In article it is noted that includes licensing of some types of an entrepreneurial activity.
According to the Ukrainian legislation process of licensing includes delivery, renewal and cancellation of licenses, issue of duplicates of licenses, conducting license affairs and license registers, control of observance by licensees of license conditions, the edition of orders about elimination of violations of license conditions, and also orders about elimination of violations of the legislation in the licensing sphere.
Obtaining the license is regulated by the following regulations:
1. The law of Ukraine About licensing of certain types of an entrepreneurial activity No. 1775-III from June 1, 2000.
2. The resolution of Cabinet council of Ukraine About the approval of the list of documents which are applied to the statement for licensing for a certain type of economic activity from June 4, 2001 of No. 756.
The set of types of economic activity is subject to licensing. To what are inherent in the enterprises in the rural zone, it is necessary to carry:
– search (investigation) of minerals;
– manufacturing of medicines, home shopping service by medicines;
– production of veterinary medicines and preparations, wholesale, home shopping service by veterinary medicines and preparations;
– production of pesticides and agrochemicals, wholesale, home shopping service by pesticides and agrochemicals;
– central water supply and water removal;
– cultivation, use of the plants containing narcotic substances for the industrial purposes;
– veterinary practice;
– the activity connected with industrial catching of fish on industrial sites of fishery reservoirs, except internal reservoirs (ponds) of farms;
– wholesale trade in seeds;
– production, storage and realization of breeding (genetic) resources, carrying out genetic examination of an origin and anomalies of animals.
What order of obtaining license?
The law of Ukraine About licensing of certain types of an entrepreneurial activity provides three approaches to obtaining the license:
– by a zayavitelny principle;
– by an allowing principle;
– on competition.
The Zayavitelny principle means that for obtaining the license the subject of managing should submit the application on obtaining the license and a copy of the certificate on the state registration. I.e., the businessman declares the desire to carry out economic activity of a certain look.
The allowing principle which extends on the majority of types of economic activity, consists that except the statement and a copy of the certificate on the state registration, it is necessary to file and other documents which confirm ability of the businessman to carry out economic activity of a certain look according to license conditions.
On competitive bases grant the license for those types of economic activity which are connected with use of limited resources provided that in body of licensing some statements arrived.
In former times, on the expiration of the license it could be continued according to the statement of the subject of an entrepreneurial activity. After adoption of law of Ukraine About licensing of certain types of an entrepreneurial activity the license doesn’t last any more. Now it is necessary to obtain the new license in the general order. Thus it is necessary to remember about such norm: the body of licensing will issue the new license not earlier than the last working day of action of the previous license.
It is necessary to submit what documents for obtaining the license?
Before submission of documents it is necessary to find out a place finding of body of licensing which grants licenses for a certain kind of activity, and to prepare such documents:
1. Statement for licensing;
2. A copy of the certificate on the state registration of the subject of managing or a copy of the reference on entering into the Uniform state register of the enterprises and the organizations (certified notarially or in body which issued the original of this document);
3. For some types of economic activity – other documents, which list it is defined in the resolution of Cabinet council of Ukraine About the approval of the list of documents which are applied to the statement for licensing for a separate type of economic activity from 04.07.2001, No. 756.
The application for obtaining the license and the enclosed documents are accepted according to the inventory. To the applicant should give out a copy of this description with a mark about date of adoption of documents in body of licensing and the signature of the responsible person.
What procedure of obtaining license?
The body of licensing should issue the license within three working days after day of receipt of the document confirming introduction of a payment for licensing.
For licensing almost on all types of economic activity irrespective of, the physical or legal entity is the subject of an entrepreneurial activity, such payment is established:
– 20 free minima of the income of citizens - if body of licensing are the central executive authority;
15 free minima of the income of citizens – if body of licensing are local executive authority.
If the legal entity has branches, other divisions and in the statement about licensing their site is specified, it should pay as well delivery of a copy of the license.
On the basis of the license which was given out by the central executive authority, it is possible to carry out economic activity in all territory of Ukraine. If body of licensing is the local executive authority, action of the license extends only on the territory of the corresponding administrative and territorial unit.