Resolution of the Government of the Russian Federation of December 24, 1994 N 1418 On licensing of certain types of activities.
RF Government Resolution of December 24, 1994 N 1418
«On Licensing of Certain Types of Activities»
(as amended on May 5, June 3, August 7, October 12, 1995)
In order to implement a unified state policy in the field of licensing of certain types of activities and ensuring the protection of the vital interests of the individual, society and the state, the Government of the Russian Federation decrees:
1. To approve the attached Procedure for conducting licensing activities.
2. To approve the list of types of activities for which a license is required, and the bodies authorized to conduct licensing activities, in accordance with Appendix 1. Changes to the specified list are made by the Government of the Russian Federation based on proposals from interested federal executive bodies or executive bodies of constituent entities of the Russian Federation, agreed upon with the Ministry of Economy of the Russian Federation, the State Committee of the Russian Federation for Antimonopoly Policy and Support of New Economic Structures and the Ministry of Finance of the Russian Federation.
3. Establish that the bodies that license certain types of activities and are not included in Appendix 1 to this resolution shall lose the right to carry out licensing activities from the moment this resolution is adopted. Activities that are not included in Appendix 1 to this resolution, for the implementation of which a license was previously required in accordance with regulatory acts of the Government of the Russian Federation, shall be carried out without a license from the moment this resolution is adopted. Licenses issued in the established manner for the implementation of certain types of activities specified in Appendix 1 to this resolution shall be valid until the expiration of the periods specified in them.
4. To assign to the Ministry of Economy of the Russian Federation the task of methodological support for the activities of bodies authorized to conduct licensing activities.
5. Federal executive bodies, other bodies specially authorized to carry out licensing activities, specified in Appendix 1 to this resolution, and executive bodies of the constituent entities of the Russian Federation shall carry out licensing activities on the basis of provisions on the licensing of individual types of activities approved by the Government of the Russian Federation. In the provisions on the licensing of individual types of activities, federal executive bodies and other bodies specially authorized to carry out licensing activities, specified in Appendix 1 to this resolution, may be granted the right to transfer powers to license the relevant types of activities to executive bodies of the constituent entities of the Russian Federation.
6. Licenses issued by the bodies authorized to carry out licensing activities, specified in Appendix 1 to this resolution, are valid throughout the territory of the Russian Federation.
7. Establish that license forms have a level of security at the level of a bearer security, are strictly accountable documents, and have an accounting series and number. The acquisition, accounting, and storage of license forms are assigned to the bodies authorized to conduct licensing activities. The Ministry of Economy of the Russian Federation shall approve a standard license form within 2 weeks. The standard license form was approved by Order of the Ministry of Economy of the Russian Federation dated January 18, 1995, No. 4
8. Establish that the consideration of an application for a license and the issuance of a license shall be carried out on a fee basis. The amount of the fee for consideration of the application and the fee for issuing a license shall be determined based on the relevant costs of the body authorized to carry out licensing activities. The procedure for determining the amount of the fee shall be established in the regulations on licensing of individual types of activities. The procedure for establishing the fee for a license was approved by the Ministry of Economy of the Russian Federation and the Ministry of Finance of the Russian Federation on June 1, 1995 No. SI-1-D, 04-05-13. By Resolution of the Government of the Russian Federation dated May 5, 1995 No. 450, the effect of paragraph three of clause 8 of this resolution is suspended until January 1, 1996. The fee for consideration of the application and the fee for issuing a license shall go to the budget revenue, from the funds of which the body authorized to carry out licensing activities is maintained.
9. Federal executive bodies and other bodies specially authorized to carry out licensing activities, specified in Appendix 1 to this resolution, shall develop, with the participation of interested government bodies and in agreement with the Ministry of Economy of the Russian Federation, the State Committee of the Russian Federation for Antimonopoly Policy and Support of New Economic Structures and the Ministry of Finance of the Russian Federation, within 2 months to the Government of the Russian Federation draft regulations on licensing the relevant types of activities.
10. The federal executive bodies specified in Appendix 2 to this resolution shall develop, with the participation of the executive bodies of the constituent entities of the Russian Federation and in agreement with the Ministry of Economy of the Russian Federation, the State Committee of the Russian Federation for Antimonopoly Policy and Support of New Economic Structures and the Ministry of Finance of the Russian Federation, within 2 months to the Government of the Russian Federation draft regulations on the licensing of certain types of activities carried out by the executive bodies of the constituent entities of the Russian Federation.
11. Until the approval of the regulations on the licensing of the relevant types of activities, the bodies authorized to carry out licensing activities specified in Appendix 1 to this resolution shall carry out licensing in accordance with applicable regulations (taking into account the requirements of this resolution).
12. The Ministry of Economy of the Russian Federation, the State Committee of the Russian Federation for Antimonopoly Policy and Support of New Economic Structures, the Ministry of Finance of the Russian Federation and the Ministry of Justice of the Russian Federation, with the participation of interested federal executive bodies and executive bodies of the constituent entities of the Russian Federation, shall develop and submit to the Government of the Russian Federation in the first quarter of 1995 a draft federal law on licensing.
13. The Ministry of Science and Technical Policy of the Russian Federation, together with the Ministry of Economy of the Russian Federation and the State Committee of the Russian Federation for Antimonopoly Policy and Support of New Economic Structures, shall develop and, within one month, submit to the Government of the Russian Federation proposals on regulating the conduct of certain types of scientific and technical activities.
14. The Ministry of Economy of the Russian Federation and the Ministry of Justice of the Russian Federation, in agreement with interested federal executive bodies, shall submit within 2 months to the Government of the Russian Federation proposals: on amendments and additions to legislative acts of the Russian Federation providing for liability for carrying out activities without a license or in violation of the terms of its validity; on recognizing as invalid decisions of the Government of the Russian Federation in connection with the adoption of this resolution.
15. This resolution does not apply to those types of activities for which a special licensing procedure is established by legislative acts of the Russian Federation and regulatory acts of the President of the Russian Federation.
Chairman of the Government of the Russian Federation V. Chernomyrdin
Procedure for conducting licensing activities
1. These Procedures establish the rules for conducting licensing activities in the Russian Federation. In the Russian Federation, certain types of activities are carried out by enterprises, organizations and institutions, regardless of their organizational and legal form, as well as by individuals engaged in entrepreneurial activities without forming a legal entity, on the basis of a license — a special permit from the bodies authorized to conduct licensing. A license is an official document that permits the implementation of the type of activity specified therein for a specified period, and also determines the conditions for its implementation.
2. To obtain a license, the applicant shall submit to the bodies authorized to conduct licensing activities:
a) an application for a license indicating:
for legal entities — the name and organizational and legal form,
legal address, bank account number and the relevant bank;
for individuals — last name, first name, patronymic, passport details
(series, number, when and by whom issued, place of residence);
type of activity;
license validity period;
b) copies of constituent documents and if they are not certified by a notary — with presentation of the originals;
c) a copy of the certificate of state registration of the enterprise;
d) a document confirming payment for consideration of the application;
d) a certificate from the tax authority on registration or a certificate of state registration of an individual as an entrepreneur with a stamp from the tax authority.
Depending on the specifics of the activity, the licensing regulations for the relevant type of activity may provide for the submission of other documents.
It is prohibited to require the applicant to submit documents not provided for in the licensing regulations for the relevant type of activity.
All documents submitted to obtain a license are registered by the body authorized to conduct licensing activities.
3. The decision to issue or refuse to issue a license is made within 30 days from the date of receipt of the application with all necessary documents.
If it is necessary to conduct an additional, including independent, examination, the decision is made within 15 days after receiving the expert opinion, but no later than 60 days from the date of filing the application with the necessary documents.
In some cases, depending on the complexity and volume of materials subject to examination, the head of the body authorized to carry out licensing activities may additionally extend the period for making a decision on issuing or refusing to issue a license to 30 days.
4. Notification of refusal to issue a license shall be submitted to the applicant in writing within 3 days after the relevant decision is made, indicating the reasons for the refusal.
The grounds for refusal to issue a license are:
• the presence of false or distorted information in the documents submitted by the applicant;
• a negative expert opinion establishing non-compliance with the conditions necessary for the implementation of the relevant type of activity and safety conditions.
For information on issuing expert opinions, see the letter of the Ministry of Labor of the Russian Federation dated January 30, 1995, No. 166-VK
5. The license shall indicate:
• the name of the body that issued the license;
•for legal entities — name and legal address of the enterprise, organization, institution receiving the license;
•for individuals — last name, first name, patronymic, passport details (series, number, by whom and when issued, place of residence);
•type of activity for which the license is issued;
•license validity period;
•conditions for carrying out this type of activity;
•license registration number and date of issue.
The validity period of a license is determined depending on the specifics of the type of activity, but not less than three years. Licenses may be issued for a period of up to three years upon application by the person applying for it. The validity period of a license is extended in the manner established for obtaining it. A license is issued separately for each type of activity. Transfer of a license to another legal entity or individual is prohibited. A license is issued after the applicant submits a document confirming its payment. If the licensed type of activity is carried out at several territorially separate facilities, the licensee is issued certified copies of the license indicating the location of each facility at the same time as the license. Copies of licenses are registered by the body authorized to carry out licensing activities.
6. In the event of liquidation of an enterprise, organization, institution, or termination of the certificate of state registration of an individual as an entrepreneur, the issued license loses its legal force. In the event of reorganization, change of name of a legal entity, change of passport data of an individual, loss of a license, the licensee is obliged to submit an application for re-issuance of the license within 15 days. The license is re-issued in the manner established for obtaining it. Until the license is re-issued, the licensee carries out activities on the basis of a previously issued license, in case of loss of a license — on the basis of a temporary permit issued by the body authorized to carry out licensing activities.
7. The license is signed by the head (in his absence — by the deputy head) of the body authorized to carry out licensing activities, and certified by the seal of this body.
8. Activities under a license issued by the executive authorities of the constituent entities of the Russian Federation may be carried out in the territory of other constituent entities of the Russian Federation after registration of such licenses by the executive authorities of the relevant constituent entities of the Russian Federation. Registration shall be carried out within 30 days upon presentation of the original license, with verification, if necessary, of the data specified in the license, the conditions for carrying out the relevant type of activity, and safety conditions. A note shall be made in the license about the completed registration, indicating that it has been entered into the register of issued, registered, suspended, and revoked licenses. Registration may be refused in the manner and on the grounds stipulated by paragraph 4 of this Procedure.
9. The bodies authorized to carry out licensing activities shall suspend the license or revoke it in the following cases:
•submission of the relevant application by the license holder;
•detection of inaccurate data in the documents submitted to obtain the license;
•violation of the license terms by the licensee;
• failure by the licensee to comply with orders or instructions of state bodies or suspension by them of the activities of an enterprise, organization or institution, as well as an individual engaged in entrepreneurial activity without forming a legal entity, in accordance with the laws of the Russian Federation;
• liquidation of a legal entity or termination of the certificate of state registration of an individual as an entrepreneur.
The body authorized to carry out licensing activities, within 3 days from the date of the decision to suspend or cancel the license, shall inform the licensee and the bodies of the State Tax Service of the Russian Federation of this decision in writing. In the event of a change in the circumstances that led to the suspension of the license, the license may be renewed. The license is considered renewed after the adoption of the relevant decision by the body authorized to carry out licensing activities, about which it notifies the licensee and the bodies of the State Tax Service of the Russian Federation no later than 3 days from the date of adoption. The suspension of the license may also be carried out by other bodies to which this right is granted by the legislation of the Russian Federation.
10. The executive authorities of the constituent entities of the Russian Federation shall suspend the validity of licenses issued by the executive authorities of other constituent entities of the Russian Federation in their territory also in the following cases: if the license is not registered in the given territory; failure of the licensee to comply with the requirements established in accordance with the legislation of the Russian Federation for carrying out the relevant type of activity in the given territory. The executive authorities of the constituent entities of the Russian Federation shall, within 3 days from the date of the decision to suspend the license, inform in writing of this decision the executive authority of the constituent entity of the Russian Federation that issued the license, the bodies of the State Tax Service of the Russian Federation and the licensee. In this case, the authority that issued the license shall decide to cancel it.
11. The authorities authorized to carry out licensing activities shall monitor compliance with the conditions stipulated by the license. The control procedure shall be established in the regulation on licensing the relevant type of activity.
12. The bodies authorized to carry out licensing activities maintain registers of issued, registered, suspended and revoked licenses.
13. The heads and officials of the bodies authorized to carry out licensing activities are responsible for the violation or improper implementation of the Procedure for its implementation established by the Government of the Russian Federation in accordance with the current legislation.
14. Decisions and actions of bodies authorized to carry out licensing activities may be appealed in accordance with the established procedure in the courts.
Appendix No. 1
to the RF Government Resolution
of December 24, 1994 No. 1418
Extract from the List of activities requiring a license and bodies authorized to carry out licensing activities
Ministry of Defense of the Russian Federation:
Manufacture, repair and sale of military measuring instruments in the Armed Forces of the Russian Federation.
Federal Agency for Government Communications and Information under the President of the Russian Federation:
Activities related to encryption tools.
Provision of information encryption services.
Activities to identify electronic devices for intercepting information in technical facilities and premises of government agencies.