to a standard form approved by Decree of the Government of the Russian Federation of October 6, 2011 No. 826. If the license has been damaged or lost, you can obtain a duplicate in the manner prescribed by Article 17 of Law No. 99-FZ.

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

How to get a liquor license?

Retail sale of alcoholic beverages, including beer, is a fairly popular activity for our users, so we will tell you in more detail how to obtain an alcohol license. 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, poire, mead).

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

Since 2013, beer can only be sold in stationary facilities (shops), but there are no specific requirements for their area, as for the sale of other alcoholic products. In urban settlements, to sell 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, obtaining a license for its production and circulation, in addition to Law No. 171-FZ, is also regulated by special Administrative Regulations. The documents for obtaining a license for the production of alcohol differ from those submitted for obtaining licenses for other types of activities. In our article we will look at licensing requirements only for retail sale of alcohol, because It makes sense to consider the requirements for its production, storage and wholesale circulation separately.

To obtain a license, the applicant must:

• be a legal entity (individual entrepreneurs cannot sell alcohol other than beer);
• own or long-term (from one year) lease stationary retail facilities and warehouses;
• the total area of ​​such premises for the retail sale of alcohol must be at least 50 square meters. m in urban areas and at least 25 sq. m in rural areas;
• when selling alcohol in urban settlements, the licensee must use a cash register, even if he is a UTII payer;
• 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, so before collecting the necessary documents and paying the state fee, contact the relevant district department of Rosalkogolregulirovanie for detailed information. Their contacts, as well as the license application form, can be found in the Administrative Regulations.

Re-registration, suspension and renewal of a license

If the licensee’s data specified in Article 18 of Law No. 99-FZ changes, You must contact the licensing authority to reissue your license. Re-registration 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 legal address and name of the organization;
• changing the address at which the licensed type of activity is carried out.

The procedure for re-issuing a license is given in the article in Article 18 of Law No. 99-FZ, the amount 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 during a scheduled or unscheduled inspection violations of licensing requirements are discovered, an order will be issued to eliminate them, and if this does not happen within the specified period, then the license may be suspended(Article 20 of Law No. 99-FZ), During the period of suspension, it is prohibited to conduct licensed activities.

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

Cancellation and termination of license

In case of failure to comply with the requirements due to which an 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 has been terminated;
• The activities of a legal entity have been terminated (except for reorganization).

When terminating the activities of an individual entrepreneur or legal entity, there is no need to report this to the licensing authority; this will be done by the tax inspectorate.

Responsibility for working without a license

Administrative liability is provided for violation of licensing laws:

• for operating 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 operating 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 turnover.

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