Лицензирование \ Licensing

Licensing is one of the most formalized and rigid mechanisms of state regulation related to the admission of entrepreneurs to the implementation of various activities. Based on the tasks facing the state to reduce the administrative burden on business entities, licensing should be applied only in cases where the relevant activities may cause damage to the rights, legitimate interests, life or health of the citizens, the environment, cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, the defense and security of the state, and the regulation of such activities can not be carried out by other methods than licensing.

At the same time, various monitoring of the sphere of entrepreneurial activity in the Russian Federation in 2007-2008 revealed some specific excessive administrative barriers in the system of licensing the certain types of activity.

THE OBJECTIVE THAT WAS SET FOR THE MINISTRY OF ECONOMIC DEVELOPMENT WAS TO UNIFY THE LICENSING PROCEDURES, TO IMPROVE PROCEDURES AND TO REDUCE THE LIST OF LICENSED TYPES OF ACTIVITIES UNDER CONDITION OF THE REPLACEMENT OF STATE CONTROL BY OTHER METHODS.

Some measures were taken to reduce the administrative barriers - those areas where it is possible to move to other forms of regulation to avoid excessive regulation were analyzed. The practice in the form of certification, which is used in cases where it is required to confirm the conformity of products to the established requirements, was expanded. In order to reduce the administrative burden that has a negative impact on the development of certain types of business, the practice of applying the notification procedure for obtaining the right to conduct business with the preservation of state control (supervision) over compliance with the requirements in the process of such activities, as well as the Institute of self-regulation, was expanded.

In 13 areas of activity the licensing system is carried out in a special order. These are such areas as the usage of the nuclear energy, the activities of credit organizations, organized trades, activities of joint-stock investment funds, activity on management of joint-stock investment funds, unit investment funds, private pension funds, activities of specialized depositaries of investment funds, unit investment funds and non-state pension funds, activities of non-state pension funds in pension support and pension insurance, clearing activities, insurance activities, activities in the field of production and turnover of the ethyl alcohol, alcoholic and alcohol-containing products, activities related to the protection of state secrets, space and repository activities. At the same time, the Federal law №  99-FL "on licensing certain types of activities" adopted in 2011 provides for innovations that are more progressive than the previously existing licensing system.

THE LIST OF LICENSED TYPES OF ACTIVITIES WAS SIGNIFICANTLY REDUCED. AS OF JANUARY 1, 2009 89 TYPES OF ACTIVITIES WERE SUBJECTED TO LICENSING , AS OF 1 APRIL 2016 - 49.

Many independent types of licensed activities in the spheres of economic activity are combined, besides, the Government act provides for the division into components of their work and services. Thus, with a reduction in the total number of licensed activities, the opportunity for an economic entity to choose specific works and services that it plans to carry out when obtaining a license was expanded, and the costs associated with the need to obtain several licenses was reduced.

The license has a perpetual effect. If necessary, the license may be terminated at the request of the licensee. The license issued before the entry into force of the law, were open - ended at the expiration of their validity at the request of the licensee, which led to the reduction of financial and material costs of the licensees.

Electronic workflow was introduced. In order to simplify the document flow during licensing, from July 1, 2012, the license applicant and the licensee may send applications and documents to the licensing authority in order to obtain and reissue the license, as well as to receive notifications and other documents in the form of an electronic document signed with an electronic digital signature.

The licensing control procedure has been reformed. This measure ensures the interests of licensees and extends to them the guarantees established by the Law № 294-FL "on protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control".

To improve the efficiency of licensing control, the introduction of statistical monitoring in these areas at all levels of Executive power has been ensured.

Since 2013, the Federal Executive authorities and Executive authorities of the constituent entities of the Russian Federation have been preparing the annual reports on licensing, on the effectiveness of such licensing, and submitting these reports to the Ministry of economic development of the Russian Federation for the preparation of an annual summary report on the status of licensing.

The annual reports and the form № 1-licensing "Information on the implementation of licensing" are transmitted by the licensing authorities through the state automated information system "Management" since 2016.

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