FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 4, 2011 No. 99-FZ

About licensing of separate types of activity

Accepted by the State Duma on April 22, 2011

Approved by the Federation Council on April 27, 2011

Chapter 1. General provisions

Article 1. Scope of this Federal Law

1. This Federal Law governs the relations arising between federal executive bodies, executive bodies of subjects of the Russian Federation, legal entities and individual entrepreneurs in connection with implementation of licensing of separate types of activity.

1.1. Action of provisions of this Federal Law extends to the relations arising in connection with implementation by the State corporation on space activities Roskosmos of licensing of space activities.

2. Provisions of this Federal Law are not applied to the relations connected with licensing implementation:

1) uses of atomic energy;

2) production and turnover of ethyl alcohol, alcoholic and alcohol-containing products;

3) the activities connected with protection of the state secret;

4) activities of credit institutions;

5) activities for carrying out the organized biddings;

6) types of professional activity in the security market;

7) activities of joint-stock investment funds, activities for management of joint-stock investment funds, mutual investment funds, non-state pension funds;

8) activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds;

9) activities of non-state pension funds for provision of pensions, pension insurance and forming of long-term savings;

10) clearing activities;

11) insurance activity;

12) ceased to be valid according to the Federal Law of the Russian Federation of 15.04.2019 No. 54-FZ

13) repository activities;

14) ceased to be valid

15) use of natural resources;

16) production and turnover of tobacco products, nikotinsoderzhashchy products and raw materials for production of such products.

3. Licensing of the types of activity specified in part 2 of this Article is performed according to the procedure, established by the Federal Laws governing the relations in the corresponding fields of activity.

4. Features of licensing, including in the part concerning procedure for decision making about provision of the license, effective period of the license and procedure for prolongation of term of its action, suspension, renewal and cancellation of action of the license can be established by the Federal Laws regulating implementation of the following types of activity:

1) rendering communication services, television broadcasting and (or) broadcasting;

2) private detective (detective) activities and private security activities;

3) educational activities (except for the specified activities performed by the private educational organizations in the territory of the innovative center "Skolkovo" and the organizations located in the territory of the Military innovative technopolis of Ayr of the Ministry of Defence of the Russian Federation);

4) business activity on management of apartment houses;

5) collection, transportation, processing, utilization, neutralization, placement of waste of the I-IV classes of danger;

6) activities for transportations of passengers and other persons by buses;

7) activities for the organization and carrying out gamblings in bookmaker offices or totalizators;

8) activities for suppression of the fires in settlements, on production facilities and infrastructure facilities;

9) activities for installation, maintenance and repair of fire safety devices of buildings and constructions.

4.1. Features of licensing of production of medicines regarding suspension or cancellation of the license, and also feature of licensing of pharmaceutical activities regarding suspension, renewal, cancellation of the license can be established by the Federal Law.

5. Provisions of this Federal Law are applied to the relations connected with licensing of medical activities and the educational activities performed by the organizations in the territories of the advancing development taking into account the features established by the Federal Law "About the Territories of the Advancing Development in the Russian Federation".

6. Provisions of this Federal Law are applied to the relations connected with implementation of licensing of organization activity and their branches located in the territory of the international medical cluster and performing the activities corresponding to activities of the international medical cluster taking into account the features established by the Federal Law "About the International Medical Cluster and Modification of Separate Legal Acts of the Russian Federation".

7. Provisions of this Federal Law are applied to the relations connected with licensing of medical activities and the educational activities performed by the organizations in the territory of the free port of Vladivostok taking into account the features established by the Federal Law "About the Free Port of Vladivostok".

8. Provisions of this Federal Law are applied to the relations connected with implementation of licensing medical, educational and other types of activity of the organizations located in the territory of the innovative scientific and technology center and performing the activities corresponding to activities of the innovative scientific and technology center taking into account the features established by the Federal Law "About the Innovative Scientific and Technology Centers and about Modification of Separate Legal Acts of the Russian Federation".

Article 2. The purposes, tasks of licensing of separate types of activity and criteria of determination of the licensed types of activity

1. Licensing of separate types of activity is performed for the purpose of prevention of damage to the rights, legitimate interests, life or health of citizens, the environment, objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, defense and safety of the state which possibility of drawing is connected with implementation by legal entities and individual entrepreneurs of separate types of activity. Implementation of licensing of separate types of activity in other purposes is not allowed.

2. Tasks of licensing of separate types of activity are the prevention, identification and suppression of violations by the legal entity, his head and other officials, the individual entrepreneur, his authorized representatives (further - the legal entity, the individual entrepreneur) requirements which are established by this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them. Compliance of the license applicant to these requirements is necessary condition for provision of the license, their observance by the licensee surely when implementing of the licensed type of activity.

3. Types of activity which implementation can entail causing the damage specified regarding 1 this Article and which regulation cannot be performed by other methods, except as licensing belong to the licensed types of activity.

Article 3. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) licensing - activities of licensing authorities for provision of licenses, prolongation of effective period of licenses if restriction of effective period of licenses is provided by the Federal Laws, to assessment of observance by the license applicant, licensee of licensed requirements, suspension, renewal, cancellation and cancellation of licenses, forming and maintaining the register of licenses, forming of the state information resource, and also on provision in accordance with the established procedure of information on questions of licensing;

2) the license - special permission to the right of implementation by the legal entity or the individual entrepreneur of specific type of activity (performance of works, rendering the services constituting the licensed type of activity) which is confirmed by entry in the register of licenses;

3) the licensed type of activity - type of activity on which implementation in the territory of the Russian Federation and in other territories over which the Russian Federation performs jurisdiction in accordance with the legislation of the Russian Federation and rules of international law, receipt of the license according to this Federal Law, according to the Federal Laws specified regarding 3rd article 1 of this Federal Law and governing the relations in the corresponding fields of activity is required;

4) licensing authorities - the authorized federal executive bodies and (or) their territorial authorities, executive bodies of subjects of the Russian Federation performing licensing within powers of subjects of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation or in case of transfer of implementation of powers of the Russian Federation in the field of licensing to public authorities of subjects of the Russian Federation, and also the State corporation on space activities Roskosmos;

5) the license applicant - the legal entity (including the foreign legal entity if the possibility of implementation of the licensed type of activity by the foreign legal entity is established according to part 4 of article 12 of this Federal Law) or the individual entrepreneur, filed in the licensing body petition for provision of the license;

6) the licensee - the legal entity (including the foreign legal entity if the possibility of implementation of the licensed type of activity by the foreign legal entity is established according to part 4 of article 12 of this Federal Law) or the individual entrepreneur, having the license;

7) licensed requirements - mandatory requirements which are connected with implementation of the licensed types of activity are established by regulations on licensing of specific types of activity, based on relevant requirements of the legislation of the Russian Federation and (or) provisions of the international treaties of the Russian Federation which are not requiring the publication of the interstate acts for their application and existing in the Russian Federation aimed at providing goal achievement of licensing and which assessment of observance is performed according to the procedure, provided by this Federal Law;

8) the place of implementation of the separate type of activity which is subject to licensing (further - the place of implementation of the licensed type of activity), - production facility (the building, the room, construction, linear object, the territory, including water, land and the timberland, the vehicle and other object) which is intended for implementation of the licensed type of activity and (or) is used in case of its implementation, conforms to licensed requirements, belongs to the license applicant or the licensee on the property right or other legal cause, and also the territory which is intended for implementation of the licensed type of activity and (or) is used in case of its implementation. Place of implementation of the licensed type of activity is taken by the postal address and (or) other data allowing to identify it. The place of implementation of the licensed type of activity can match with the location of the license applicant or licensee. The regulations on licensing of specific type of activity can provide that rooms, buildings, constructions of residential appointment cannot be the place of implementation of the licensed type of activity;

9) the authorized officer of the licensing body - the head of the licensing body, other official of the licensing body authorized on decision making, implementation of other action in the field of licensing.

Article 4. Basic principles of implementation of licensing

The basic principles of implementation of licensing are:

1) ensuring unity of economic space in the territory of the Russian Federation;

2) establishment of the licensed types of activity the Federal Law;

3) establishment by the Federal Laws of single procedure for licensing of separate types of activity in the territory of the Russian Federation;

4) establishment of exhaustive lists of licensed requirements for the licensed types of activity regulations on licensing of specific types of activity;

5) openness and availability of information on licensing, except for information which distribution is forbidden or limited in accordance with the legislation of the Russian Federation;

6) inadmissibility of collection from job seekers of licenses and licensees of payment for licensing implementation, except as specified, stipulated in Article the 10th this Federal Law;

7) respecting the rule of law when implementing licensing.

Article 5. Powers of the Government of the Russian Federation in the field of licensing and power of licensing authorities

1. In the field of licensing treat powers of the Government of the Russian Federation:

1) determination of the federal executive bodies performing licensing of specific types of activity;

2) approval of regulations on licensing of specific types of activity and acceptance of regulatory legal acts concerning licensing;

3) approval of procedure for provision of documents concerning licensing in the form of the electronic documents signed by the digital signature with use of information and telecommunication networks public, including the single portal of the state and municipal services;

4) approval of procedure for forming and maintaining register of licenses;

5) approval of procedure for carrying out monitoring and efficiency evaluation of licensing of specific types of activity, criteria of such efficiency evaluation, the list of information provided by licensing authorities for carrying out monitoring and efficiency evaluation of licensing of specific types of activity;

6) approval of standard form of the statement from the register of licenses.

2. Treat powers of licensing authorities:

1) implementation of licensing of specific types of activity;

2) provision in federal state information system, procedure for forming and which maintaining it is determined by the Government of the Russian Federation, information for carrying out monitoring and efficiency evaluation of licensing of specific types of activity;

3) approval of forms of statements for provision of licenses, about modification of the register of licenses, about carrying out periodic confirmation of conformity of the licensee to licensed requirements, and also forms of notifications, instructions of elimination of the revealed violations of licensed requirements and other documents used in the course of licensing. Forms of the statements specified in this Item can not affirm if such applications are submitted to the licensing body only by means of use of the single portal of the state and municipal services, regional portals of the state and municipal services;

4) provision to interested persons of information on questions of licensing, including placement of this information on the Internet on the official sites of licensing authorities with indication of e-mail addresses by which by users this information inquiries can be sent and required information is obtained.

Article 6. Transfer of implementation of powers of the Russian Federation in the field of licensing of separate types of activity to public authorities of subjects of the Russian Federation

Implementation of powers of the Russian Federation in the field of licensing of separate types of activity can be transferred to public authorities of subjects of the Russian Federation in the cases provided by the Federal Laws.

Article 7. Rights, obligations and responsibility of authorized officers of licensing authorities

1. Authorized officers of licensing authorities according to the procedure, established by the legislation of the Russian Federation, when implementing licensing have the right:

To request 1) from public authorities, local government bodies, job seekers of licenses and licensees, to receive from them data and documents which are necessary for implementation of licensing and which representation is stipulated by the legislation the Russian Federation;

2) ceased to be valid

To issue 3) to licensees of the instruction about elimination of the revealed violations of licensed requirements;

4) to apply measures for suppression of administrative offenses and involvement of persons the, guilty of their making, to the administrative responsibility according to the procedure established by the legislation of the Russian Federation.

2. Authorized officers of licensing authorities when implementing licensing shall:

To perform 1) timely and fully the powers provided in accordance with the legislation of the Russian Federation in the field of licensing;

2) to observe the legislation of the Russian Federation, the right and legitimate interests of job seekers of licenses and licensees.

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