Russian


Recommendations
Made by the First Inter-Regional Coordination Workshop on SEO registration and licensing of specific activities

1. General purpose

      The recommendations on this topic have been developed with the purpose to improve the procedures for state registration of SEO and licensing of specific economic activities.

2. Summary of the experts' recommendations

2.1 State registration

  1. The necessity to develop and pass the Federal Law (hereinafter called "the Law"), which concept could reflect specific cornerstone positions described below;
  2. The Law should cover the registration of all economic operators, including legal entities, peasant farms (farming enterprises) and private entrepreneurs;
  3. The Law should exhaustively regulate the issues of building-up and keeping the Uniform Federal Register, purposes and principles of its creation;
  4. The arguments and the contents of the EU Directive 1 should be taken into consideration when creating the Register;
  5. The information on SEO activities should be reflected, taking into account human rights and freedoms (freedom of entrepreneurship) - on the one hand, and information transparency and availability for the third parties - on the other hand;
  6. The applicant should be granted an option to submit the information on the directions of his (her) activities to the Register;
  7. It seems feasible to include into the Register the information on persons (parties), which due to corporate legal relationships with the respective legal entity may be vicariously or jointly liable for the obligations of the latter;
  8. There should be a possibility to include specific information retrieved from the balance sheet approved by the respective tax body, as well as other information on the financial standing of the SEO, into the Register;
  9. The system of state registration of economic operators should envisage individual identification numbers assigned to every person (entity) registered with the Register, with the respective indication of this identification number in the Register;
  10. It is suggested to substantially raise the lowest limit of the value of assets invested as the charter capital on establishment of a commercial organization, whereby an independent expert evaluation of the non-cash investment is required;
  11. The general principle should be that any act by a registration body modifying the contents of rights and obligations of the applicant should be made in writing. The document should, among other things, contain the data and the reasons behind the decision made;
  12. Any decision by the registration body negative for an applicant should be accepted only provided there are exhaustive reasons for that envisaged by the Law;
  13. The Law should duly describe the procedures used by the registration body and all possible types of decisions it is allowed to take. It seems that the possible actions by the registration body could be:
    - entry into the Register;
    - acceptance of documents;
    - suspension of the application and demanding for additional documents within certain time stipulated by the Law;
    - return of the application document on request of the applicant, should the application have been suspended;
    - waiver of entering the information into the Register;
    - cancellation of a record in the Register.
  14. The total time for the state registration prior to entering the information into the Register should not exceed 21 (twenty one) day from the moment of receipt of the respective application;
  15. All the disputes arisen in connection with keeping the Register should be solved in agreement with the rules of jurisdiction set forth by the procedural legislation. Outside of this Law, the solution of these disputes should be referred to the jurisdiction of arbitration courts;
  16. Provision for principles and implementation of fast and practical access to the information of the Register, in particular, within the framework of the federal structure of Russian Federation;
  17. The need to give distinct and transparent definitions in the Law to the notions of "location", "legal address", "postal address", "location of executive body" and "the place of registration" of a legal entity, together with their relation to each other;
  18. The development and implementation of the concept of a dedicated federal law on firms (trademarks) independently of the Law studied;
  19. When passing the Law, it is necessary to solve the issue of the legal nature of the registration fee;
  20. The Law should exhaustively regulate the issues of exclusion from the Uniform State Register.
2.2 Licensing
  1. Envisage the submission of information by the registration body on request of the licensing body;
  2. Reduction of activities to be licensed;
  3. The need to list all the licensed activities in one document (a Law);
  4. Definition of specific licensing terms and requirements, restricting them down to the requirements really necessary for the given licensed activity;
  5. Regulating the issues of license extension and its terms and conditions by the Law.

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