The procedure for licensing transportation and forwarding activities. Do I need a license to transport passengers and cargo? Can they refuse

Introduction

Licensing as a civil law institution dates back to "pre-perestroika times", so the stages of its legal regulation must be considered in the close dynamics of the development of basic legislative acts.

In Soviet law, licensing performed mainly the function state control over the export and import of goods and the expenditure of foreign exchange. With the beginning of perestroika, the licensing institution reached a qualitatively different legal level. Thus, after the adoption of the Law of the RSFSR "On Enterprises and Entrepreneurial Activities", enterprises, regardless of the form of ownership, acquired the right to carry out any type of activity not prohibited by law in all spheres and industries. National economy. At the same time, certain types of activities of the enterprise could be carried out only on the basis of a special permit (license). Determining the list of activities and the procedure for issuing licenses was assigned to the competence of the Council of Ministers of the RSFSR and the Councils of Ministers of the republics that are part of the RSFSR, or bodies authorized by them.

After the adoption of the Constitution of the Russian Federation in 1993, the process of streamlining licensing issues was slow and difficult, since a large number of acts that contradict the adopted Basic Law of Russia, it was necessary to subject to examination, cancellation or protest in judicial order. In addition, the Government of the Russian Federation did not reduce its activity in the legal regulation of licensing issues. One of the main laws that established the fundamental provisions for the application of such an administrative and legal regime in the economy as licensing was the Civil Code Russian Federation. Paragraph 1 of Art. 49 of the Civil Code of the Russian Federation, it was established that the list of activities that entrepreneurs can engage in only with a license is determined by federal law. Such a Law - "On Licensing Certain Types of Activities" - was adopted in 1998.

Nevertheless, the vicious practice of executive authorities to be guided in their activities by by-laws did not stop for a long time. It took a lot of time and efforts of the judiciary, the prosecution authorities of Russia in order to bring law enforcement practice in line with the Constitution of the Russian Federation, the Civil Code of the Russian Federation and other federal legislation.

Currently, a special law regulating relations arising between federal executive authorities, executive authorities of the constituent entities of the Russian Federation, legal entities and individual entrepreneurs in connection with the licensing of certain types of activities in accordance with the established list is the Federal Law of August 8, 2001 . N 128-FZ "On Licensing Certain Types of Activities".

Licensing of transport activities

The state program for the privatization of state and municipal enterprises in the Russian Federation provided for the possibility of privatizing enterprises of maritime, air, inland waterway and road transport, which allowed individuals and legal entities to carry out entrepreneurial activities (transportation of goods and passengers, freight forwarding and other types of work). At the same time, it was especially noted that such activities can be carried out only on the basis of special permits (licenses). Entrepreneurial activity in railway transport can be carried out on the basis of a license obtained in accordance with Decree of the Government of the Russian Federation dated March 15, 2006 No. 134 “On Licensing Certain Types of Activities in Railway Transport”. This became possible as a result of a change in the form of ownership in railway transport dated January 10, 2003 N15-FZ. This is already the second Decree of the Government of the Russian Federation on licensing issues, which was issued in development of the fundamental Federal Law of August 8, 2001 No. 128-FZ “On Licensing Certain Types of Activities”.

The Decree approved the Regulation on Licensing the Transportation of Passengers and Luggage by Rail; Regulations on Licensing of Cargo Transportation by Rail; Regulations on licensing the transportation of goods (movement of goods without concluding an agreement - transportation) according to railway tracks general use, except for the cleaning of arrived cargoes from the railway exhibition tracks, their return to the railway exhibition tracks; Regulations on licensing of loading and unloading activities in relation to dangerous goods in railway transport.

In accordance with this resolution, the procedure for issuing a license is common to all provisions. The license is granted for 5 years. The validity period of a license may be extended at the request of the licensee in the manner prescribed for reissuing a license. In the Federal Law of August 8, 2001 “On Licensing Certain Types of Activities”, it was specifically noted that from the date of its entry into force, the introduction of licensing of other types of activities is possible only by amending the list of activities established by this law, for which a license is required , that is, it was established (and once again confirmed by Article 49 of the Civil Code) that any type of activity subject to licensing can only be established at the federal level.

Article 5 of the federal law defines the powers of the Government of the Russian Federation in the implementation of licensing. The government is given the right to approve regulations on licensing specific types of activities; to determine the federal executive bodies that can carry out licensing of specific types of activities; establish the types of activities, the licensing of which is carried out by the executive authorities of the constituent entities of the Russian Federation.

Article 17 of the federal law "On Licensing Certain Types of Activities" includes a number of types of business activities related to the transportation of goods and passengers among the licensed types of activities.

In maritime transport, activities related to the carriage of passengers and cargo by sea are subject to mandatory licensing; survey service of ships in seaports; loading and unloading activities in seaports; maritime towing services (except when specified activity carried out to meet their own needs legal entity or individual entrepreneur).

In inland waterway (river) transport, activities related to the transportation of passengers and cargo by inland waterway transport are subject to mandatory licensing; loading and unloading activities in inland water transport.

In air transport, activities related to the transportation of goods and passengers are subject to licensing; aircraft maintenance activities; aircraft repair activities; activities on the use of aviation in the sectors of the economy.

Passenger transportation is subject to mandatory licensing in road transport by car equipped for transportation of more than eight people (except for cases when the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur); transportation of passengers on a commercial basis by passenger cars; transportation of goods with a capacity of more than 3.5 tons (except for cases when the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur).

Guided by the powers granted to it by the Federal Law “On Licensing Certain Types of Activities” (both the previous one and the current one), the Government of the Russian Federation approved the regulations on licensing specific types of activities for each mode of transport.

In accordance with the Decree of the Government of the Russian Federation dated March 15, 2006 No. 134, which was mentioned above, in order to carry out entrepreneurial activities in railway transport and, accordingly, obtain a license, it is necessary to comply with the requirements of regulatory legal acts of the Russian Federation, industry standards and other regulatory technical documents establishing the rules for the transportation of goods, passengers, and requirements for ensuring traffic safety in railway transport; compliance of the rolling stock, railway stations, other buildings and structures, equipment and devices used in the transportation of goods and passengers, as well as technological processes established technical standards and rules in the field of railway transport; availability of employees who meet the relevant qualification requirements; providing passengers with information about the operating mode of the licensee, its location, the availability of a license and certificates for services subject to mandatory certification; transportation of passengers in accordance with the norms and rules established in railway transport; the presence in the licensee's staff of persons responsible for the transportation of goods and passengers with higher or secondary specialized education and at least 3 (5) years of work experience in this field over the last 10 years of employment.

Currently, when carrying out business activities related to the transportation process in maritime transport, individuals and legal entities are guided by the provisions on licensing the transportation of goods, passengers by sea, activities for the implementation of towing by sea; loading and unloading activities in seaports; survey services for sea vessels in seaports, approved by the Decree of the Government of the Russian Federation of August 13, 2006 No. 490.

In accordance with these provisions, the above activities of legal entities, regardless of the form of ownership, as well as individuals engaged in entrepreneurial activities without forming a legal entity, related to:

a) transportation of goods and passengers, charter operations for the transportation of goods and passengers in maritime transport, towing of ships and other floating objects;

b) maintenance of ships in ports in order to ensure the life of ship crews and the safety of navigation;

c) forwarding services, loading and unloading activities in seaports.

The license is issued in accordance with the new procedure for each type of activity by the Federal Service for Supervision in the Sphere of Transport for a period of at least five years. Article 8 of the Federal Law "On Licensing Certain Types of Activities" admits that the Regulations on Licensing Specific Types of Activities may provide for the perpetual validity of a license.

To obtain a license, the applicant submits to the licensing authority: an application for a license indicating the name and legal form of the legal address, the current account number and the name of the relevant bank (for legal entities); for individuals engaged in entrepreneurial activities - last name, first name, patronymic, place of residence in accordance with passport data; information about the type of activity that the legal entity or individual entrepreneur intends to engage in; copies of constituent documents and certificate of state registration enterprises certified by a notary; a copy of the certificate of state registration of a citizen as an individual entrepreneur; characteristics of ships and floating objects, loading and unloading equipment, berths and other facilities necessary for the performance of the relevant type of activity. In the case of lease of fixed assets, copies of documents confirming the right to use them for a licensed type of activity are provided. The licensing body makes a decision to grant a license within a period not exceeding sixty days from the date of receipt of incorruptibility to grant a license with all necessary documents. The establishment of the specified period is carried out in accordance with Art. 9 of the Federal Law "On Licensing Certain Types of Activities".

On the basis of the same article, the license applicant has the right to appeal, in accordance with the procedure established by the legislation of the Russian Federation, the refusal of the licensing authority to grant a license or its inaction. privatization transport activity license

When carrying out business activities related to by air, should be guided by the Federal Aviation Rules for Licensing Activities in the Field of Civil Aviation, approved by Decree of the Government of the Russian Federation of June 23, 2007 No. 397. And in accordance with these rules (clause 2), the following types of activities are subject to licensing:

a) operation and provision of air transportation (domestic and international) of passengers, baggage, cargo and mail on a commercial basis;

b) maintenance of air traffic, as well as maintenance of aircraft, passengers, baggage, cargo and mail at airfields and airports;

c) carrying out aviation work to meet the needs of citizens and legal entities, including those performed in the airspace of foreign states, and activities to ensure aviation work;

d) training of specialists of the appropriate level in accordance with the lists of positions of aviation personnel.

Licenses are issued in accordance with Decree of the Government of the Russian Federation dated January 26, 2006 No. 45 "On the organization of licensing certain types of activities" by the Federal Air Transport Agency. Non-commercial activities in the field of civil aviation may be carried out without licenses.

To obtain a license, the applicant submits all the documents provided for in Art. 9 of the Federal Law "On Licensing Certain Types of Activities", as well as documents stipulated by the Federal Aviation Rules: a copy of the document confirming the applicant's vocational (technological) ability to perform licensed species activities (operator licenses, certificates).

Licensing of transportation (carriage of goods and passengers) loading and unloading activities related to the implementation of the transport process in inland water transport in the Russian Federation is carried out in accordance with the Regulations on the licensing of certain types of activities in inland water transport, approved by the Decree of the Government of the Russian Federation of August 13, 2006 No. 490. These Regulations regulate in detail the relations related to the issuance of a license to legal entities and individuals engaged in entrepreneurial activity when carrying out transportation of goods and passengers by inland waterways; their loading and unloading activities in inland water transport.

The license is issued by the Federal Service for Supervision in the Sphere of Transport for a period of at least five years in the form established by it. In road transport, when carrying out activities that are subject to compulsory licensing, they are guided by the Regulation, which establishes its types and the procedure for their licensing,

Mandatory licensing is subject to activities related to the transportation of passengers and goods by road in the Russian Federation. It is regulated by the Regulations on Licensing the Transportation of Passengers and Goods by Road in the Russian Federation, approved by Decree of the Government of the Russian Federation of October 30, 2006 No. 637. In accordance with it (clause 2), the activities of legal entities are subject to licensing, regardless of the organizational and legal form, as well as individuals engaged in entrepreneurial activities without forming a legal entity, performing:

a) urban, suburban and intercity transportation, including interregional transportation (meaning transportation between constituent entities of the Russian Federation);

b) transportation of passengers cars on a commercial basis.

The issuance of licenses is carried out by the executive authorities of the constituent entities of the Russian Federation, which are authorized to do so.

Currently, activities related to forwarding services are not subject to licensing (Article 7 of the Federal Law "On Security traffic”, providing for licensing of forwarding activities, is excluded from the Law).

In cases where it is necessary to obtain a license to carry out activities related to the repair and maintenance of vehicles in road transport in the Russian Federation, one should be guided by the Regulation approved by Decree of the Government of the Russian Federation of February 26, 1992 N 118. In accordance with it, licenses for carrying out activities related to the repair and maintenance of motor vehicles are issued regional offices Russian Transport Inspectorate and its branches.

Control over compliance with the licensing procedure for rail, sea, inland waterway, road and air transport, including compliance with license requirements and other conditions, is carried out by the Federal Service for Supervision in the Sphere of Transport and the Federal Air Transport Agency directly or through their territorial bodies. The presence of a license related to the implementation of the transport process does not relieve a legal entity or an individual entrepreneur from the obligation to have the necessary certificates, working diplomas, certificates and other documents provided for by the current rules for the operation of vehicles, equipment, technical means, devices, etc. For example, in inland water transport, ships of inland and mixed navigation, ship devices, mechanisms and equipment are subject to mandatory certification. The same procedure is established for air transport.

Bibliography

1. Egiazarov V. A., Transport law: textbook. - 5th ed., add. - M.: ZAO Yustitsinform, 2007. - 552 p.

2. Reference and legal system "Consultant Plus", 2008

The legal system of licensing in the Russian Federation is the Federal Law "On Licensing Certain Types of Activities" of October 25, 1998, No. 158-FZ.

On licensing of motor transport activities in accordance with the decrees of the Government of the Russian Federation, fundamental legal acts are currently:

• 1. Regulations on licensing transportation by road (except international) in the Russian Federation (Approved by Decree of the Government of the Russian Federation dated March 14, 1997 No. 295).
• 2. Regulations on licensing the transportation of passengers and goods by road in international traffic, as well as goods within the Russian Federation (Approved by Decree of the Government of the Russian Federation No. 322 of 16.03.97).
• 3. Regulations on licensing transportation, forwarding and other activities related to the implementation of the transport process, repair and maintenance of vehicles in road transport in the Russian Federation (Approved by Decree of the Government of the Russian Federation of February 26, 1992 No. 118).

Licensing is subject to the activities of legal entities, regardless of their organizational and legal form, as well as individuals engaged in entrepreneurial activities without forming a legal entity, performing:

• 1) urban, suburban and intercity, including interregional, transportation of passengers by buses;
• 2) transportation of passengers by cars on a commercial basis;
• 3) transportation of goods in international traffic;
• 4) transportation of passengers in international traffic;
• 5) transportation of goods within the Russian Federation (urban, suburban, intercity, including interregional);
• 6) forwarding services (feasibility study) for legal entities and citizens;
• 7) maintenance and repair of motor vehicles on a commercial basis.

Licensing of transportation activities is carried out in accordance with 1 and 2 of the above Regulations, licensing of activities for forwarding services, maintenance and repair of vehicles in accordance with the latest of the submitted regulatory acts.

Forwarding service licenses and maintenance services issued with an indication of the types of work (services) for all-Russian classifier services to the population OK-0002-92, approved by the Decree of the State Standard of Russia dated June 28, 1993 No. 163.

Regulations on the licensing of transportation introduced types of licenses:

standard - for transportation on a commercial basis of goods or passengers within the Russian Federation;

standard international - for the carriage of goods or passengers in international traffic;

limited - for the transportation of their own cargo or their employees for production (official) purposes within the Russian Federation.

Branches of the Russian Transport Inspectorate, in addition to licenses for transport-licensing services, TO and TR, issue separate licenses for the following activities:

International transport (standard licenses)

• - cargo;
• - dangerous goods;
• - passengers.

These licenses, except for transportation within the CIS countries, are issued in agreement with the Department of the Federal Transport Inspectorate (Order of the Ministry of Transport of Russia dated February 21, 1994 No. 9).

Transportation within the Russian Federation (standard licenses)

• - cargo;
• - dangerous goods.

Transportation within the Russian Federation (limited licenses)

• - cargo;
• - dangerous goods.

Licensing chambers of executive authorities of the constituent entities of the Russian Federation, and in most regions of Russia these functions are performed by branches of the Federal Transport Inspectorate under agreements between administrations and the Ministry of Transport of Russia, issue licenses:

Standard:

• - for urban, suburban and intercity, including interregional, transportation of passengers by buses;
• - for the transportation of passengers by passenger cars on a commercial basis.

Limited - for urban, suburban and intercity, including interregional transportation of passengers by buses.

The license is accompanied by license cards for each motor vehicle included in the license, the color of which, according to the Licensing Regulations, must correspond to the type of activity:

red - transportation of goods or passengers on a commercial basis within the Russian Federation (standard license);

blue - transportation of own cargo or employees for production (service) purposes within the Russian Federation (limited license);

green - transportation of goods or passengers in international traffic (standard international license);

blue with a red diagonal - transportation of dangerous goods within the Russian Federation (standard license);

light blue with a blue diagonal - transportation of own dangerous goods within the Russian Federation (limited license);

blue with a green diagonal - transportation of dangerous goods in international traffic (standard international license).

In accordance with the licensing regulations, in order to obtain a standard license, the applicant submits the following documents to the licensing authority:

• a) an application for a license in the form approved by the order of the Ministry of Transport of Russia dated 06.22.98 No. 74 "On a partial change in the order of the Ministry of Transport of Russia dated 04.25.97 No. 41";
• b) a copy of the constituent documents of a legal entity, depending on its organizational and legal form - the charter or the constituent agreement and the charter, or only the constituent agreement (if they are not certified by a notary - with the presentation of the original);
• c) a copy of the certificate of state registration (if it is not certified by a notary - with the presentation of the original);
• d) a document confirming payment for consideration of the application;
• e) a certificate tax authority on registration of a legal entity or a copy of the certificate of state registration individual as an individual entrepreneur with a tax authority stamp;
• f) data on available vehicles, including those in operation under a power of attorney or a lease agreement.

In order to obtain a license to carry out activities for the transportation of dangerous goods, the applicant submits to the licensing authority, in addition to the above documents, copies of certificates of continuous work experience of drivers of vehicles of this category (at least 3 years) and special training according to approved programs for drivers transporting dangerous goods, as well as documents evidencing the technical capability of vehicles to transport specific types of dangerous goods (with the presentation of the originals of these documents).

A license for the transportation of dangerous goods is issued for the period specified in the application, and a license card for a car carrying out this transportation is issued for the period of validity of the certificate of admission of this vehicle to the transportation of dangerous goods of this class.

The license for the transport of dangerous goods and the license card of the motor vehicle indicate the class of dangerous goods and its abbreviation, which must correspond to the entry in the certificate of approval of the vehicle for the transport of dangerous goods.

The license is issued for a period of not less than 3 years, however, at the request of the applicant - for any period up to 3 years. The expediency of issuing a license for a period of more than 3 years, as a rule, is considered by the licensing authority, depending on the specific conditions for the development of the transport services market, the economic situation in the region, the availability of comments from state inspection authorities on motor transport activities in the previous period, the implementation of prescriptions, technical equipment, customer complaints.

The provisions on licensing transportation provide for a one-time extension of the validity of a license, which is carried out upon application and in the manner established for obtaining a license. The renewal period is not limited by the regulation.

The current legislation does not prohibit an economic entity from having licenses for several types of licensed activities, if there are no restrictions on this established in the constituent documents.

In normal cases, a license card is issued for a year (according to the validity period of payment), however, when using a vehicle under a lease agreement, a power of attorney, a certificate of admission of a vehicle for the transport of dangerous goods, a permit for the temporary import of a vehicle into the territory of the Russian Federation for a period of less than a year , the license card is issued for the period of validity of these documents.

The license for the transport of dangerous goods is issued only for the goods specified in the submitted application. When submitting an application for the transportation of other dangerous goods, a new license is issued in accordance with the procedure established by the Regulations.

Upon the expiration of the validity of license cards, the applicant must apply to the licensing authority with a request for their issuance. It uses the request in free form or in the form developed by the licensing authority.

Reissuance of a license is carried out in case of reorganization, change of address or name of a legal entity, change in the passport data of an individual, loss of a license.

In case of loss of a license card or a change in the registration plate of a motor vehicle, its duplicate is issued or replaced with a new one, with the same current registration number, is made at the request of the license holder with payment of the cost of the license card blank.

The reasons for refusal to issue a license are:

for transportation activities:

• - the presence in the documents submitted by the applicant of false or distorted information;
• - a negative expert opinion that established non-compliance with the conditions necessary for the implementation of the licensed type of activity and safety conditions;
• - non-compliance of vehicles with the declared type of activity, and for transport and forwarding activities, repair and maintenance of vehicles also:
• - discrepancy between the professional training of the manager and the established requirements;
• - the applicant's production base does not meet environmental requirements or does not ensure the maintenance of vehicles in good condition;
• - other conditions necessary for the implementation of this activity are not met.

An independent examination may be carried out to consider disputes arising in the course of issuing licenses.

Decisions and actions of the licensing authorities may be appealed in accordance with the established procedure in court.

Consideration of an application for a license and the issuance of a license are carried out on a fee basis. The amount of this fee is established by the executive authorities of the constituent entities of the Russian Federation, based on the costs of conducting licensed activities.

The license holder must:

• a) ensure compliance with the conditions specified in the license;
• b) ensure that the driver has a license card on each vehicle when working on the line;
• c) submit to the licensing authority, at its request, information on the licensed activity;
• d) comply with the established requirements for ensuring the safety of road traffic and passengers during their transportation by road, take measures to prevent traffic accidents. The license holder is prohibited from transferring the license or license card to another legal or natural person.

Compliance with the conditions specified in the license includes the implementation of the Road Transport Charter, transportation rules, technical operation rolling stock of motor transport, as well as special conditions ensuring the protection of the interests of consumers of motor transport services, which are included in the license by the licensing authority in agreement with the applicant.

The main forms of state control carried out by the transport inspectorate include: verification of performance, supervision, inspection, audit.

Performance review is the most common form of control. Used by all regulatory authorities. It is a necessary element of operational management and is associated with the development of practical recommendations and proposals for the timely and accurate implementation of decisions.

Inspection - control over compliance with the rules and standards established by the state in certain areas of activity, sectors of the economy. It is accompanied, as a rule, by instructing the inspected workers.

Audit - control over compliance with the rules of management established by the state. It is carried out only from the point of view of the compliance of the behavior of controlled objects existing rules and instructions.

Supervision is a form of control, most gravitating towards the state legal regulation. It is used primarily to monitor compliance with laws, norms, rules, standards established by the state. In contrast to inspection, the subjects of supervision have the right, under appropriate circumstances, to apply measures of administrative coercion to the objects of supervision.

Control over the fulfillment of license conditions is carried out only by the licensing body that issued or registered the license of an economic entity. Such control by the licensing body is carried out both independently and jointly with other bodies of state supervision and control.

The form of control is chosen by the licensing body. Prior to the beginning of the inspection, the head of the legal entity, the individual entrepreneur is presented with the service certificates of the inspectors and the assignment for the inspection, printed on the letterhead of the licensing authority, signed by the head and certified official seal this organ. The task indicates the list of issues to be checked, the timing of the check, who checks and their positions.

The results of control are documented in an act, one copy of which is transferred to the person being checked (head of a legal entity, individual entrepreneur). In case of disagreement with the conclusions on the act, the auditee has the right to send his reasonable objections to the licensing body, the head of which, within 2 weeks from the date of registration of the audit report, is obliged to make a decision and bring it to the attention of the head of the audited legal entity or individual entrepreneur.

The license may be revoked or suspended if:

• a) submission by the licensee of the relevant application;
• b) discovery of false data in the documents submitted for obtaining a license;
• c) violation by the licensee of the terms of the license and these Regulations;
• d) non-compliance by the Licensee with instructions or orders government agencies or suspension by them in accordance with the legislation of the Russian Federation of the activities of a legal entity, as well as an individual engaged in entrepreneurial activities without forming a legal entity;
• e) liquidation of a legal entity or termination of a certificate of state registration of an individual as an entrepreneur;
• f) receipt of submissions from the chief state automobile inspectors on violation of norms, rules, standards for ensuring road safety.

dated 04/23/94 N 372, dated 07/31/98 N 866)

1. Licensing of transportation, forwarding and other activities related to the implementation of the transport process, repair and maintenance of vehicles in road transport is carried out in order to state regulation these types of activities, ensuring the normal functioning of the transport services market and protecting the interests of consumers of these services, implementing the requirements of antimonopoly legislation, traffic safety and compliance with environmental standards in the operation of road transport.

2. Licensing is subject to the activities of enterprises, institutions, organizations, regardless of the form of ownership and departmental affiliation, as well as entrepreneurs engaged in:

a) urban, suburban, intercity, inter-republican and international transportation of goods and passengers, with the exception of the transportation specified in paragraph 3 of this Regulation;

b) transport and forwarding services for legal entities and citizens;

c) repair and maintenance of motor vehicles on a commercial basis.

In addition to paragraph 3, Decree of the Government of the Russian Federation of February 12, 1993 N 121 established that the transportation of goods and passengers by vehicles of enterprises, organizations and institutions of the State Committee of the Russian Federation on Statistics (with the exception of transportation performed by vehicles of these enterprises, organizations and institutions on a commercial basis) are not subject to licensing.

3. Licensing is not subject to:

a) technological (intra-facility, intra-factory and intra-quarry) transportation carried out by vehicles without access to public roads;

b) on-farm, intra-district, intra-oblast, intra-krai, intra-republican (of the republics within the Russian Federation) transportation carried out by vehicles of collective farms, state farms, peasant (farm) enterprises, agricultural cooperatives and other enterprises and organizations of the agro-industrial complex for the needs Agriculture, interregional, interregional, interrepublican (within the territory of the Russian Federation) transportation of agricultural products, products of its processing, mineral fertilizers, plant protection products, agricultural machinery, equipment and spare parts, as well as the repair and maintenance of vehicles for peasant (farmer) households and agricultural enterprises;

c) transportation of goods and passengers carried out according to special resolutions of the Government of the Russian Federation;

d) transportation of goods and passengers associated with the elimination of the consequences of natural disasters;

e) transportation carried out by special and training vehicles;

f) transportation of goods and passengers by vehicles belonging to healthcare institutions of the Russian Federation and the Ministry of Communications of the Russian Federation (with the exception of transportation performed by vehicles of these organizations on a commercial basis), the armed forces, state security and internal affairs bodies.

4. The following types of licenses are installed:

for the carriage of goods - "G";

for the transportation of passengers - "P";

for transport and forwarding services - "T";

for the maintenance and repair of vehicles - "C";

for the transport of dangerous goods - "OG".

The license for the transportation of dangerous goods must indicate the type of dangerous goods for the transportation of which the license was issued.

(the paragraph was introduced by Decree of the Government of the Russian Federation of April 23, 1994 N 372)

Drivers who have the right to transport dangerous goods are allowed continuous experience work as a driver of a vehicle of this category for at least 3 years and a certificate of special training in approved programs for drivers transporting dangerous goods.

(the paragraph was introduced by Decree of the Government of the Russian Federation of April 23, 1994 N 372)

5. For each vehicle, along with the license, a license card is issued, the color of which corresponds to the area of ​​its activity:

blue - urban and suburban transportation;

yellow - intra-republican (republics within the Russian Federation), intra-regional, intra-regional intercity transportation;

red - inter-republican (within the Russian Federation), inter-regional, inter-regional intercity transportation;

green - international shipping.

Forms of the license and license card are approved by the Ministry of Transport of the Russian Federation.

6. All types of licenses are issued for a certain period (3 months, 1 year or 5 years) by the regional offices of the Russian Transport Inspectorate and its branches, with the exception of licenses for international transportation and related forwarding services, which are issued by the Ministry of Transport of the Russian Federation or in the order they set.

7. To obtain licenses, enterprises, organizations, institutions and entrepreneurs submit:

a) an application in the form established by the Ministry of Transport of the Russian Federation, indicating the type and area of ​​activity, as well as the validity period of the license;

b) a copy of the document certifying the state registration of an enterprise or entrepreneur, and for an organization or institution - a copy of the charter or regulation approved in the prescribed manner;

c) data on the number of available:

vehicles - to obtain a license for transportation;

posts for Maintenance and repair of motor vehicles - to obtain a license for maintenance and repair;

d) data on other fixed assets that ensure the performance of the activities indicated in the application;

e) a copy of a document confirming the professional suitability of the head of an enterprise, organization, institution, entrepreneur or persons authorized by them to manage the licensed activity (diploma of completion of a special educational institution or a document confirming work experience in the specialty for at least 5 years);

f) documents certifying the technical capability of vehicles to transport specific types of dangerous goods - in order to obtain a license to transport dangerous goods.

(paragraph "e" was introduced by Decree of the Government of the Russian Federation of April 23, 1994 N 372)

In the absence of these documents, the manager, entrepreneur or persons authorized by them to manage the licensed activity must pass an exam for professional suitability.

Exam procedure and scope necessary knowledge established by the Ministry of Transport of the Russian Federation.

8. Enterprises, organizations, institutions and entrepreneurs may have several types of licenses at the same time.

9. The Councils of Ministers of the republics within the Russian Federation, the executive authorities of the territories, regions, autonomous entities, the cities of Moscow and St. Petersburg may establish additional conditions for the issuance of licenses that ensure the protection of the interests of consumers of transport services.

10. Refusal to issue licenses is made in cases where:

a) the professional training of the head of the enterprise, organization, institution, entrepreneur or persons authorized by them to manage the licensed activity does not meet the established requirements;

b) the submitted documents contain incorrect information;

c) the rolling stock is not suitable for transportation specified in the application for obtaining a license;

d) the applicant's production base does not meet environmental requirements or does not ensure the maintenance of vehicles in good condition;

e) other conditions necessary for the implementation of the activities specified in the application are not met.

11. Issuance of licenses (notice of refusal to issue it) is carried out within 30 days from the date of application.

12. To consider disputes arising in the course of issuing a license, by decisions of the relevant executive authorities, licensing commissions may be created at the branches of the Russian Transport Inspectorate.

The commissions include employees of the Russian Transport Inspectorate, specialists in the operation of motor vehicles, representatives of the relevant executive authority.

13. The owner of the license does not have the right to transfer it to another legal or natural person.

14. The license holder is obliged:

a) ensure compliance with the conditions specified in the license;

b) have a license card on the windshield of each motor vehicle;

c) submit to the authorities that issued the license, at their request, information on the licensed activity.

15. In the event of an increase in the number of vehicles (without changing the type of activity), the license holder must receive additional license cards in the prescribed manner.

16. Enterprises, organizations, institutions and entrepreneurs acquire licenses at the offices of the Russian Transport Inspectorate for a fee, the amount of which is established:

for inter-republican (within the Russian Federation), interregional, interregional, international transportation of goods and passengers by road and forwarding activities related to these transportations - by the Ministry of Transport of the Russian Federation in agreement with the Ministry of Economy of the Russian Federation and the Ministry of Finance of the Russian Federation;

The transition to market relations required fundamentally new forms of state regulation of the activities of the transport complex and more developed legislative support for this area. In a market economy, the ratio in the development of public transport, departmental, cooperative, private owners is determined by their ability to provide the client with high-quality transport services at minimal cost. However, the freedom of entrepreneurial activity in the field of transport without appropriate regulatory levers can lead to an oversupply in some modes of transport and a lack of supply, hence monopoly in others.

By decision of the Council of Ministers of September 25, 1990 No. 378, the Russian Transport Inspectorate was established as a body regulating the transport market by issuing licenses to vehicle owners for the right to engage in certain types of transport activities. Its tasks are:

Control over the implementation by carriers of transport legislation, transportation rules and other regulations

Reducing transport costs in the national economy

Protecting the interests of consumers of transport services

Stimulating the activities of carriers aimed at the rational use of rolling stock, improving the quality and efficiency of transport, forwarding and service services by the public organization

Prevention of monopoly of transport services by organizing the optimal level of competition

Regulation of the number and structure of rolling stock

Reducing the harmful impact of transport on the environment

Reduction of accidents in transport

Ensuring the necessary professional level of transport workers

The fundamental legal documents for licensing the transportation activities of road transport are the "Federal Law on Licensing Certain Types of Activities" and the "Regulations on Licensing the Transportation of Passengers and Goods by Road".

The "Federal Law..." governs relations between federal executive authorities, executive authorities of the constituent entities of the Russian Federation, legal entities and individual entrepreneurs in connection with the licensing of certain types of activities. The following basic concepts are accepted:

License- special permission to carry out specific type activities subject to mandatory compliance with licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur.

Licensed type of activity- type of activity, for the implementation of which in the territory of the Russian Federation a license is required in accordance with federal law.

Licensing- activities related to the issuance of licenses, reissuance of documents confirming the availability of licenses, suspension and renewal of licenses, cancellation of licenses and control of licensing authorities over compliance by licensees in the implementation of licensed activities with the relevant license requirements and conditions.

The "Regulation" determines the procedure for licensing the following types of activities when legal entities and individual entrepreneurs carry out transportation by road:

Transportation of passengers on a commercial basis by passenger cars

Transportation of passengers by motor vehicles equipped for transportation of more than 8 people (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur).

Transportation of goods by road transport with a carrying capacity of more than 3.5 tons (except if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur).

Licensing of transportation of passengers and goods by road is carried out by the Ministry of Transport of the Russian Federation (hereinafter referred to as the licensing authority). A corresponding license is provided for each licensed type of activity.

Licensing requirements and conditions for the carriage of passengers and goods by road are:

Fulfillment of the requirements established by federal laws and other regulatory legal acts of the Russian Federation in the field of the licensed type of activity.

Compliance of vehicles declared for transportation, including those in technical operation on the basis of a lease agreement or on another legal basis, with the requirements established for the implementation of the relevant transportation by road and the admission of vehicles to operation.

Compliance of an individual entrepreneur and employees of a legal entity with the qualification requirements for the implementation of the relevant transportation by road.

The presence in the staff of the legal entity of officials responsible for ensuring road safety who have passed certification in accordance with the established procedure for the right to occupy the relevant position.

To obtain a license, the license applicant submits the following documents to the licensing authority:

An application for a license indicating: name, legal form and location - for a legal entity, last name, first name, patronymic, place of residence, details of an identity document - for an individual entrepreneur; licensed type of activity that a legal entity or an individual entrepreneur intends to carry out.

Copies of constituent documents and a document confirming the fact of making an entry about a legal entity in the Unified State Register legal entities.

A copy of the certificate of state registration of the license applicant as an individual entrepreneur.

A copy of the certificate of registration of the license applicant with the tax authority.

Copies of documents confirming the qualifications of an individual entrepreneur or employees of a legal entity that meet the established requirements and conditions.

Copies of documents confirming the passage of the relevant certification by officials of the legal entity responsible for ensuring road safety.

Information about the vehicles declared for the licensed type of activity (the list of the specified information is approved by the licensing authority).

A document confirming the payment of a license fee for consideration by the licensing authority of an application for a license.

Documents are accepted by the licensing authority according to the inventory, a copy of which is sent (handed over) to the license applicant indicating the date of acceptance.

For the provision of false information, the license applicant is liable in accordance with the legislation of the Russian Federation.

When conducting licensing, the licensing body has the right to check the compliance of the license applicant with the licensing requirements and conditions.

The licensing authority makes a decision to grant or refuse to grant a license within a period not exceeding 30 days from the date of receipt of the application with all the necessary documents. The corresponding decision is drawn up by order of the head of the licensing authority.

A license to carry out any type of activity licensed in accordance with the Regulations is granted for 5 years. Simultaneously with the license for each vehicle, a license card is issued, which must be on the vehicle when carrying out the licensed type of activity. Forms of license forms for the relevant type of activity and license cards are approved by the licensing authority.

The licensee is obliged to inform the licensing authority within 15 days (in writing) about the change in the number of vehicles used to carry out the licensed activity.

Scheduled inspections of the licensee's compliance with the license requirements and conditions are carried out by the licensing authority for the transportation of passengers - no more than once a year, for the transportation of goods - no more than once every 2 years.

Inspections are carried out on the basis of an order (order) of the head of the licensing authority.

Based on the results of the inspection, the official (persons) of the licensing authority who conducted it leaves an act (minutes) in two copies.

If necessary, copies of documents confirming the violation by the licensee of license requirements and conditions, explanations of his employees, as well as other Required documents(or their copies).

One copy of the act (protocol) is transferred to the head of the legal entity, individual entrepreneur or their representatives against receipt or sent by mail with a return receipt. The act (protocol) of the inspection is registered in the journal of the licensing authority and submitted to the head of this authority.

If, during the inspection, violations of the license requirements and conditions by the licensee are detected, the head of the licensing body (or, on his behalf, an official of this body) takes measures in accordance with the Federal Law "On Licensing Certain Types of Activities".

Licensing authorities have the right to suspend a license if the licensing authorities reveal repeated violations or gross violations by the licensee of license requirements and conditions.

The licensing body is obliged to set a deadline for the licensee to eliminate the violations that led to the suspension of the license. This period may not exceed six months. If the licensee fails to eliminate these violations within the prescribed period, the licensing authority is obliged to apply to the court with an application to cancel the license.

The licensee is obliged to notify the licensing authority in writing of the elimination of the violation that entailed the suspension of the license. The licensing authority that has suspended the license shall make a decision to renew it and notify the licensee in writing within three days after receiving the relevant notice and verifying that the licensee has eliminated the violations that led to the suspension of the license.

The license loses its legal force in the event of liquidation of a legal entity or termination of its activities as a result of reorganization, with the exception of its transformation, or termination of the certificate of state registration of a citizen as an individual entrepreneur.

Licensing authorities may revoke a license without going to court if the licensee fails to pay the license fee for granting the license within three months.

A license may be canceled by a court decision on the basis of an application from the licensing authority if the violation by the licensee of the license requirements and conditions has resulted in damage to the rights, legitimate interests, health of citizens, defense and security of the state, cultural heritage of the peoples of the Russian Federation. Simultaneously with filing an application with the court, the licensing authority has the right to suspend the said license for a period until the court decision comes into force.

The decision to suspend the license, to cancel the license or to send an application for the cancellation of the license to the court shall be communicated by the licensing authority to the licensee in writing with a reasoned justification for such a decision no later than three days after its adoption.

The decision to suspend the validity of a license and to annul a license may be appealed in accordance with the procedure established by the legislation of the Russian Federation.

The current legislation establishes which types of transportation are subject to licensing. These are the transportation of passengers and dangerous goods by inland water, sea, air, road and railway transport. At the same time, it is clarified that if transportation is carried out for the own needs of organizations or individual entrepreneurs, it is not necessary to obtain permission.

Licenses are issued by the Federal Air Transport Agency (for air transportation) and Rostransnadzor (for all other types) for each type of activity separately. The requirements for obtaining them are established by government decrees.

For example, according to the regulation, approved. Decree of the Government of the Russian Federation of 05.05.2012 No. 457, in order to acquire the right to transport passengers by plane or other air transport, you must:

• own or otherwise own an aircraft;
• have an air operator's certificate;
• comply with the rules of transportation;
• submit an application with documents to the licensing authority.

The license is valid indefinitely. During the period of its operation, planned and unscheduled checks compliance of the licensee with the above requirements.

What transportation by road is subject to licensing. Liability for transportation without a license

According to paragraph 24 of Art. 12 of the Law on Licensing, if the activity is related to the transportation of people by vehicles equipped for passengers in the amount of 8 or more people, then the carrier must have an appropriate permit (license).

This rule applies to all cases - both intracity and intercity transportation.

A license is not needed if:

• vehicles can accommodate less than 8 people;
• own employees are transported (“watch”);
• transportation is carried out on order, and not regular (clause 24, part 1, article 12 of the law “On licensing certain types of activities” dated 04.05.2011 No. 99-FZ).

The need to obtain a license is reinforced by the responsibility that will be borne by the person engaged in transport in its absence.

Administrative responsibility (Article 14.1.2 of the Code of Administrative Offenses):

• citizens and officials(administrators and managers) are punished with a fine of 50,000 rubles;
• IP - 100,000 rubles;
• organizations - 400,000 rubles.

In case of a repeated violation, in addition to a fine, the transport used in the course of an administrative offense is confiscated or the activities of the guilty organization are suspended.

Criminal liability is provided for in Art. 171 of the Criminal Code of the Russian Federation. For illegal entrepreneurship, punishment in the form of a fine, compulsory work, arrest can be imposed. From administrative offense criminal offense is limited to the amount of damage caused or income received as a result of the violation.

What transportation by road is subject to licensing, the legislator determined based on their entrepreneurial nature, regularity and the number of persons transported. Engaging in such a business without a license is an administrative (and sometimes criminal) offense.