Licensing of certain types of activities: concept, procedure, documents. Licensing of activities: when is it needed and how is the procedure carried out?

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 full, in 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 the Decree of the Government of the Russian Federation of October 28, 2013 N 966, which approved the provision on licensing of 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;
• logistical 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 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. Education Law 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;
• inventory 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.

Many people are interested in how to obtain a license for a particular activity. In fact, the process is not that simple. Especially if you don’t worry about the nuances of licensing your activities in advance. Not all types of work require a license. And this fact must be taken into account. Today we have to find out everything that only concerns the receipt of the mentioned document. The procedure for completing the paperwork will be discussed using the example of licensing the activities of a security guard, as well as the example of obtaining a weapons license. These 2 processes are seriously different from each other. So what should every citizen know about licenses? What should you pay attention to? What is the procedure for obtaining a document?

Description

More and more often, citizens are thinking about how to obtain a license. But what kind of document is this? Without understanding this nuance, one cannot fully assert that a person knows what he is doing.

A license is a kind of permission to do something. For example, to conduct any activity within Russia. Or to carry a specific weapon. An extremely important document.

The list of types of activities that require the execution of the specified document for work can be seen in Federal Law No. 99 “On licensing of certain types of activities” dated May 4, 2011. For example, if a person plans to engage in security or detective work, he must obtain permission for this. Discussions about licensing psychologists are currently underway. But for now, such an innovation is just a rumor. How to get a license? What should every citizen know about this process? For example, it has already become clear that this or that work requires the execution of the specified paper. What's next?

Where to go for help

Next, you need to figure out where to go for help. More and more often, citizens are beginning to ask where to get a license. Interesting question. There is no clear answer to this question. After all, the modern population is offered a small choice of places to implement the task.

Among the most common organizations that issue licenses are:

• multifunctional centers (not always and not in all cities);
• portal "Government Services";
• private licensing firms;
• licensing authority (for example, the Ministry of Internal Affairs or the Ministry of Emergency Situations).

Quite often the latter scenario takes place. The main problem is to understand exactly what activities and where to turn. For example, Roszdravnadzor is responsible for licensing pharmaceutical activities, and the Ministry of Emergency Situations is responsible for licensing firefighting activities. These features should be clarified, for example, at the MFC. They will provide advice on where to obtain a license for a particular work. Multifunctional centers are also very often approached to implement the task.

Can they refuse?

It is worth paying attention to the fact that if a person is thinking about how to get a license, he will have to prepare in advance. Why? This is far from the easiest process. And the licensing organization has the right to refuse to issue a document.

Usually, after submitting an application of the established form with a certain package of papers, you will have to wait some time. Approximately 3-5 days of waiting for a decision following the verification of papers. Ultimately, either the citizen comes and receives a certificate, or he is refused with justification for the decision. This is a mandatory detail.

In this case, the citizen will have 30 days to correct the situation. If the errors are corrected, the license will be issued. Of course, as soon as the reason for the refusal has been exhausted, it is necessary to submit evidence to the licensing authority. Evidence is reviewed within 45 days. But this period may increase. Concerns the initial consideration of the application. Therefore, you should not think that obtaining the specified document is a quick process. We'll have to be patient. But how to get a license? What other features should every citizen know about?

Control

For example, if a person nevertheless received a license (or an organization did so), then he will have to come to terms with the fact that his activities will be controlled. What does it mean? Owners of organizations can expect various inspections from licensing authorities. About the requirements that are put forward mainly to organizations for conducting this or that activity. a little later. But it is worth noting that compliance with the set requests is carefully regulated. And the specified document may be canceled during a scheduled or unscheduled inspection.

For example, management companies that have received a license are subject to mandatory control. Each type of activity has its own special schedule of scheduled inspections. Usually it ranges from 1 to 3 years. In other words, during the specified periods, 1 compliance check is carried out.

Management companies that have received a license must go through this process as planned every 3 years. But there are situations in which the relevant commissions are able to arrive earlier.

About unscheduled inspections

Before thinking about obtaining a license, every person must understand that they will have to conduct their work in compliance with all established rules. After all, scheduled inspections are not the only way to control. Sometimes the relevant services are able to travel to unscheduled events.

When is this possible? Among the most common scenarios are:

• expiration of the period allotted for eliminating certain violations;
• when filing applications with licensing authorities for violations;
• expiration of the license or suspension of the validity of the document;
• independent request of an organization or citizen;
• if there is an order from the licensing authority.

Most often there are complaints. That is why it is recommended to carefully monitor activities and work performance. Otherwise, an inspection commission may appear quite unexpectedly.

Requirements for organizations and individual entrepreneurs

Now it’s clear where you can get a license, as well as what you should prepare for in advance. After all, some believe that all problems end with the preparation of the appropriate package of documents.

How is a license issued? The thing is that a lot depends on the type of activity. Each job has its own requirements. What must an entrepreneur comply with if, for example, he wants to open an organization that engages in medical activities?

In this case, you will have to take into account the following features:

1. Owned or leased there must be premises suitable for carrying out activities.
2. The entrepreneur must have all the necessary medical equipment installed to provide certain services.
3. Managers and responsible persons must have a higher education, including a medical one. Qualification in this case corresponds to the direction of work. And the total experience in the medical field is 5 years.
4. If there are employees, employment contracts are concluded with all of them.
5. Quality and safety control. This is the most important point that an entrepreneur should pay special attention to. Very often, checks show interest in this particular component.

Similar requirements are put forward for any type of activity. Therefore, if a person is thinking about getting a license in Moscow or any other city, he will first have to:

• get the necessary education;
• provide premises and equipment for activities;
• ensure the safety of employees and clients;
• conclude agreements with subordinates.

Documents for individual entrepreneurs or organizations

Among the papers are:

• application of the established form;
• constituent documents, copies (certified by a notary);
• papers that are necessary for a specific type of activity (a list of them can be found in the licensing authority);
• a list of documents attached to the application.

The basic principle of obtaining a document is clear. Now it’s time to figure out how to get a security guard or weapons license. What remains to be done? It's actually not that difficult.

For security guards

Where can I get a security guard license? You need to contact the LRO with a certain package of papers. In addition, it should be noted that security activities are much bigger problems for a citizen. Why? You will have to think in advance about what category the citizen wants to receive. Security guards have several ranks. Depending on them, you will have to go through certain procedures.

How to get a security guard license? If you don’t think about the discharge, you can highlight the following algorithm of actions:

1. Passing a medical commission. It is worth informing that it is planned to obtain a security guard license.
2. Training at the academy. Usually lasts several months.
3. Passing exams depending on a particular rank of security guard.
4. Collection of documents: identity card, conclusion of the commission at the academy, health certificates, photographs.
5. Submitting an application to the LRO with a package of papers.
6. Receipt of a standard document if the decision is positive.

Now it’s clear where you can get a license to conduct security activities. What to do with weapons? How does a citizen have the right to legally carry, for example, a pistol?

Weapon

This issue requires a rather serious approach. If a person is thinking about how to get a weapons license, you should be guided by the following algorithm:

1. Decide on the type of weapon you want to carry. The best place to do this is at a gun store. The employee will be able to help determine the type of license you need to obtain.
2. To store weapons you will have to install a safe. This demand is made very often.
3. The person must undergo a medical examination. It is necessary to undergo a psychiatrist.
4. Collection of documents: identification card, medical report, certificates of the presence of a safe, documents of no criminal record, photographs, application, hunting license (if we are talking about hunting weapons).
5. Submitting an application to the LRO and waiting for a decision.
6. Obtaining a licensing certificate.

In fact, there is nothing difficult or special. From now on, it is clear how to obtain a license for a weapon or for some activity. It is recommended that more accurate information on each type of work be clarified with the relevant authorities.

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.

Vocational 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:

• advanced training;
• professional retraining.

Vocational training

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.

In order to ensure the protection of the legitimate interests of citizens, cultural objects and environmental protection, as well as in order to preserve the security of the country, it was decided to carry out licensing of certain works and services for which a license must be obtained, and the procedure for such a procedure is stipulated in a special law.

Licensing concept

Licensing is a set of activities that includes services for issuing, suspending, re-issuing and canceling licenses for various types. A license is a special document that authorizes a company or individual entrepreneur to provide certain services or carry out one or another type of work on a legal basis. Such a document can be issued both in paper and electronic (with digital printing) versions.

Licensing of individual companies is carried out on the principle of a single economic space, openness and accessibility of information, and compliance with the rule of law.

which are subject to licensing

Currently, a license must be obtained for approximately 50 types of work and services. Here are some of them:

Licensing of certain types of activities is carried out by special bodies that have been accredited.

Documents for obtaining a license

In order to obtain permission to carry out certain work or provide services, you must submit the following data:

1. Your company name.
2. Address and details of the organization.
3. activities of the company.
4. Information about registering the enterprise with the tax office.
5. Documents confirming payment of the necessary state fees.
6. Other data.

The procedure for licensing certain types of activities

The head (representative) of the organization or submits documents to the licensing authority. The process of considering the issue of issuing a license takes about a month (longer periods are possible). If, after analyzing the submitted data, the licensing commission reveals errors and shortcomings, obtaining a license will be delayed. The applicant will have to correct all these comments and only then submit the documents again.

The validity period of such a document cannot be less than 5 years. After this time expires, the entrepreneur can apply to extend the license. In some cases, the permit is issued for an unlimited period. Licensing of certain types of activities is carried out throughout Russia.