Implementation of certain types of business activities. Notification mode of entrepreneurial activity. Areas of activity and work with services that fall under the new law

One of the achievements of the state policy in the field of reducing administrative pressure on business is the introduction of the Federal Law of December 26, 2008 No. legal entities and individual entrepreneurs when exercising state control (supervision) and municipal control" of the legal institution "Notification procedure for the commencement of certain types of entrepreneurial activity».

What does the introduction of this institution mean for entrepreneurs?

Firstly, it is easier to start a business due to a reduction in the number of documents that previously had to be obtained.

Secondly, the notification procedure has become a kind of protection for businesses from possible manifestations of corruption. After all, now there is no need to coordinate the start of entrepreneurial activity with a huge number of individual state bodies and services.

Who is subject to notification?

The notification procedure for the commencement of certain types of entrepreneurial activity applies to legal entities and individual entrepreneurs who have started their business since July 2009, that is, from the date of entry into force of Article 8 federal law dated December 26, 2008 No. 294-FZ.

Who can use this public service?

The notification is submitted by a legal entity or an individual entrepreneur intending to perform work (render services) in accordance with the list of works and services as part of certain types of entrepreneurial activity.

The list of works and services that fall under the notification procedure is quite extensive: it includes more than 40 types of activities, from catering services and retail before the production of funds personal protection.

A complete list can be found in Annex 1 to the Government Decree Russian Federation dated 16.07.2009 N 584 "On the notification procedure for the commencement of certain types of entrepreneurial activity."

The powers of Rospotrebnadzor to register notifications currently include 66 items of work and services as part of 28 types of activities.

When should the notice be given?

It should be noted that the notification is obligation for legal entities and individual entrepreneurs. Notice must be given after state registration and registration with the tax authority, but before the actual performance of work or provision of services.

How and where can I submit a notice?

Notice can be given:

· directly at the Office of Rospotrebnadzor for the Volgograd region at the address: Volgograd, avenue im. IN AND. Lenina, 50B, room. 302;

· by registered mail with a description of the attachment with a return receipt 400005, Volgograd, avenue im. IN AND. Lenina, 50B;

· as electronic document signed electronic signature applicant, which will require a certified electronic signature in accordance with the law of April 6, 2011 No. 63-FZ "On Electronic Signature". In practice, notification in electronic format can be submitted using the Single Portal public services.

through a multifunctional center for the provision of state and municipal services;

in the form of an electronic document, signed by the applicant's electronic signature ();

· using a single portal of public services (www.gosuslugi.ru).

Are there any rules for submitting notifications?

Notification established sample is submitted in 2 copies to the authorized body. Directly to the multifunctional center, the applicant submits a notification in one copy on paper.

The notification form can be found on the official website of the Office of Rospotrebnadzor for the Volgograd Region, banner "Notifications", as well as in information retrieval systems (Consultant Plus, Garant).

You can check the correctness of filling out the notification template for the start of certain types of entrepreneurial activities in electronic form at http://egov.rospotrebnadzor.ru/.

Is there a filing fee uwe doleniya about the beginning of entrepreneurial activity?

There is no charge for registering notices, making entries in the register, and submitting information contained in the register.

And how can I find out if my notification was accepted or not?

On the day of receipt of the notification, it is registered, and both copies of the notification are marked with the date of receipt and registration number.

One copy of the notice remains in authorized body, and the second is handed over (sent) on the day of registration to the applicant.

If a notification is submitted in the form of an electronic document, on the day of its registration, the applicant is sent a confirmation of receipt of the notification in the form of an electronic document signed with an enhanced qualified electronic signature of the authorized body.

The register of notifications about the start of certain types of entrepreneurial activities registered with the territorial bodies of Rospotrebnadzor is publicly available and posted on the official website of the Federal Supervision Service for Supervision of Consumer Rights Protection and Human Welfare at http://notice.crc.ru/

The registry provides a search function for the addresses of legal entities; organizations engaged in entrepreneurial activities; types of entrepreneurial activity; the date of registration of the notification, the constituent entities of the Russian Federation in which the notification is registered; notification number.

Is the notice given only once? What if my business moved or closed?

Legal entities and individual entrepreneurs are required to additionally inform writing or in the form of an electronic document (an application in any form) no later than within 10 working days from the date of making the relevant entries in the Unified State Register of Legal Entities or the Unified State Register of Legal Entities in the Information Department:

a) on changing the location of the legal entity and (or) the place of actual implementation of activities;

b) on changing the place of residence of an individual entrepreneur and (or) the place of actual implementation of activities;

c) reorganization of a legal entity.

And if we decide to open a business in another city, will we have to go there to file a new notice?

Effective January 1, 2018 new order provision of public services in accordance with the extraterritorial principle.

Today, you can apply for the provision of public services and receive the results of its provision in any subdivision of the relevant federal executive body, body of the state non-budgetary fund or multifunctional center within the Russian Federation that provides such services at the choice of the applicant. At the same time, the place of residence or place of stay for individual entrepreneurs or the location for legal entities does not matter.

This fully applies to the service for receiving and accounting for notifications about the start of certain types of entrepreneurial activities carried out by the bodies of Rospotrebnadzor.

What happens if I don't file a notice or report a change?

In accordance with Article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation, liability is established for legal entities and individual entrepreneurs for failure to submit a notice of the commencement of business activities if the submission of such a notice is mandatory, as well as for the submission of a notice of the commencement of business activities. containing incorrect information.

Failure by a legal entity or individual entrepreneur to submit a notice of the commencement of entrepreneurial activity (with the exception of cases provided for by parts 1 and 2 of Article 14.1.2 of this Code), if the submission of such a notice is mandatory, thousand to five thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.

Submission by a legal entity or an individual entrepreneur of a notice of the commencement of entrepreneurial activity containing false information, if the submission of such a notice is mandatory, shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for legal entities - from twenty thousand to thirty thousand roubles.

The consideration of cases of administrative offenses provided for in Article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation is within the competence of the court.

Full or partial copying information material a link to the website of the Department of Rospotrebnadzor for the Volgograd region is required:

Introduction of a notification procedure for starting business activities

Notification procedure for starting business activities on the Russian territory valid from 1.07.2009. It involves notification by individual entrepreneurs and legal entities of the start of work of special authorized federal bodies. Earlier in our country there was a permissive procedure for starting activities. In accordance with it, mandatory approval and obtaining permission from the sanitary-epidemiological, fire-fighting and other services was assumed.

Notification procedure for the commencement of entrepreneurial activity

In accordance with the new law, to start a business, it is enough for an entrepreneur to inform the authorized bodies of his intentions. A number of federal services can be attributed to the designated state bodies:

Supervision in the transport sector
Employment and Labor Service
Consumer rights service
Medical Biological Service
Agency for Metrology and Technical Regulation
Service social development and health
The executive power of the subjects of the federation.

But most likely it will be Rospotrebnadzor, since control over most activities lies with it.

It should be noted that the notification of these services is carried out only after passing the state registration and tax registration by legal entities or individual entrepreneurs.

Areas of activity and work with services that fall under the new law

The notice must contain information confirming compliance with the mandatory requirements and compliance of employees, buildings, territories, premises, vehicles of the company with the specifics of the activities carried out. It should be noted that we are talking about strictly defined types of activities, as well as works and services within their framework, here are just a few of them:

Hospitality activities
Domestic services
Shoe repair and manufacturing
Catering
Manufacture of garments and textiles
Printing and publishing activities
Manufacturing building materials
Manufacture of packaging and containers.

In each of the activities, a whole list of services is presented, for example, in the field of household services there are categories for repair, tailoring and coloring shoes. At the same time, there is a section related to the tailoring and repair of leather and fur products, as well as maintenance. household appliances and appliances. If the company intends to provide services in various categories, then it is necessary to notify the authorized bodies about each of them separately.

To be continued …

Decree of the Government of the Russian Federation of July 16, 2009 N 584
"On the notification procedure for the commencement of certain types of entrepreneurial activity"

With changes and additions from:

April 14, October 23, 2010, December 26, 2011, September 4, 2012, January 25, February 16, June 20, 21, August 12, 2013, December 17, 2014, March 29, 2016, March 4, September 23, December 9, 2017, June 29, August 29, November 12, 2018

6. The notification is drawn up by the applicant in the form in accordance with Appendix No. 2 and submitted to the state control (supervision) body authorized in the relevant field of activity (hereinafter referred to as the authorized body) or the multifunctional center for the provision of state and municipal services (hereinafter referred to as the multifunctional center) if there is an agreement on interaction between the authorized body and the multifunctional center before the start of the actual performance of work (rendering of services).

II. Order of submission of notifications

7. The applicant submits a notification in 2 copies to the authorized body directly or sends it by registered mail with a list of attachments with a return receipt or in the form of an electronic document signed by the applicant with a strengthened signature.

Directly to the multifunctional center, the applicant submits a notification in one copy on paper.

If a notification is submitted directly to the authorized body, the date of its submission is the day of registration of the notification with the authorized body. When a notification is sent by mail, the day of its submission is considered the day of sending postal item. When sending a notification in the form of an electronic document, the day of its submission is the day of registration of this document in the system electronic document management authorized body.

When a notification is submitted directly to the multifunctional center, the day of its submission is considered the day of registration of the notification in the multifunctional center.

9. The official of the authorized body responsible for accounting for notifications received, on the day of receipt of the notification, registers it and puts a mark on both copies of the notification indicating the date of its receipt and registration number.

One copy of the notice remains with the authorized body, and the second is handed over (sent) on the day of registration to the applicant.

If a notification is submitted in the form of an electronic document, the official of the authorized body responsible for accounting for the notifications received, on the day of its registration, is obliged to send to the applicant confirmation of receipt of the notification in the form of an electronic document signed with an enhanced qualified electronic signature of the authorized body.

If a notification is submitted to a multifunctional center, an official of the multifunctional center generates an electronic image of the notification, which is sent to the authorized body in electronic form using an enhanced qualified electronic signature, puts a mark on the notification of acceptance and returns to the applicant.

Services for the provision of places for temporary and short-term residence and other places for temporary residence

II. Provision of household services
	Shoe tailoring services custom order population; shoe repair, stretching and coloring services
	Services for the production of other knitted and knitted products, not included in other groups by individual order of the population; repair and tailoring services for clothing and household textiles
	Services for the repair and maintenance of household radio-electronic equipment, household machines and household appliances, repair and manufacture of metal products	25.50.11.110, 25.61.11.112, 25.61.11.140, 25.62.20, 25.99.99, 32.12.99, 32.13.99, 33.12.17, 33.19.10, 43.21.10, 43.22.12.140, 95.11.10, 95.12.10, 95.21.10, 95.22.10, 95.25.11, 95.25.12, 95.29.12
	Production and repair of furniture	31.02.99, 31.09.99, 95.24.10.110, 95.24.10.193, 95.24.10.194
	Dry cleaning services (including fur cleaning services); dyeing and color intensification services; other textile cleaning services
	Maintenance and repair services for vehicles, machinery and equipment	33.15.10, 45.20.11.100, 45.20.11.200, 45.20.12 - 45.20.14, 45.20.21.100, 45.20.21.200, 45.20.21.519, 45.20.22 - 45.20.30, 45.40.50
	Photography Services
	Services in the field of sports and recreation activities
	Hairdressing and other beauty salon services

IV. Retail trade (excluding retail trade in goods whose free circulation is restricted in accordance with federal laws)
	Retail trade in non-specialized stores
	Retail sale of foodstuffs in specialized stores
	Retail sale of cosmetics and personal care products in specialized stores
	Retail trade in non-stationary trade facilities and markets

XXIII. Production of personal protective equipment
	Workwear production
	Production of protective gloves, fabric mittens for workers
	Manufacture of clothes from felt, non-woven materials, from textile materials impregnated or coated
	Manufacture of garments and its vulcanized rubber accessories
	Manufacture of protective headgear and other means of protection

XXVI. Production of building materials and products
	Manufacture of wooden building structures and joinery; production of prefabricated wooden buildings
	Manufacture of plastic products used in construction
	Manufacture of paving blocks, glass blocks, slabs and other articles of pressed or molded glass used in construction; glass production for stained-glass windows; manufacture of multicellular glass or foam glass in blocks, plates and similar forms
	Production of ceramic plates and tiles
	Production of bricks, tiles and other building products made of baked clay
	Production of cement, lime and gypsum
	Production of concrete products, cement and plaster
	Production of abrasive and non-metallic mineral products, not included in other groups
	Manufacture of building metal structures and products

XLI. Operation of explosive and chemically hazardous production facilities of hazard class IV
	Obtaining (formation) of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances that are hazardous to environment, at hazardous production facilities of hazard class IV
	Use of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV
	Processing of flammable, oxidizing, combustible, explosive, toxic, highly toxic and dangerous substances for the environment, at hazardous production facilities of hazard class IV
XLII. Carrying out activities in the field of circulation of medical devices (with the exception of clinical trials of medical devices, their production, installation, adjustment, application, operation, including Maintenance as well as repairs)
	Technical tests, toxicological studies, manufacture, import into the territory of the Russian Federation, export from the territory of the Russian Federation, storage, transportation, sale, disposal, destruction

XLIV. Installation, dismantling, operation, including maintenance and repair of elevators, lifting platforms for the disabled, passenger conveyors (moving footpaths), escalators, with the exception of escalators in subways

"O industrial safety hazardous production facilities".

________________________________
(notification registration mark
in the authorized body)

AT _______________________________________________________________________

(the name of the body of state control (supervision) authorized in the relevant field of activity (its territorial body) to which the notification is submitted is indicated)

NOTIFICATION
about starting a business

from "_______" ___________ 20___

(indicate the full and abbreviated, including the company name (if any), name, organizational and legal form of the legal entity, last name, first name, patronymic of an individual entrepreneur, taxpayer identification number (TIN), main state registration number legal entity or the main state registration number of the entry on the state registration of an individual entrepreneur (OGRN)

_________________________________________________________________________

(postal addresses of the location of the legal entity, including its branches and representative offices, places of actual implementation of the declared type (types) of activity, places of actual implementation of the declared type (types) of activity of an individual entrepreneur)

in accordance with Article 8 of the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control" notifies of the commencement of the following type (s) of entrepreneurial activity:

_________________________________________________________________________

(indicate the type (s) of activity and the work (services) performed in its composition for

_________________________________________________________________________

the list of works and services as part of certain types of business activities, about

_________________________________________________________________________

the beginning of the implementation of which by a legal entity or individual

_________________________________________________________________________

the employer submits a notice)

with "_____" __________ 20____ and confirms the compliance of territories, buildings, premises, structures, equipment, other similar objects, vehicles intended for use in the process of carrying out the declared activity, personnel, other conditions for doing business mandatory requirements.

Rules have been established for the submission by legal entities and individual entrepreneurs of notifications of the commencement of certain types of entrepreneurial activity. The procedure for accounting for these notifications has been determined.

A list of works and services has been approved as part of certain types of business activities, the commencement of which must be notified. It includes hotel and household services, catering services, retail and wholesale trade, production of textile materials, clothing, leather and leather products, wood processing and production of wood products (except furniture). The notification is also submitted at the beginning of publishing and printing activities, activities related to the use of computer technology and information technologies, transportation services by road.

Notification of the commencement of transportation activities is submitted to Rostransnadzor or its territorial office. Notification of the start of other types of activities is submitted to Rospotrebnadzor (its territorial body) or to the FMBA (its territorial body), if the activity is supposed to be carried out in the territory served by this agency.

The notification form is provided. It must be submitted to the authorized body before the actual performance of work (rendering of services) begins. It is necessary to inform the body that registered the notification about a change in the place of activity, location (place of residence - with entrepreneurs) and about the reorganization of the legal entity.

The authorized body shall keep records of notifications by maintaining their register. It includes the following information: name of the legal entity or full name of the entrepreneur, place of business, TIN, type of activity reported in the notification, etc.

This information is public and public. They are posted on the official websites of the authorized bodies.

Decree of the Government of the Russian Federation of July 16, 2009 N 584 "On the notification procedure for the commencement of certain types of business activities"

This resolution enters into force 7 days after the day of its official publication.

This document has been modified by the following documents:

Government of the Russian Federation of December 17, 2014 N 1385 come into force of the Government of the Russian Federation of October 23, 2010 N 854

The changes come into force on January 1, 2011.

Decree of the Government of the Russian Federation of April 14, 2010 N 245

Notification procedure for starting business activities

Federal Law No. 294-FZ of December 26, 2008 "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" and Government Decree No. 584 of July 16, 2009 provide for a notification procedure for starting activities in certain areas (for example, hotel, household services, catering services, trade, transportation of passengers and luggage, cargo, production).

Legal entities and individual entrepreneurs are required to notify the authorized authority (Rospotrebnadzor, FMBA of Russia or Rostransnadzor) of the start of such entrepreneurial activity after state registration and registration with the tax authority before the actual commencement of work or provision of services.

REGISTRATION
LIMITED LIABILITY COMPANIES

Step 1: Document preparation

Before preparing documents for the registration of an LLC, the founder(s) must decide on the following points:

— name (name of LLC);

— legal address (registration address of LLC);

- the size of the authorized capital (minimum 10,000 rubles);

— distribution of shares between participants (if there are several of them);

- head (general director);

- types of activities that are planned to be engaged in (OKVED codes);

- taxation system.

1. Minutes of the founding meeting of the LLC. If there is only one founder, then accordingly - the decision to establish an LLC. The protocol or decision is printed in 3 copies, one to the tax authority, the rest will be needed in the future. Double-sided printing of documents submitted to the registration authority is prohibited.

2. If there are several founders, we prepare an agreement on the establishment of an LLC, but it is not necessary to submit it to the tax office. The number of copies depends on the number of founders - one for each.

3. Filling out the application form for state registration of a legal entity upon creation - form P11001 in Excel format (printed in one copy).

4. Preparation of the charter of the LLC (printed in two copies, both are submitted to the tax office, one of them with the tax stamp is received after registration).

The charter, minutes and sheets of the completed application are fastened with simple paper clips. At the moment, it is not necessary to flash documents when applying for state registration (Letter of the Federal Tax Service dated September 25, 2013 N SA-3-14 / [email protected]). It is not necessary to certify the signatures of the founders of an LLC with a notary when personally submitting documents for the initial registration of an LLC, but the presence of all founders is mandatory, both upon delivery and upon receipt (Federal Law N 129-FZ, Chapter III, Art. 9, item 1.2, second paragraph).

Step 2: Payment of the state duty

In the formation of a receipt for payment of the state duty, the service of the Federal Tax Service for the payment of state duty will help you, print and pay ( 4000r.) without commission in any bank. Payment is made by any of the founders. We support the paid receipt to the top edge of the first sheet of application P11001. This service also allows you to use the service of non-cash electronic payment. Since March 11, 2014 the Order of the Ministry of Finance of Russia dated December 26, 2013 N 139n came into force, from which it follows that the failure to provide a document confirming the payment of the state fee is not a basis for refusing registration, the tax authority may request it in information system on state and municipal payments independently. Thus, you can exclude a trip to the bank by paying the state duty by non-cash electronic payment.

Step 3: State registration

To register an LLC, you will need:

- passport details of the founders and the head;

- TIN of the founders and the head (if any);

- a copy of the certificate of ownership of the premises and a letter of guarantee from the owner of the premises (if the premises do not belong to you), or the consent of the owner of the residential premises (when registering at a home address).

Documents for registration of an LLC must be submitted to the tax office:

Notification procedure for the commencement of certain types of entrepreneurial activity

Application for state registration of a legal entity upon creation in the form P11001;

2. Protocol (decision) on the establishment of LLC;

3. Charter of LLC (two copies);

4. Document on payment of the state fee for registration of a legal entity (receipt);

5. A copy of the certificate of ownership of the premises;

6. Letter of guarantee from the owner of the premises (if the premises do not belong).

7. If necessary, an Application for the transition to a simplified taxation system in the form 26.2-1 can also be submitted simultaneously with the documents for registering an LLC.

Originals or copies of the TIN of the participants and the head are not required when submitting documents for registration of an LLC. However, if there is a TIN, it is mandatory to indicate it in the application.

All founders go to the tax office, taking their passports with them, and submit a package of documents to the registering inspector. The presence of the leader CEO), if he is not a founder, is not required. Each founder, on his Sheet H of the application, fills in the full name field by hand with a pen with black ink. and signs the applicant in the presence of the tax inspector.

After 3 working days, all the founders come with passports and a receipt to the tax and receive a package of the following documents:

✔ certificate of state registration of a legal entity;

✔ certificate of registration with the tax authority;

✔ record sheet of the unified state register of legal entities;

✔ one copy of the charter with a tax stamp.

Attention! An extract from the Unified State Register of Legal Entities has been excluded from the list of documents issued during registration since March 11, 2014 by Order of the Ministry of Finance of Russia dated December 26, 2013 N 139n.

Possible additional costs for opening an LLC:

- services of lawyers in the preparation of documents - from 5000 to 8000 rubles.

- notarization of the application in the form P11001 - from 1000 to 1500 rubles.

– notarized power of attorney for a representative – from 1000 to 1500 rubles.

AFTER LLC registration:

- filing an application for the transition to the simplified taxation system, if necessary (it is possible at the same time as registration);

- obtaining statistics codes for LLC;

– ordering a seal for an LLC (not mandatory since 2015);

– opening a current account for LLC in a bank;

– obtaining the necessary licenses (if the activity requires it);

- installation and registration cash register for LLC (if necessary).

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species economic activity(codes according to OKVED2 OK 029-2014), carried out by business entities, the involvement of which (subjects) is possible as part of the transfer to the non-state sector

10.85 "Manufacture of finished food products and dishes";

10.86 "Production baby food and dietary foods”;

10.89 "Manufacture of other food products not included in other groups";

49.39 "Activities of other land passenger transport, not included in other groups";

49.41 "Activity of road freight transport";

49.42 "Provision of transportation services";

52.10 "Storage and warehousing activities";

56.10 Restaurant activities and food delivery services;

56.29 "Activities of public catering enterprises for other types of catering";

56.30 "Serving drinks";

77.11 "Rent and leasing cars and light vehicles”;

77.12 "Rent and leasing of cargo vehicles";

80.10 "Activities of private security services";

80.20 "Activity of security systems";

81.10 "Activities for complex service premises";

81.21 "General cleaning activities of buildings";

81.22 "Other cleaning and cleaning activities of residential buildings and non-residential premises";

81.29 "Other cleaning and cleaning activities";

81.30 "Landscape improvement activities";

88.10 "Provision of social services without providing accommodation for the elderly and disabled";

88.91 Provision of day care services for children;

88.99 "The provision of other social services without providing accommodation, not included in other groups";

96.01 "Washing and dry cleaning of textile and fur products."

Notification of the commencement of certain types of entrepreneurial activity

Federal Law No. 294-FZ of December 26, 2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” provides that legal entities, individual entrepreneurs are required to notify the authorized representative of the commencement of certain types of entrepreneurial activity. The government of the Russian Federation in the relevant area is the federal executive body. Thus, for engaging in certain types of entrepreneurial activity, it is provided notification mode (Unlike permissive license mode). At the same time, the notification regime, similarly to the license regime, refers to a special entrepreneurial regime.

Notification of the commencement of business activities(hereinafter - notice) - a document that is submitted by a legal entity, an individual entrepreneur registered in accordance with the procedure established by the legislation of the Russian Federation to the federal executive body authorized by the Government of the Russian Federation in the relevant area and through which such a legal entity, such an individual entrepreneur informs about the start of certain types of entrepreneurial activity and its compliance with mandatory requirements.

List of types of entrepreneurial activity, falling under the notification regime, Art. 8 of the Law on State Control. These include, in particular, the provision of hotel services, the provision of personal services, the provision of public catering services by public catering organizations; publishing and printing activities, etc.

List of works and services as part of the types of entrepreneurial activity specified in the Law on State Control (with indication of the code according to All-Russian classifier) approved by Decree of the Government of the Russian Federation of July 16, 2009 No. 584. For example, the following services are included in such an activity as the provision of personal services: repair, dyeing and tailoring of shoes; repair and tailoring of clothing, fur and leather products, hats and textile haberdashery, repair, tailoring and knitting of knitwear; dry cleaning and dyeing, laundry services; services of a photo studio and photo and film laboratories; bath and shower services; hairdressing services, etc.

It should be noted that the Law on State Control establishes a ban on filing requirements for legal entities, individual entrepreneurs to obtain permits, opinions and other documents to start doing business in relation to works and services as part of the types of activities that are subject to the notification regime.

The federal executive authorities authorized to receive notifications are determined by Decree of the Government of the Russian Federation of July 16, 2009 No. 584. Such authorities include the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, the Federal Service for Supervision of Transport, etc.

AT notice indicates compliance by a legal entity, an individual entrepreneur with mandatory requirements, as well as the compliance of their employees, their business activities and territories, buildings, structures, structures, premises, equipment, similar objects, vehicles intended for use in the course of their business activities with mandatory requirements and requirements established by municipal legal acts.

The notification is drawn up by the applicant in the prescribed form, submitted by a legal entity, an individual entrepreneur at the place of the alleged actual implementation of work (rendering of services) to the appropriate authorized body after state registration and registration with the tax authority before the actual performance of work or provision of services .

The applicant submits a notification to the authorized body directly or through a multifunctional center for the provision of state and municipal services.

Notification procedure for starting activities

The notification may be submitted in the form of an electronic document.

A legal entity, an individual entrepreneur are obliged to provide information about a change in the location of the legal entity and (or) the place of actual implementation of activities; on changing the place of residence of an individual entrepreneur; on the reorganization of a legal entity.

The rules for submitting and accounting for notifications (hereinafter referred to as the Rules), the Notification Form are enshrined in Decree of the Government of the Russian Federation of July 16, 2009 No. 584. Recognizing the refusal of Rospotrebnadzor in the Moscow Region to register as illegal Notifications The Federal Arbitration Court of the Moscow Region, in its decision of April 3, 2012 No. F05-2547 / 12, indicated that the Rules do not contain an indication that the type of activity declared in the notification must also be indicated in the extract from the Unified State Register of Legal Entities.

Violation by a legal entity or an individual entrepreneur of the established procedure for submitting notifications of the commencement of business activities is the basis for bringing to administrative responsibility under Art. 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation. Failure to fulfill the obligation stipulated by legal acts by the deadline indicates that administrative offense is not lasting (clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 “On some issues that arise with the courts when applying the Code of Administrative Offenses of the Russian Federation”). Thus, the administrative offense expressed in the failure to provide a notice of the commencement of entrepreneurial activities is not lasting and the statute of limitations for it (3 months) begins to run from the moment such activities begin (see: Resolution of the Supreme Court of the Russian Federation dated April 24, 2013 No. 56- AD13-4, Decree of the Supreme Court of the Russian Federation of August 13, 2012 No. 49-AD12-7).

test questions

1. Describe the system of normative legal acts regulating the licensing of business activities.

2. Expand the content of business licensing. What is a license?

3. What types of liability are provided by law for violations in the field of licensing?

4. What is the essence of the notification regime for starting a business?

Literature

1. Bagandov A. B. Licensing law of the Russian Federation: studies.-practical. allowance. Moscow: Eksmo, 2004.

2. Shishkin S. N. Entrepreneurial and legal (economic and legal) foundations state regulation economy. M.; Berlin: Infotropic Media, 2011.

Related information:

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Notification of the commencement of entrepreneurial activity is submitted by legal entities, individual entrepreneurs performing works and services in accordance with the List of works and services approved by the Government of the Russian Federation as part of the following types of activities:

1) provision of hotel services, as well as services for temporary accommodation and provision of temporary accommodation;

2) provision of personal services;

3) provision of public catering services by public catering organizations;

4) retail trade (with the exception of retail trade in goods, the turnover of which is limited in accordance with federal laws);

5) wholesale trade (excluding wholesale trade goods whose turnover is restricted in accordance with federal laws);

6) the provision of services for the transportation of passengers and luggage on orders by road (with the exception of such transportation on routes regular transportation, as well as to meet their own needs of legal entities, individual entrepreneurs);

7) the provision of services for the carriage of goods by vehicles, the total mass of which is more than two tons, five hundred kilograms (with the exception of such transportation carried out to meet the own needs of legal entities, individual entrepreneurs);

8) production of textile materials, garments;

9) clothing production;

10) production of leather, leather products, including footwear;

11) wood processing and production of wood and cork products, with the exception of furniture;

12) publishing and printing activities;

13) activities related to the use of computer technology and information technologies (with the exception of the specified activities carried out in order to protect state secrets);

14) production of bread, bakery and confectionery products;

15) production of milk and dairy products;

16) production of juice products from fruits and vegetables;

17) production of oil and fat products;

18) production of sugar;

19) production of flour products;

20) production of soft drinks;

21) production of measurement standards, standard samples and measuring instruments;

22) production of containers and packaging;

23) production of furniture;

24) production of personal protective equipment;

25) production of fire-technical products;

26) production of low-voltage equipment;

27) production of building materials and products;

28) provision of social services;

29) travel agency activities;

30) carriage of goods by sea (with the exception of dangerous goods);

31) transportation of goods by inland water transport (with the exception of dangerous goods);

32) carriage of goods by rail (with the exception of dangerous goods);

33) transportation of cargo and luggage by rail;

34) transportation of goods (movement of goods without concluding a contract of carriage) on public railway tracks, except for the removal of arrived wagons from the railway exhibition tracks, their return to the railway exhibition tracks;

35) demonstration of films;

36) operation of explosive and fire hazardous and chemically hazardous production facilities of hazard class IV;

37) carrying out activities in the field of circulation of medical devices (with the exception of clinical trials of medical devices, their production, installation, adjustment, use, operation, including maintenance, as well as repair).

The purpose of the notification procedure is in the exclusion of obtaining permits and consents from various kinds of state bodies.

The notice of the commencement of certain types of entrepreneurial activity indicates that the legal entity, individual entrepreneur complies with the mandatory requirements (fire-fighting, sanitary, license, etc.), as well as the compliance of their employees, their business activities and intended for use in the process carrying out their entrepreneurial activities of territories, buildings, structures, structures, premises, equipment, similar objects, vehicles with the mandatory requirements and requirements established by municipal legal acts.

Thus, notification of the commencement of certain types of activities implies that:

- the entrepreneur is familiar with all the mandatory requirements for the relevant type of activity by fire and environmental services, sanitary and epidemiological supervision and other regulatory authorities;

- ensured their implementation;

- is ready to demonstrate this (during a scheduled inspection of its activities, which will be carried out on time).

Notification of the commencement of entrepreneurial activity (hereinafter referred to as NPA)- a document filled out in a strictly prescribed form.

Notification procedure for starting business activities (Kvanina V.V.)

Notification is provided by legal entities and entrepreneurs to the Office of Rospotrebnadzor at the place of doing business. For Moscow entrepreneurs, the notification is submitted in Moscow, respectively.

What are the deadlines for filing a notice?

As such, Rospotrebnadzor does not indicate a strict deadline. In accordance with the law, the notice period for the commencement of entrepreneurial activity is the period between the state registration of the enterprise and the immediate commencement of the provision of services and works.

The procedure for submitting documents is regulated in detail by Law No. 294-FZ, according to paragraph 2 of which, almost all types of commercial activities are required to comply with these requirements (hotel and restaurant business, wholesale and retail trade, household and transport services and much more).

For failure to comply with the requirements of the law, administrative liability is provided: a fine for individual entrepreneurs - from 3,000 to 5,000 rubles, for legal entities - from 10,000 to 20,000 rubles. It is important not only to follow the procedure and provide information before starting to conduct business, but also to provide reliable, documented information. The amount of the fine increases significantly if the document contains false or untrue information.

Structure of the NAP notification

The NPD notification is drawn up in the approved form and includes:

Information about the founder (name, postal and actual addresses), name of the organization, type of its activity;
Information about the TIN and PSRN, supported by copies of documents;
Information about all activities of the organization.

In fact, the notification is a written confirmation that the production and work process at the enterprise fully complies with the mandatory requirements duly established by law.

The procedure for submitting a NAP notification to Rospotrebnadzor

Individual entrepreneurs or legal entities must follow certain procedures when submitting a NAP notification:

Prepare two completed copies of the NAP notification
Attach a copy of the PSRN to the written application.
Attach a copy of the TIN of the legal entity LLC or individual entrepreneur.

Hand over the prepared documents personally or send them by mail to the relevant authorities.

Professional registration of the notice of the beginning of entrepreneurial activity

The specialists of our company have many years of experience in the legally competent implementation of the execution of various documentation provided to the Office of Rospotrebnadzor and other control bodies of the Russian Federation.

We also offer assistance in the prompt preparation and filing of notifications. Our qualified employees will professionally draw up a notice and control the procedure for registering client documentation.

One of the achievements of state policy in the field of reducing administrative pressure on business is the introduction by the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" of the legal institution "Notification procedure for starting implementation of certain types of entrepreneurial activity”.

– What does the introduction of this institution mean for entrepreneurs?

- First of all, this is an easier way to start a business due to a reduction in the number of documents that need to be filled out.

Secondly, it is a kind of protection against possible manifestations of corruption. After all, now there is no need to coordinate the start of entrepreneurial activity with a huge number of individual state bodies and services.

Who is subject to notification?

- The notification procedure for starting certain types of business activities applies to legal entities and individual entrepreneurs who started their business in July 2009, that is, from the date of entry into force of Article 8 of Federal Law No. 294-FZ of December 26, 2008.

- Who can use this public service?

- The notification is submitted by a legal entity or individual entrepreneur intending to perform work (render services) in accordance with the list of works and services as part of certain types of entrepreneurial activity.

The list of works and services subject to the notification procedure includes more than 40 types of activities, from catering and retail trade services to the production of personal protective equipment (Appendix 1 to Decree of the Government of the Russian Federation of 16.07.2009 No. 584 (as amended on 09.12. 2017) “On the notification procedure for the commencement of certain types of entrepreneurial activity”).

The powers of Rospotrebnadzor include 66 items of work and services in 28 types of activities.

If the business includes several items on the list at once, all of them will need to be indicated.

- When should the notice be given?

- Legal entities and individual entrepreneurs are required to submit a notification after their state registration and registration with the tax authority, but before the start of the actual performance of work or the provision of services.

- How and where can I submit a notification?

- Notification can be submitted:

In the Office of Rospotrebnadzor for the Khabarovsk Territory at the address: 680009, Khabarovsk, st. Karl Marx, 109B;

Send by mail with a description of the attachment and a return receipt to the specified address;

Through the branches of the MFC in the administrative territories of the region;

In the form of an electronic document signed with a certified electronic signature (Law of April 6, 2011 No. 63-FZ “On Electronic Signature”) using the Unified Portal of Public Services.

Are there any rules for submitting notifications?

– The notification is submitted in 2 copies filled in Russian, without errors and corrections. When applying through the MFC, 1 copy is sufficient.

The notification form can be found on the official website of the Office of Rospotrebnadzor for the Khabarovsk Territory in the section "Notices on the start of business activities", as well as in the ATP "ConsultantPlus".

On the website of the Office, the applicant can fill out and send for verification the correctness of filling out the notification template in electronic form.

- How much will you have to pay?

– There is no charge for registering notices, making entries in the register, and submitting information contained in the register.

- How can I find out if the notification was accepted or not?

– On the day of receipt of the notification, it is registered, and both copies of the notification are marked with the date of receipt and registration number.

One copy of the notice remains with the authorized body, and the second is handed over (sent) on the day of registration to the applicant.

The Department of Rospotrebnadzor for the Khabarovsk Territory maintains a register of registered notifications. The information contained in the register is open and publicly available and is posted on the official website of the Office in the section "Notifications on the start of business activities".

What if my business moved or closed?

- Legal entities and individual entrepreneurs are required to additionally report in writing or in the form of an electronic document (application in any form) no later than within 10 working days from the date of making the relevant entries in the Unified State Register of Legal Entities or the EGRIP in the Office of the information:

On changing the location of the legal entity and (or) the place of actual implementation of activities;

On changing the place of residence of the individual entrepreneur and (or) the place of actual implementation of activities;

On the reorganization of a legal entity.

- And if we decide to open a business in another city, will we have to go there to file a new notice?

– From January 1, 2018, a new procedure for the provision of public services came into force in accordance with the extraterritorial principle.

From now on, you can apply for the provision of public services and receive the results of its provision in any subdivision of the relevant federal executive body, body of the state non-budgetary fund or multifunctional center within the Russian Federation that provides such services at the choice of the applicant. At the same time, the place of residence or place of stay for individual entrepreneurs or the location for legal entities does not matter.

This fully applies to the service for receiving and accounting for notifications about the start of certain types of entrepreneurial activities carried out by the bodies of Rospotrebnadzor.

– What happens if I do not file a notice or report the changes that have occurred?

- For this, administrative responsibility is provided for under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation in the form of a warning or a fine of up to 5,000 rubles.

DEPARTMENT OF ROSPOTREBNADZOR IN KHABAROVSK KRAI

Additional information on the site http://27.rospotrebnadzor.ru in the section “Lines of activity. Notifications about the start of entrepreneurial activity” and the block “Information for entrepreneurs about the registration of notifications”

Publication source: informational monthly "Right Decision" issue No. 04 (186), release date from 04/19/2018.

The article was posted on the basis of an agreement dated October 20, 2016, concluded with the founder and publisher of the informational monthly "The Right Solution" LLC "Firm" NET-DV ".