The procedure for organizing and implementing licensing control over the management of apartment buildings.

Article 196. Procedure for organizing and implementing licensing control
1. The provisions of the Federal Law of December 26, 2008 N 294-FZ “On the Protection of Rights” apply to relations related to the implementation of licensing control legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" and the provisions of the Federal Law of May 4, 2011 N 99-FZ "On licensing of certain types of activities" taking into account the specifics of conducting an unscheduled inspection established by part 3 of this article.

2. Officials of the state housing supervision body, when exercising licensing control, are required to fulfill in a timely manner and in full the provisions provided in accordance with the law Russian Federation powers to prevent, detect and suppress violations of licensing requirements. When exercising licensing control, officials of the state housing supervision body have the rights provided for in Part 5 of Article 20 of this Code. Moreover, if violations of licensing requirements are detected, officials of the state housing supervision body must establish that these violations were committed as a result of guilty actions (inaction) of officials and (or) employees of the licensee.

3. An unscheduled inspection on the grounds provided for in paragraphs 1, 4, 5 of part 10 of Article 19 of the Federal Law of May 4, 2011 N 99-FZ “On licensing of certain types of activities”, as well as in connection with the receipt of applications to the state housing supervision body, applications from citizens, including individual entrepreneurs, legal entities, information from authorities state power, local government bodies, from the media about facts of violations by the licensee of licensing requirements is carried out without coordination with the prosecutor's office and without prior notification of the licensee about an unscheduled inspection.

SECOND ANSWER

Licensing control (including housing control) is an administrative and legal procedure aimed at identifying and eliminating existing legal violations in the field of licensing-related activities.

Monitoring compliance with licensing requirements applies to legal entities and individual entrepreneurs who carry out licensed activities. In housing legislation, the activities of management companies for the management and maintenance of residential apartment buildings are licensed.

The licensing control stage includes:

• receipt by controlling entities of the necessary data;
• data analysis and comparison ( comparative analysis);
• determination of legal qualifications;
• adoption of decisions and measures established by law in relation to the licensee.

The purpose of licensing control is to carry out verification functions related to the completeness and reliability of information about the applicant or licensee. Such information is contained in license applications, in documentation determining the ability to comply with license requirements and conditions, and in verification of compliance with license requirements and conditions in the course of business.

• Subjects of licensing control

Licensing is not only an activity aimed at issuing or re-issuing licenses. IN this concept This also includes control by the licensing authority over compliance with established requirements when conducting activities.

The licensing authority (subject of licensing control), which is entrusted with the corresponding functions within its competence, has the right to control the implementation of such requirements.

The procedure for organizing and exercising control is provided for in Article 19 of the Federal Law dated 4.05.11 N 99-FZ “On licensing of certain types of activities”.
Licensing control is carried out through documentary checks, during which the information provided by the business entity is compared with the data of the Unified State Register of legal entities and individual entrepreneurs.

• The procedure for licensing control

Subjects of licensing control carry out documentary checks, which, in accordance with Part 6 of Art. 19 of Law No. 99-FZ “On licensing of certain types of activities”, there are on-site and non-on-site, planned and unscheduled.

On-site documentary checks, unlike non-on-site checks, are carried out at the location of the legal entity or individual entrepreneur.

The Housing Code provides for such concepts as state housing supervision, municipal and public housing control. This is actually an activity authorized bodies, whose functions include establishing facts of violation of the rules and requirements defined by regulations of housing legislation, legislation on increasing energy efficiency and energy saving, the procedure for the formation and use of a capital repair fund.

• Basis for conducting documentary checks

Scheduled inspections of a business entity are provided for in an annual schedule (inspection plan), which is developed and approved in the manner prescribed by law. There are the following grounds for including a business entity in the state plan:

• if 1 year has passed since the registration or renewal of the license;
• after 3 years from the date of the scheduled documentary inspection;
• after the expiration of the deadlines established by law from the date of inspection of a business entity that carries out licensed activities in certain areas.

Unscheduled inspections are carried out:

• upon expiration of the deadline for the business entity to comply with the order to eliminate violations of licensing requirements;
• in the event of a written request from citizens, individual entrepreneurs, legal entities, as well as upon receipt of information from government bodies, from the media about gross violations of licensing rules;
• upon expiration of the suspension period permit document;
• if there are requests from the licensing subject;
• in the presence of an order or requirement issued by the licensing subject on the basis of instructions from the highest authorities.

• Unscheduled documentary checks

In order to obtain or re-issue a license, a corresponding application is submitted to the authorities performing control functions. The subject of unscheduled documentary checks of applicants or licensees is the data contained in the documents and the application itself and their comparative assessment with the data reflected in the Unified State Register of legal entities and individual entrepreneurs, as well as in other government information sources.

In addition, in the process of conducting an unscheduled on-site inspection, the availability of employees is checked, the proper technical condition of the premises, building, structure, facilities and equipment, as well as other objects, the use of which is expected in the implementation of licensed activities by a business entity, is verified. That is, the possibility of performing the functions declared in the registration documents is checked.

• Violations of licensing requirements

A detailed and complete list of violations is established by regulations on licensing of the relevant type economic activity. As a rule, these include violations related to:

• with the risk of causing significant harm to human life and health;
• with the threat of human casualties or causing significant harm to the health of people, causing moderate harm to the health of 2 or more people;
• with damage to the rights and interests of citizens, the defense capability and security of the country;
• causing harm to flora and fauna;
• with harm to historical and cultural monuments;
• with the threat of an emergency (man-made disaster).

• Functions of subjects of licensing control

Officials exercising licensing control have the right to involve expert organizations in conducting inspections. The provision of documents for conducting a documentary check is carried out on the basis of a written request from authorized local government bodies.

When conducting documentary checks, officials are vested with the following functions:

• request and receive from the applicant or licensee documents that relate to the subject of such verification, analyze them, and, if necessary, make copies;
• use technical equipment when conducting an inspection: computers, electronic storage media, calculators, photocopiers, scanners, telephones, recording equipment (audio and video communications), cameras;
• require from the business entity the necessary written explanations if during the verification process violations, contradictions in the provided documents, errors or inconsistencies between the data provided for verification and the data received by the subject of licensing control are revealed;
• carry out other actions provided for by law during the inspection.

• Functional responsibilities of inspectors

The responsibilities of officials exercising licensing control include:

• timely and full implementation of powers related to the prevention of violations of licensing conditions;
• compliance with the requirements of the laws of the Russian Federation establishing the rights and legitimate interests of inspected business entities;
• conducting checks on legitimate ones;
• carrying out inspections exclusively during the performance of their job responsibilities;
• presentation of an official ID, instruction or order for inspection;
• admission to the inspection of a manager or representative of a business entity, provision of explanations regarding identified violations or inconsistencies;
• providing the present officials of the business entity with documents or data that are relevant to the inspection;
• familiarization of the manager or representatives of the business entity with the results obtained;
• when appealing against actions, justify their conduct in the manner prescribed by law;
• compliance established deadlines conducting an inspection;
• familiarization of officials with the inspection regulations;
• compliance with the procedure for exiting for inspection.

Demanding documents not related to the inspection and the provision of which is not provided for by law is prohibited.

58. Licensing commission: concept, composition, powers. Qualification certificate. Procedure for conducting the qualification exam.

On the territory of the Russian Federation it was created and operates on permanent basis licensing commission. Its main activity is to support the activities of bodies related to state housing supervision in licensing work related to the management of apartment buildings in the Russian Federation.

This type activities are subject to licensing. To obtain such a license, on behalf of management company a package of documents must be submitted, including a certificate of qualifications.

Officials, as well as officials of the licensee, must be the owners of a qualification document with a number and date of issue indicating the presence of sufficient knowledge to perform a certain type of activity.

Such officials include heads of management companies who are license applicants and plan to engage in housing management activities. Auditors are also required to have such a document. An auditor qualification certificate is issued based on the results obtained during the examination.

In order to obtain such a certificate, the qualification knowledge of the applicant is checked. A person who applies for the issuance of a certificate necessary for managing apartment buildings is required to pass a qualification exam to the commission.

You can receive a certificate only if the results of the exam are positive. The presence of a negative mark entails refusal to issue the required document. It is worth noting that it has a number and date of issue.

A qualification certificate is one of those documents without which a license giving the right to manage apartment buildings cannot be obtained.

An audit of the activities of companies managing apartment buildings can be carried out by an auditor, which requires the conclusion of a special contract. The auditor's qualification certificate is issued for an indefinite period.

· Qualifying exam

The process of checking the qualifications of a person who is an applicant for a license is carried out by conducting a qualification exam.

The procedure for holding such an event is new, but well established. The examinee is the immediate manager of the management company. The license applicant will be asked 200 questions that must be answered.

Such questions are the same for all examinees, regardless of the region in which the management company intends to operate, and also regardless of the date of the knowledge test. The essence of the issues will not be affected by the ticket number. The reason for this is the establishment of issues based on the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation. The result of the exam and the correctness of the answers provided are determined by one of the bodies executive power, who is authorized to do this by the Government of the Russian Federation. The exam procedure itself is absolutely free.

By the way, an applicant whose name and number is already contained in the register of previously disqualified persons cannot be admitted to the exam.

A positive examination result is the basis for issuing a corresponding document to a person, each of which is registered through the register of qualification certificates and has its own number.

Failure to pass the exam is grounds for refusal to provide the document. The decision of the commission is recorded in the minutes. The examinee is assigned a number and his/her details are indicated. The decision can be appealed by the interested party through the judicial authorities.

· Who can receive a qualification certificate

Legislative changes in the housing and communal services sector have become the reason for the emergence of some innovations in the process of managing apartment buildings by management companies, designed not only to carry out the activities of managing buildings, but also to provide utility services.

Such changes enable citizens to be convinced of the professionalism of the management of such companies, to be confident that the enterprise will conscientiously perform its own functions.

Companies claiming to manage apartment buildings are required to have a license to perform such functions, the number of which is registered in the register. To obtain a license, a package of documents is required, including a certificate.

The head of the company can obtain this document, for which he will need to pass a qualification exam consisting of two hundred questions. The extradition procedure is approved by executive authorities, which are authorized to do so by order Government of the Russian Federation,

The validity period of the qualification certificate received by the head of the company is limited to 5 years. You can determine the moment at which its validity period expires from the “document number and date” column. After the deadline, the exam must be taken again.

· Cancellation of a qualification certificate

The provisions of Article 202 of the Housing Code of the Russian Federation define cases in the event of which the issued certificate can be revoked. These include:

• obtaining a document using false documents;
• availability of individual data official the licensee in the register of persons who were disqualified from passing the qualification certificate;
• the presence of a court verdict that has legal force against the head of the management company, according to which the latter was sentenced for a criminal act committed in the economic sphere, as well as for crimes of moderate severity, serious and especially serious acts.

The cancellation procedure is carried out in the manner approved by the executive body vested with such powers on the basis of an administrative document of the Government of the Russian Federation.

The existence of circumstances for revocation of a certificate may be identified during an audit, for which an auditor is engaged on the basis of a separate agreement. The auditor's qualification certificate, issued to him after passing the examination procedures, is the basis for the activities of such a person aimed at verifying the financial and economic indicators of enterprises.

59. Transactions with residential premises: general characteristics.

Disclosing the content of the right of ownership of residential premises, the Civil Code of the Russian Federation indicates that the owner exercises the rights of ownership, use and disposal of the residential premises belonging to him in accordance with its purpose (clause 1 of Article 288). The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienating his property into the ownership of other persons, transferring to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in any other way (clause 2 of Article 209).

Owners of residential premises have the right to dispose of their housing through civil transactions. Thus, owners have the right to enter into transactions aimed at the alienation of residential premises, for example, purchase and sale, barter, donation, will, etc., as well as transactions aimed at transferring housing for use, for example, rental, rent, free use. Citizens using housing on the basis of a social tenancy agreement have the right to enter into an agreement for the exchange of residential premises.

According to Art. 153 of the Civil Code of the Russian Federation, transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and responsibilities.

Housing transactions are actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations in relation to residential premises.

Various economic entities can be parties to civil transactions with residential premises. The main participants in such transactions are citizens and legal entities.

In some cases, cities and other municipalities, as well as constituent entities of the Russian Federation represented by relevant authorities, for example, during the sale of municipal or state housing.

The Russian Federation does not have the opportunity to dispose of the housing it owns, since the entire federal housing stock is exclusively under the right of economic management or operational management at state enterprises or institutions.

At the same time, the Russian Federation can act as an heir under a will or a donee under a gift agreement.

Citizens acting as parties to transactions with residential premises must have full legal capacity, i.e. they must reach the age of 18, and in cases where the law allows marriage before the age of 18, a citizen who has not reached this age acquires full legal capacity from the time of marriage; Full legal capacity is also acquired upon emancipation, i.e. announcement of a minor who has reached 16 years of age and is working under employment contract(contract) or engaged entrepreneurial activity, fully capable.

To protect the rights and legitimate interests of citizens under guardianship or trusteeship or left without parental care, the Civil Code of the Russian Federation established a rule according to which any alienation of residential premises in which the named persons - members of the owner's family live - is permitted only with the consent of the guardianship and trusteeship authority ( paragraph 4 of article 292).

In order for residential transactions to be valid, a number of conditions must be met.

Firstly, it is necessary that the content of the transaction does not contradict the law. In particular, transactions aimed at the alienation of objects are unacceptable common use an apartment building (for example, a technical basement) or an apartment (for example, a kitchen).

Secondly, the parties must have legal capacity and capacity.

Thirdly, it is necessary that the alienator or testator owns the residential premises by right of ownership. If the alienator is a state or municipal organization, then the housing must belong to the state or municipal enterprises on the right of economic management, state or municipal institutions, as well as state-owned enterprises with the right of operational management. Lawful possession, use and disposal of housing is confirmed by a title document, for example, a sales agreement, a transfer agreement, etc. To conclude an exchange agreement for social housing, the right of use is confirmed either by a warrant or by a corresponding agreement drawn up in writing.

Fourthly, it is necessary that the will of the participant in the transaction corresponds to his actual will, i.e. there must be a correct understanding of the transaction and its completion must be voluntary.

Fifthly, written registration of these transactions is necessary (for annuities and wills - notarial registration).

Sixth, as a rule, state registration is required (with the exception of exchange between tenants, rental of residential premises and gratuitous use) at the location of the apartment. If the transaction is aimed at the alienation of residential premises by one party and, accordingly, the acquisition of it by the other, then the ownership right of the acquirer of the residential premises arises from the moment of state registration of the transaction and (or) the right . Simultaneously with the emergence of ownership rights, the risk of accidental loss or damage to the residential premises passes to the acquirer. By acquiring ownership of residential premises in an apartment building, a person, as mentioned above, becomes a co-owner of the foundation, roof, staircases and other parts of the apartment building, as well as the land plot under the house and the surrounding area.

1. Licensing control is carried out by the licensing authority in order to verify the completeness and reliability of information about the license applicant contained in the application and documents submitted by the license applicant, the possibility of his fulfilling license requirements and conditions, as well as checking information about the licensee and his compliance with license requirements and conditions when carrying out licensed type of activity.

2. The licensing authority verifies the information specified in paragraph 1 of this article by comparing such information with information from the unified state register of legal entities or the unified state register of individual entrepreneurs. The licensing authority receives relevant information in the manner established by the Government of the Russian Federation from the federal executive body authorized to carry out state registration of legal entities and individual entrepreneurs.

3. The provisions of the Federal Law of August 8, 2001 N 134-FZ “On the Protection of Rights” are applied to relations related to the licensing authority’s verification of the license applicant’s ability to comply with the license requirements and conditions and verification of the licensee’s compliance with the specified requirements and conditions when carrying out the licensed type of activity. legal entities and individual entrepreneurs during state control (supervision)."

Commentary on Article 12

1. The purpose of the permitting mechanism of state regulation is to establish special state control over the implementation of such types of activities, which, due to their inherent characteristics, are associated with the provision and implementation of the most important public interests, associated with the involvement in them of an unlimited number of persons who do not participate in their implementation. Licensing is precisely a method of state control that makes it possible to block the way into economic circulation for entrepreneurs who are dubious in legal and economically. According to paragraph 1 of the commented article, the goals of licensing control are to check:

The completeness and reliability of information about the license applicant contained in the application and documents submitted by the license applicant and the possibility of him fulfilling the license requirements and conditions,

Information about the licensee and his compliance with licensing requirements and conditions when carrying out the licensed type of activity.

License control, being one of the types management control in the economic sphere, permeates the entire licensing procedure, manifesting itself at all its stages in the form of activities of licensing authorities aimed at identifying deviations from licensing requirements and conditions permitted by licensees. The goals of licensing control predetermine the allocation of certain stages of control: preliminary (carried out before a decision is made to grant a license in relation to license applicants) and subsequent control (carried out after the procedure for providing a document confirming the availability of a license in relation to licensees). This allocation is conditional, since the preliminary control stage, which includes checking the kit necessary documents before the issuance of a license, is combined with the possibility of subsequent verification of the licensee's actual compliance with the conditions under which the permit was issued. Nevertheless, this division will be used as part of the commentary on this article due to the convenience of presenting the material.

According to paragraph 2 of the commented article, the method of exercising licensing control, regardless of what stage of the licensing process it is carried out, is to verify the specified information by comparing such information with information from the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs. Comparison of information involves a comparative analysis of information contained in various official sources in order to identify similarities or differences in the specified information. The subject of comparison is:

firstly, the information contained in the application of the license applicant for the grant of a license and the set of documents submitted by him to the licensing authority, the information contained in the application of the licensee, his successor for re-issuance of the document confirming the existence of the document and documents attached to it, as well as other information, contained in licensing cases (see commentary to paragraph 3 of Article 10 of the Law);

secondly, information contained in the Unified State Registers of Legal Entities (individual entrepreneurs). The Russian Federation maintains state registers containing, respectively, information on the creation, reorganization and liquidation of legal entities, the acquisition by individuals of the status of individual entrepreneurs, the termination by individuals of activities as individual entrepreneurs, other information about legal entities, individual entrepreneurs and relevant documents. Information and documents contained in state registers are open and publicly available. However, the law establishes certain restrictions regarding certain types of information. So, according to paragraph 1 of Art. 6 of the Federal Law of 08.08.2001 N 129-FZ, information about the number, the date of issue and the authority that issued the identity document individual, information about bank accounts of legal entities and individual entrepreneurs can be provided exclusively to government bodies, bodies of state extra-budgetary funds in cases and in the manner established by the Government of the Russian Federation.

Information about a specific legal entity or individual entrepreneur contained in the state register is provided to the licensing authority upon request made in free form in the form of an extract from the relevant state register, a copy of the document (documents) contained in the relevant state register, or a certificate of absence of the requested information. In addition, information contained in the state register can be provided to in electronic format. The period for providing information about a specific legal entity contained in the state register cannot be more than five days from the date of receipt of the relevant request, unless otherwise established federal laws. Urgent provision of information contained in the state register is carried out no later than the working day following the day the corresponding request is received. The specified information from state registers is provided to licensing authorities free of charge (clause 22 of the Decree of the Government of the Russian Federation of June 19, 2002 N 438 “On the Unified State Register of Legal Entities” (as amended on July 27, 2007).

2. More specific regulations on the procedure and methods of both preliminary and subsequent control are contained in the provisions on licensing of specific types of activities and other departmental regulations.

Based on an analysis of the current legislation in the field of licensing of certain types of activities, we will consider in more detail each of the stages of licensing control.

At the stage of preliminary control, the completeness and reliability of the information provided by the license applicant is checked, as well as the ability of him to fulfill the licensing requirements in order to establish the possibility of granting the licensee the required license to carry out the type of activity he has chosen. Such verification is carried out at the stage of accepting an application for a license. Licensing authorities, as a rule, appoint a responsible executor from among the employees to carry out an inspection within one day from the moment of acceptance of documents, while the license applicant, upon his written or oral request, must be informed of the surname, first name and patronymic of the responsible executor, his place of work and telephone number .

The responsible executor checks the completeness and accuracy of the information provided by comparing the information contained in the documents submitted by the license applicant with the information contained in the Unified State Register of Legal Entities, in Unified register issued certificates of conformity. Information contained in the Unified State Register of Legal Entities is provided to the licensing authority in the prescribed manner by the Federal Tax Service, and information contained in the Unified Register of issued certificates of conformity - Federal agency on technical regulation and metrology. The purpose of such a comparison is to determine the availability of the entire set of documents defined by the relevant provision on licensing of a specific type of activity, i.e. completeness of documents, consistency of information provided between individual documents in the set and reliability of documents. Another way to verify the accuracy of the information set out in the submitted documents necessary to make a decision on issuing a license, according to Art. 6 of the Law of the Russian Federation dated March 11, 1992 N 2487-1 “On private detective and security activities in the Russian Federation” (as amended on July 24, 2007), taking into account the specifics of this activity, is an interview with an applicant for a license to carry out non-state (private) detective activities .

After completing the inspection, the responsible executor prepares a draft order (order) to conduct an inspection of the license applicant’s ability to comply with the license requirements and conditions and approves it in the prescribed manner. If the documents are incomplete, incomplete, or if contradictions are identified, a document is prepared - an inspection report indicating the grounds for refusal, which is signed by the head of the licensing authority and sent to the applicant.

3. In order to improve the quality of products, works and services produced in the course of carrying out licensed types of activities, compliance with the requirements of the legislation of the Russian Federation, relevant state standards, regulatory and technical documents, licensing authorities carry out subsequent monitoring to ensure that licensees comply with licensed requirements when carrying out specific types of licensed activities requirements and conditions. Inspections carried out by licensing authorities can be divided into documentary, factual, complete (continuous), selective, scheduled, unscheduled, office and on-site<56>. For these purposes, licensing authorities are authorized to conduct scheduled and unscheduled inspections.

Planned measures to monitor compliance with licensing requirements and conditions for carrying out licensed types of activities are carried out in accordance with a plan developed by the licensing authority or on the basis of an order from the head of the licensing body (see, for example, the Regulations on the organization of control over licensees’ compliance with licensing requirements and conditions by type of activity , the licensing of which is within the powers of the State Construction Committee of Russia, approved by Order of the State Construction Committee of Russia dated June 19, 2002 N 107 (as amended on February 7, 2006, as amended by the decision of the Supreme Court of the Russian Federation dated August 30, 2005 N GKPI05-909). the conduct of inspections is determined by the licensee, the duration of the inspection and the composition of the commission conducting the inspection. Members of the commission conducting the inspection must have an order from the licensing authority and an official certificate, or scheduled inspections are carried out in accordance with the plan for carrying out supervisory activities and on the basis of a decision (instruction). issued in the form of an order (instruction) of the head of the licensing authority (Regulations on the organization and implementation of control over licensees’ compliance with licensing requirements and conditions for types of activities, the licensing of which is within the powers of the Gosgortekhnadzor of Russia, approved by Order of the Gosgortekhnadzor of Russia dated 02.06.2003 N 107).

The licensee must be notified of the upcoming inspection by teletype, fax, or telephone message several days before it is carried out. The notice period varies from 3 to 10 days.

The timing of scheduled inspections is determined by the provisions on licensing of specific types of licensed activities and departmental regulations governing this area of ​​activity of licensing authorities. Based on the analysis of current legislation, scheduled inspections of the licensee can be carried out, as a rule, no more than once every 2 years. In relation to a small business entity, a planned control measure should be carried out no earlier than 3 years from the date of its state registration. Separate regulations establish that monitoring of licensees' compliance with licensing requirements and conditions is carried out at least once during the period of validity of the license or as necessary, taking into account the results of inspections by the relevant control and supervisory authorities.

The inspection period should be within general rule no more than 5 - 10 working days, excluding the time spent en route to the licensee’s organization (facility). The duration of planned and unscheduled control activities should not exceed one month. In exceptional cases related to the need to conduct special studies (tests), examinations with a significant volume of control measures, on the basis of a motivated proposal from the official carrying out the control measure, the head of the state control (supervision) body or his deputy, the period for carrying out the control measure may be extended, but not more than one month.

On the territory of the Russian Federation, some types of activities require a license. In particular, in the field of healthcare, medical, pharmaceutical activities and activities related to the circulation of narcotic drugs, psychotropic substances and their precursors, and the cultivation of narcotic plants are licensed.

The granting of a license is inextricably linked with the increased attention of the state to the holder of such a permit, since the activity being carried out is recognized as socially significant and capable of causing harm to the life and health of people if not complied with mandatory rules and normal. In order to prevent abuse or negligence of organizations that received licenses, the law provided for the institution of licensing control. The main tasks of regulatory authorities are to prevent, identify and suppress violations by organizations of legal requirements in the field of licensing.

In the field of healthcare, licensing control is provided for by the general norm - Article 15 of the Federal Law of the Russian Federation dated November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”. The regulatory authorities in the field of health care include: federal Service for supervision in the field of healthcare (Roszdravnadzor) and executive authorities of the constituent entities of the Russian Federation, to which the powers of the Russian Federation in the field of licensing are transferred - such bodies are the Ministries of Health, Departments of Health, Licensing Committees and other similar bodies of the constituent entities of the Russian Federation.

The organization of licensing of certain types of activities, including the organization of licensing control, has been established Decree of the Government of the Russian Federation of November 21, 2011 N 957. Until recently this resolution V clause 2 indicated that Roszdravnadzor monitors the implementation by the authorities of the constituent entities of the Russian Federation of the powers delegated to them in the field of licensing and maintains consolidated registers of licenses issued by them.

However, from 2016 to the indicated Resolution, as well as a number of other regulations, fundamental changes have been made, redistributing powers over licensing control and introducing a new system of interaction between Roszdravnadzor and regional licensing authorities. So, Decree of the Government of the Russian Federation dated September 23, 2016 N 956 changes have been made to Resolution No. 957 and from now on, Roszdravnadzor is not only a government body that controls regional authorities and maintains a register of licenses, but also a body that exercises licensing control over licensees.

Licensees are organizations and individual entrepreneurs who have received licenses for the relevant type of activity. Those organizations and individual entrepreneurs who are just planning to obtain a license are called license applicants. Since 2016, Roszdravnadzor has received the authority to license control of all healthcare organizations that have licenses for medical, pharmaceutical activities or activities for the circulation of narcotic drugs, psychotropic substances and their precursors, and the cultivation of narcotic plants. Wherein new edition Resolution No. 957 specifically notes that Roszdravnadzor does not exercise licensing control over licensees who have submitted an application for renewal of licenses.

Taking into account the above, the new scheme of licensing control in the field of medical activities from 2016 is as follows:

Table 1

Organization or individual entrepreneur status	Who was in control before?	Who controls since 2016
Applicant for a license to carry out medical activities		Or Roszdravnadzor, depending on the type of organization and the medical care it provides
Licensee - an organization that has received a license for medical activities	Executive body of state power of a constituent entity of the Russian Federation or Roszdravnadzor, depending on the type of organization and the medical care it provides	Roszdravnadzor
Licensee - individual entrepreneur who has received a license	Executive body of state power of a constituent entity of the Russian Federation	Roszdravnadzor
The licensee who submitted an application for renewal of the license	Executive body of state power of a constituent entity of the Russian Federation	Executive body of state power of a constituent entity of the Russian Federation

As follows from the table presented, previously, if a license was issued by an authorized regional body, it continued to monitor the activities of the organization or individual entrepreneur. Since 2016, Roszdravnadzor has been paying attention to all organizations that have licenses to carry out medical activities - regardless of which body issued the license. However, if an organization decides to re-issue a license and again applies to the licensing body of a constituent entity of the Russian Federation, licensing control during the period of license re-issuance is carried out by the specified body instead of Roszdravnadzor.

Resolution No. 957 provides for active forms of interaction between Roszdravnadzor and the “local” licensing authority. Thus, Roszdravnadzor sends to the specified authority within 5 working days:

- a certified copy of the order to suspend the license;

- a certified copy of the order to renew the license;

- a certified copy of the order ordering an inspection of the licensee;

- a copy of the inspection report;

- a copy of the order to eliminate identified violations of licensing requirements;

- a copy of the protocol on the administrative offense;

- a copy of the resolution imposing an administrative penalty;

- copies of other documents related to the implementation of licensing control.

All specified documents are included in licensing files. As can be seen from the list presented, the Government of the Russian Federation has provided notifications to the licensing authority about almost all significant actions in relation to licensees to whom this authority has issued a license. This ensures interdepartmental interaction, as a result of which the licensing authority must always know what exactly is happening to its licensee.

However, such an innovation raises many questions regarding implementation in practice - medical and pharmaceutical workers are afraid of situations where two “departments” will make mutually exclusive demands, disagree with each other’s position, or request documents submitted to the licensing authority of a constituent entity of the Russian Federation in a second round. Such concerns deserve attention, especially during the transition period.

The unrest is further aggravated by the fact that, along with granting powers for licensing control of all licensees without exception, Roszdravnadzor is endowed with the rights to suspend, renew and cancel licenses. Those. a license issued by the licensing authority of a constituent entity of the Russian Federation may be suspended or canceled by Roszdravnadzor, which has other ideas about the procedure for carrying out a specific activity or identifies violations in the process of the organization’s work. This situation alarms representatives of healthcare institutions, because they will have to deal with two bodies at once that have overlapping functions at different stages of licensing.

To implement new functions, it was developed Order of Roszdravnadzor dated November 18, 2016 N 12848, which is approved List of legal acts and their individual parts (provisions) containing mandatory requirements, compliance with which is assessed when carrying out control measures within the framework of a separate type of state control (supervision). These acts are systematized by the issuing authority; in addition, the list contains links to specific norms of the document, which makes it easier to find the necessary information. Data list can be guided both by employees of territorial bodies of Roszdravnadzor and by employees of healthcare institutions in the framework of preparing and conducting licensing control.

However, as practice shows, representatives of Roszdravnadzor do not always use this List correctly. After the changes were made, Roszdravnadzor actively began to fulfill new responsibilities. The courts are already processing cases on disputes between healthcare organizations and Roszdravnadzor authorities regarding bringing administrative liability for violation of licensing requirements; in a number of cases, judicial acts have been issued and entered into legal force. At the same time, the position of Roszdravnadzor does not always find support in the courts. To illustrate, we cite the decision of the judge of the Magadan Regional Court dated March 31, 2017 in case No. 12-21/2017.

The court received a complaint from a representative of an oncology clinic against the decision of a judge of the Magadan City Court dated February 6, 2017 in a case of an administrative offense under