Types of activity subject to licensing and exclusion from them

The establishment of licensing rules for doing business is one of the tools for the participation of the state and its institutions in regulating economic relations in society. The most common form of this regulation is licensing, which is carried out by the adoption at the federal level of relevant legislation establishing the types of activities that are subject to licensing.

To date, this is the law of the Russian Federation No. 99-FZ, which provides a complete list of licensed types of work. This list includes activities subject to compulsory licensing, which are currently 49, and this is significantly less than was provided for by previous legislative acts (the previous version of the law contained 105 titles). In general, it should be noted that the reduction in the number of species for which clearance is required has acquired the character of a positive trend and corresponds to the processes of liberalization of the economy that are occurring all over the world.

It is also important to take into account that certain types of activities that are subject to licensing and specified in this law have specific features for bringing them into effect. This is due to the fact that many entrepreneurs at the moment can carry out activities on permits that have been issued for activities not licensed under the new law. And, accordingly, on the contrary, there are those who started activities for unlicensed species, and now it is necessary to issue a permit. Consequently, performers and responsible services need time to re-calculate the business registration database and accurately record which activities subject to licensing are currently performed under existing permits, and which ones need to be re-registered or issue new permits.

The already mentioned Law 99-FZ, which defines the types of activities subject to licensing, provides that licensing is subject to entrepreneurial activity with the exception of the following directions:

- activities in the field of nuclear energy: its production, transportation and sale;

- production and sale of alcohol-containing products and alcohol turnover;

- conducting various activities in the field of protection of state interests and state secrets;

- implementation of activities in the field of lending and exchange transactions;

- conducting operations and transactions with securities and other assets;

- work related to the management and organization of investment funds;

- creation, organization of activities and management of pension funds and depositories;

- clearing activity ;

- carrying out insurance activities.

The listed types of business can be carried out only after the special permits are issued, which are provided for by special legislative acts. As a rule, the issuance of permits of this kind provides for a strict procedure for verifying the applicant. An example is the process of determining which types of medical activity that are subject to licensing can be entrusted to one or another applicant. The same can be said about such activities as the provision of services in the field of television, radio broadcasting, detective work, the organization of access to Internet networks and so on.

An important feature of the normative act 99-FZ is to ensure continuity and logic of application. For example, this manifests itself in a provision that stipulates that if an entrepreneur carries out a certain type of activity that does not require licensing, but previously required, then the license status terminates immediately after the enactment enters into force.