License licensing system: concept, basic functions and tasks. Normative-legal acts of the bodies of licensing and permitting system

The concept of a licensing system is most commonly used in a broad sense. It implies the establishment of a regulatory and legal order that guarantees control by the state authorities over the commission of certain actions or the receipt of specific powers by individuals and legal entities. The licensing authorization system is a large-scale institute of jurisprudence, covering numerous branches of legal relations.

Despite the fact that the question of the functioning of the licensing system in the scientific literature has been disclosed in depth and thoroughly, the theoretical lawyers practically do not speak about the role of the executive branch of power in the functioning of the most complicated mechanism. So, what is the licensing system, what is its essence and features?

In brief about the permissive activity of state bodies

Licensing and licensing activities are carried out exclusively by representatives of state structures, as its fundamental goal is to ensure security at the national level. It is easy to agree that even certain spheres of socially important cases can cause serious damage if they engage in unprofessional activities, ignoring rules, regulations, standards. These include the use of weapons, the production of cars, etc. Accordingly, such activities can only be carried out with the permission of the relevant competent authority.

FZ No. 99 "On licensing of certain types of activities" is a fundamental legal basis that uses enabling structures in its professional activity and serves as a direct embodiment of the principles for carrying out licensing activities in Russia. They include:

• Fixing in the legal norms of an indirect or direct prohibition - it is established that it is possible to engage in a certain type of activity only after obtaining a permit;
• Fulfillment of licensing and licensing work in conditions of organizational insubordination;
• Control and supervision over observance by the subjects who have received the permissive documents of the rules for the implementation of the relevant activities;
• Use of measures of legal coercion in relation to persons-violators and bringing to legal responsibility.

What are licenses, their main varieties and destinations

Today, most types of licensing papers are called licenses. At the same time citizens use other names:

• Right to drive (vehicle);
• Admission (to perform work with increased danger);
• Quota (for temporary residence of a foreign citizen on the territory of the Russian Federation);
• Qualification certificate (driver's test card).

Meanwhile, it is important to distinguish the permits issued to citizens and organizations within the licensing system, from phenomena of similar, but having a different purpose. Thus, the permits issued by the management on an ad hoc basis exclude the possibility of compulsory influence on subordinates, and the one-time issuance of such documents as, for example, permission for early marriage does not jeopardize public safety, and therefore does not need subsequent supervision. Another vivid example is the document on education: a diploma testifying to the graduation of a university allows a person to occupy a particular position. But, despite the fact that the diploma itself has an unlimited period of validity, it is not a guarantee of appointment to the post. To carry out professional activities, as a rule, a license is required.

Features of the territorial validity of permits

State bodies that have sufficient competence in this legal field issue permits to the applicant for a particular type of activity. It is worth noting that a license issued by federal agencies does not have territorial restrictions on use.

In the event that the permit is issued by the regional bodies of a particular entity, it is possible to engage in the relevant case exclusively within its territorial boundaries. Thus, the licensing system in Moscow has a number of differences from systems operating in other regions of the Russian Federation, as well as a lot of similarities. For example, in most Russian regions, including the metropolitan region, there are CERDs that provide uninterrupted activity of the licensing authorization system throughout the country. From St. Petersburg to Vladivostok, from Arkhangelsk to Orenburg - licensing and licensing centers provide citizens with advice in the preparation of permits.

The term of the issued license

At the federal level, permissions for certain activities may be valid for an indefinite term. In most cases, the minimum period for licensing a subject is a three-year period. When the license expires, the relevant activity should not be carried out.

In the event of a change of occupation, it will be necessary to obtain permission for the activity again. The licensing system operates in a special administrative regime, and therefore involves the implementation of specific legal actions, the sequence and principle of implementation of which is approved by specialized regulations.

Stages of licensing: the way to obtain a license

The term "permissive production" has a close terminological connection with the definition of a licensing system, but, unlike it, helps to represent what stages the administrative process contains and what each of them represents:

• Preliminary - the stage of initiation of the case;
• The stage of inspection, familiarization of the competent authorities with the provided documentation, etc .;
• Decision making and its execution;
• The subsequent supervision of compliance with the rules by persons who have obtained a license legally.

Production in the licensing system in some cases also implies the existence of additional stages: accreditation (for the possibility of carrying out already permitted activities), re-issuing the license and using coercive measures. These stages are optional, that is, they arise from the fulfillment of previous stages.

How to apply for a permit (license)?

The beginning of permissive production becomes a relative ban, which, in combination with the private interest that prompted the interested party to apply for a license, is the fundamental factor for initiating a licensing matter. Meanwhile, the submission of the application from the entity must be preceded by a certain preparation - the collection of the relevant documentation, the implementation of organizational measures, payment for the services of the licensing and permitting authority, which must not exceed three minimum minimum wages.

The registration of the application proves the registration of the application, which implies the generation of the duty of the authority subject to review the appeal without fail and to check whether compliance with the applicant's compliance requirements is ensured and whether the specificity of the chosen field of activity corresponds to legal principles, ecological, sanitary norms and fire regulations. In some cases, the requesting person is required to have adequate premises, their technical equipment, staff qualifications, etc., which is reflected in the 99th Federal Law "On licensing of certain types of activities".

Why the license is denied: reasons

In accordance with the same legislative act, the time for consideration of the application is determined - after 30 days the interested person and the person who submitted the documents must be issued a permit or denied it. Most often, the reasons for the negative decisions of the competent authorities are:

• Providing the applicant with inaccurate information;
• Discrepancy of the subject with legal requirements and conditions for obtaining a license.

The last paragraph has a broader meaning, and therefore may include many grounds for refusing permission to carry out certain activities. For example, in legislation regulating the implementation of private investigation and protection, the license is denied citizens in the following cases:

• Non-compliance with age criteria (applicant must not be under 21 years of age);
• Finding a person on a dispensary account in a psychoneurological or narcological clinic;
• The charge of committing a wrongful act, incriminated by criminal law;
• The presence of a criminal record;
• Forced dismissal in the rank of civil servant (including from law enforcement bodies, courts), the cause of which could serve as a disciplinary compromising misconduct.

If the applicant obtains a refusal from the licensing authority, he can apply for an independent examination. The subject has the right to choose an organization with appropriate accreditation. Examination is carried out in a limited period, which should not exceed two months from the date of issuing a negative decision on the issuance of a license.

Specificity of obtaining permission to store weapons

As a rule, the receipt by the applicant of an authorization serves as the final executive stage, but in some cases the implementation stage of the decision is delayed. A vivid example is the procedure provided for in the 150th Federal Law "On Arms". Having received the authorization document, the applicant has the right to purchase firearms, but after the purchase must be registered with the police department within the next 14 days. Only after this, the owner of the weapon is given permission to store it. Thus, the licensing and authorization system for weapons is characterized by the requirement to perform an additional action: first obtain a permit for the acquisition, and after it - for storage.

In addition, at the stage of execution of the decision, the entry of the necessary data into the register (information about the licensee, the period of validity of the permit, a brief description of the activity type) also applies to the responsibilities of the authority that issued the license. In the future, the data will be entered in this register on whether the license was suspended, whether it was subject to recovery or cancellation. However, the information contained in the register is not confidential. At the request of government agencies and law enforcement agencies, it is provided free of charge, individuals and businesses will have to pay a fixed fee to get acquainted with the information in the register.

State supervision of licensed individuals

The licensing and licensing system for weapons implies an element of mandatory supervision over the owners' implementation of the rules for ensuring public safety. If the licensee, along with the authorization document, acquires the right to engage in certain activities, the competent authorities have the right to monitor and verify whether the legal requirements, rules and conditions are fully complied with. In the 150th Federal Law "On Arms", a list of facilities has been noted, which is monitored by law enforcement agencies. They include not only weapons (including service, smoothbore, gas pistols, etc.), but also cartridges to it, explosive materials. Under the close attention of law enforcement agencies are enterprises that manufacture or sell weapons, as well as repair and workshop weapons workshops, security companies, shooting galleries.

The competent bodies and structures of the Ministry of Internal Affairs in the licensing and permitting system have the right:

• Carrying out unscheduled inspections for compliance of the activities carried out by the licensee with the requirements of the legislation;
• To send a request for receipt from the holder of the license of necessary references, explanations;
• To make out the inspection protocols (in the acts to indicate the results, pay attention to the detected violations);
• Take decisions that oblige the person being verified to eliminate the detected violations within a limited time;
• To issue a warning on suspension or cancellation of a permit.

The purpose of the licensing system, its role for the state

Law enforcement authorities are competent in other matters relating to the performance of the supervisory function. Thus, the licensing (permissive) system of Russia pursues preventive goals, since it is aimed at preventing severe consequences of ignoring the regulatory and legal norms regulating the turnover and use of hazardous items, substances, carrying out activities of fundamental importance to modern society. The licensing (permissive) system allows the state to objectify its own managerial and lawmaking model by fixing appropriate organizational measures.

As a rule, the licensing authorities simultaneously perform the functions of administrative supervision. The state-owned supervisory and control bodies that are part of the licensing system of the state are obliged to inform the licensing authority about the violations detected. The owner of the authorization documents, in turn, does not have the right to impede the conduct of inspections, must provide the required information and produce accompanying documentation.