Licensing of sports activities is not so easy. Some types of activities in the Russian Federation can be carried out only with the appropriate licenses obtained in a special manner prescribed by law. In addition to all well-known procedures, such as, for example, sports activities are also subject to licensing.
Various sports and educational institutions have the right to provide people with the opportunity to engage in sports and physical education. The main thing is that licensing of sports activities is carried out. This requirement is dictated at the legislative level. How a sports activity license is issued is described in detail in specific legislative acts. In this article we will look at the most significant aspects.
Who needs a sports license?
Any institution in which sports activities will be carried out must first undergo a procedure such as licensing. Such an establishment could be:
- municipal or state (if it is organized by municipal, regional or federal authorities);
- private (if created by a legal entity or citizen).
If your organization carries out not only sports activities, then it may be useful for you to find out the order in which it is carried out, as well as, since sports activities can often be combined with health-improving services.
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In what cases is a license issued?
Licensing of a sports section and sports institution is carried out on the basis of the conclusion of a specially convened expert commission. Such a commission is created by the body that issues the license.
- When licensing a sports school or section, the commission first determines whether the conditions in which the classes will take place are appropriate. Construction, hygiene and sanitary standards are also taken into account. If the commission members find non-compliance with current standards, the license will not be issued.
- Licensing of a physical culture and sports organization is carried out within 1-2 months. The section is licensed within 15-30 days. The validity period of the provided document is 5 years.
- You will need a license if you want to organize your own sports club or organize competitions. However, you do not need a license if you are a trainer and want to organize individual lessons for citizens or rent out sports equipment. A specific list is contained in the law.
- Sometimes one license for sports activities is not enough, for example, you will also need to know how to draw up one if you are organizing a sports shooting club.
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What documentation is required for sports activities?
What documents are needed to open a sports section? The exact list depends on what type of activity you intend to carry out. However, in any case, the following documentation will be required:
- a corresponding statement, which must necessarily indicate the organizational and legal form and name of the institution, as well as a list of areas in which the section will work.
- copies of the charter and a document confirming that the applicant is included in the Unified State Register of Legal Entities.
- information that confirms that the applicant has a suitable premises for playing sports, and also has all the required knowledge.
- copies of documents confirming that payment has been made for the license.
Procedure for obtaining a license
The procedure for obtaining a license for sports activities has certain similarities. You will also need a conclusion from Rospotrebnadzor and the Ministry of Emergency Situations on whether your premises meet sanitary and fire safety standards.
Now you know the answer to the question whether the activities of a sports club are subject to licensing. Do it right!
You may also be interested in the procedure for obtaining other licenses. Competent specialists will help you obtain any other license, for example, to implement, in a short time.
Additionally, it is worth noting that conducting activities without a license entails administrative, and in some cases even criminal liability.
Sports institutions (sections, clubs, schools, etc.) provide the population with the opportunity to engage in physical education and sports. Do they always need to get a license?
Who needs a license?
According to Article 2 of the Federal Law of April 29, 1999 No. 80-FZ “On Physical Culture and Sports in the Russian Federation,” physical education is a pedagogical process. It is aimed at forming a healthy, physically and spiritually perfect younger generation, strengthening health, increasing efficiency, creative longevity and prolonging human life.
Physical education and sports classes can be conducted both in specialized sports institutions and in general education institutions.
The sports institution is a non-profit organization. It is created by the owner to carry out physical education and health work with the population, prepare sports reserves, teams and highly qualified athletes.
The institution may be:
- private, if created by a citizen or legal entity;
- state or municipal, if created by federal, regional or municipal authorities (Article 120 of the Civil Code of the Russian Federation).
The forms of sports institutions are different. These can be sports sections, clubs, children's and youth sports schools, Olympic reserve schools, etc.
However, you do not need to obtain a license in all cases. Only those sports institutions that carry out the educational process are subject to licensing. This means that they implement one or more educational programs and (or) provide maintenance and education for students.
As a rule, such sports institutions include children's and youth sports schools, Olympic reserve schools, and sports and technical schools. It is these institutions that implement additional training programs.
In addition, sports institutions can provide physical therapy and sports medicine services. These services relate to licensed types of medical activities in accordance with the Regulations on licensing of medical activities.
General education institutions conduct physical education classes based on federal state educational standards and physical fitness standards. At the same time, physical education, recreation and sports activities can be organized during extracurricular hours.
In addition, physical education of preschool children is carried out according to the program in preschool educational institutions. Training sessions are free, their duration is usually eight hours per week (Article 14 of Law No. 80-FZ).
Thus, an educational institution can implement additional educational programs in the field of physical education and sports. At the same time, the license issued to the educational institution states:
- control standards;
- maximum number of students;
- validity period of this license.
Obtaining an educational license
An institution has the right to conduct educational activities from the moment a license is issued to it. The licensing procedure is regulated by the Regulations on licensing of educational activities (approved by Decree of the Government of the Russian Federation of October 18, 2000 No. 796).
In accordance with paragraph 7 of Article 33 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education,” a license for the right to conduct educational activities is issued by an authorized executive body.
Thus, the Federal Service for Supervision in Education and Science is responsible for licensing institutions under federal jurisdiction.
Licensing of institutions located on the territory of a constituent entity of the Russian Federation is carried out by state educational authorities of the constituent entities of the Russian Federation.
The licensing authority makes a decision to issue a license based on the conclusion of the expert commission.
The purpose of the examination is to establish compliance of the conditions for conducting the educational process proposed by the license applicant with state and local requirements in various areas. In particular, the assessment of requirements is carried out in terms of building codes and regulations, sanitary and hygienic standards, health protection and educational qualifications of teaching staff.
The expert commission is created by the licensing body. At the same time, the commission cannot include persons who are in labor or civil relations with the license applicant.
The founder of the educational institution pays the costs associated with the examination and production of the license form.
A license is issued upon presentation of copies of payment documents confirming payment of fees for the examination and for the production of the license form. The period for consideration of an application for a license and the creation of an expert commission cannot exceed 20 days from the date of registration of the application.
The examination is carried out within 30 days from the date of creation of the expert commission. Based on the results of the examination, a conclusion is prepared, which is signed by the chairman and members of the expert commission. The decision to issue or refuse to issue a license is made within no more than 60 days from the date of registration of the application.
The license is issued for at least three years. At the same time, at the request of the license applicant, it can be issued for a shorter period.
In two cases, a license may be refused. Firstly, if the submitted documents contain unreliable or distorted information. Secondly, with a negative conclusion from the expert commission.
Let us remind you that the license loses legal force and is considered cancelled:
- during reorganization associated with a change in the organizational and legal form or status;
- upon liquidation of an institution.
Obtaining a medical license
The procedure for licensing medical activities is determined by the Regulations we have already mentioned. Licensing of this type of activity is carried out by the Federal Service for Surveillance in Healthcare and Social Development.
To obtain a license, the applicant must meet certain requirements and conditions, namely:
- own or otherwise legally own buildings, premises, equipment and medical equipment necessary to perform work (services);
- the head or deputy head of the institution (structural unit) must have a higher medical education (secondary, postgraduate, additional medical education) and work experience in the specialty of at least 5 years;
- specialists performing work (services) must have a higher or secondary vocational (medical) education and a specialist certificate;
- observe sanitary rules when carrying out medical activities, etc.
Based on the established requirements and conditions, the applicant submits the following documents to the licensing authority:
- a statement indicating the licensed services;
- copies of documents confirming the availability of buildings, premises, equipment necessary for medical activities;
- copies of educational documents, as well as documents confirming the work experience of the head of the institution or his deputy;
- copies of documents on the education of specialists providing medical services;
- copies of registration certificates and certificates of conformity for the medical equipment used;
- other documents specified in the Licensing Regulations.
The license to conduct medical activities is granted for 5 years with the right of extension.
Documents for obtaining a license
To obtain a license, the applicant submits the following documents to the licensing authority:
- a statement from the founder indicating the name and legal form of the applicant, the list of educational programs, areas and specialties of training, the validity period of the license;
- copies of the charter and a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities;
- information about the applicant’s availability of buildings and premises necessary for organizing the educational process, physical education and sports facilities, dormitories, etc.;
- a list of disciplines included in each declared educational program, indicating the volume of the teaching load;
- other documents specified in the Licensing Regulations.
Order of the Mayor of Moscow No. 227-RM of March 22, 1999 on licensing activities for the provision of physical education, health and sports services in the city of Moscow
In accordance with the Federal Law of September 25, 1998 N 158-FZ “On licensing of certain types of activities” and in order to streamline the provision of physical education, health and sports services in the territory of the city of Moscow, to protect the health and rights of citizens:
For the period until the adoption of the relevant regulatory legal acts of the Russian Federation establishing the procedure for licensing this type of activity, approve the Temporary procedure for licensing activities for the provision of physical education, health and sports services in the city of Moscow (Appendix).
The Moscow Licensing Chamber, together with the Committee of Physical Culture and Sports of the Moscow Government, will, within a month, carry out the necessary organizational measures and begin licensing the specified type of activity in accordance with the approved Temporary Procedure.
To establish that carrying out activities to provide physical education, health and sports services in the territory of the city of Moscow without a license from July 1, 1999 is prohibited.
The Committee on Telecommunications and Media to assist the Moscow Licensing Chamber in publishing information materials on this topic and about the work of the licensing body in the newspaper “Tverskaya, 13”.
Control over the implementation of this order shall be entrusted to the First Deputy Prime Minister of the Moscow Government O.M. Tolkachev.
P.p. Mayor of Moscow Yu.M. Luzhkov
TEMPORARY PROCEDURE FOR LICENSING ACTIVITIES FOR PROVIDING PHYSICAL EDUCATION, HEALTH AND SPORTS SERVICES IN MOSCOW
The procedure defines the basic norms and principles governing the licensing of activities for the provision of physical education, health and sports services on a unified regulatory and organizational-methodological basis, establishes the conditions for licensing this type of activity carried out by non-governmental organizations and individual entrepreneurs in the territory of the city of Moscow.
1. General Provisions
Licensing of activities for the provision of physical education, health and sports services is carried out in order to streamline the implementation of this type of activity, protect life, health and legal rights, interests of citizens and legal entities who are consumers of services, and ensure compliance with sanitary and technical standards.
Activities for the provision of physical education, health and sports services are carried out on the territory of the city of Moscow on the basis of a license issued by the Moscow Licensing Chamber.
Activities for the provision of physical education, health and sports services subject to licensing include:
- organizing and conducting individual classes, as well as classes in educational groups, schools, clubs, teams, sections in sports (including martial arts and martial arts);
- organizing and conducting physical education and sports classes individually, in study groups, schools and clubs, rehabilitation and health-improving physical education centers (including services of sports and health baths and saunas);
- conducting medical rehabilitation and methodological consultations, testing;
- development and issuance of recommendations, programs, complexes for sports;
- provision of physical culture and sports facilities for the population, including gym services;
- provision of services for sports and recreational massage.
The licensees (license holders) are non-governmental organizations and individual entrepreneurs that carry out or intend to carry out activities to provide physical education, health and sports services in the city of Moscow.
Activities for the provision of physical education, health and sports services carried out by state organizations, that is, legal entities whose property is fully owned by the Russian Federation or a constituent entity of the Russian Federation and assigned to these legal entities on the right of economic management or on the right of operational management, are not subject to licensing.
There is no requirement to obtain a license to carry out:
- activities for the provision of physical education, health and sports services, carried out within the framework of the curriculum approved in the established manner by educational institutions that have a license to carry out educational activities;
- activities related to the provision of services for massage and physical therapy, other physical education and health services, carried out by organizations and individual entrepreneurs who have a license to carry out medical activities, which indicates the right to provide the listed services;
- activities for the rehabilitation of disabled people carried out by organizations that have the appropriate license issued in accordance with the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation”.
The right to carry out activities in the provision of physical education, health and sports services arises for a legal entity or individual entrepreneur from the moment a license is issued to it or within the period specified therein and terminates from the moment the license expires, is suspended or revoked.
Carrying out activities to provide physical education, health and sports services on the territory of the city of Moscow without a license is prohibited.
2. Procedure for issuing licenses
To obtain a license, the applicant submits to the Moscow Licensing Chamber (hereinafter referred to as the licensing authority):
a) application for a license (in the prescribed form) indicating:
for a legal entity - name and legal form, legal address, current account number and name of the relevant bank;
for an individual entrepreneur - last name, first name, patronymic, details of the citizen’s identity document (series, number, by whom and when issued), place of residence;
the declared type of activity indicating the types of work;
license validity period;
b) for legal entities - copies of constituent documents (if they are not certified by a notary - with presentation of the originals);
c) a copy of the certificate of state registration of a legal entity or individual entrepreneur (if it is not certified by a notary - with presentation of the original);
d) a certificate from the tax authority on registration (except for cases where a duly certified mark on registration with the tax inspectorate is made on the registration certificate) or a certificate of state registration of an individual as an individual entrepreneur with a stamp from the tax authority indicating the identification taxpayer numbers (TIN);
e) a document confirming payment of the fee for processing the application;
f) copies of documents confirming the right of ownership and use of areas of urban territory, buildings, structures, premises that will be used in carrying out the declared type of activity;
g) conclusions of the bodies of the State Fire Service and the State Sanitary and Epidemiological Supervision on the compliance of the territory, buildings, structures, premises with the established requirements;
h) characteristics of the object in the prescribed form;
i) information on the qualifications and professional training of personnel;
j) the conclusion of the Committee of Physical Culture and Sports of the Moscow Government on the compliance of the conditions available to the license applicant with the established requirements;
k) a copy of the permit from the internal affairs bodies for the operation of shooting ranges (only for shooting ranges).
If the declared type of activity is carried out at several geographically isolated facilities, in the application for a license the applicant must indicate all such facilities and attach the documents specified in subparagraphs “f” - “l” of paragraph 2.1 of this Procedure for each facility.
It is prohibited to require the applicant to submit documents not provided for by this Procedure.
Applicants are responsible for the accuracy of the data provided in the manner prescribed by law.
An application for a license, accompanied by all the necessary documents specified in paragraphs 2.1 and 2.2 of this Procedure, is accepted by the licensing authority according to the inventory and registered on the day it is received. A copy of the inventory with a note about acceptance of documents is returned to the applicant.
The decision to issue or refuse to issue a license is made within 30 days from the date of receipt of the application with all the necessary documents.
The decision to issue a license or to refuse to issue a license is made by the licensing authority, taking into account the conclusion of the Expert Council created under the licensing authority. The Expert Council includes specialists from the licensing body, the Committee for Physical Culture and Sports of the Moscow Government, and public physical education and sports organizations of the city.
A license may be refused only in the following cases:
the presence in the documents submitted by the license applicant of unreliable or distorted information;
non-compliance of the license applicant with the licensing requirements and conditions.
A reasoned decision of the licensing authority to refuse to issue a license, indicating the reasons for the refusal, is sent (handed) to the applicant in writing within 3 days after its adoption and can be appealed in the prescribed manner.
Notification of the issuance of a license is sent (handed) to the applicant in writing, accompanied by a calculation of the amount of the license fee, indicating bank account details and the deadline for payment of the license fee.
The applicant must pay the license fee within the time period specified in the notice.
The document confirming the availability of a license shall indicate:
a) name of the authority that issued the license;
b) for legal entities - the name and legal address of the licensee; for individual entrepreneurs - last name, first name, patronymic, details of the licensee’s identity document (series, number, by whom and when issued);
c) taxpayer identification number (TIN);
d) the type of activity for which a license is issued, indicating the types of work (services);
e) conditions for carrying out this type of activity;
f) scope of the license;
g) validity period of the license;
h) license registration number and date of issue.
A document confirming the availability of a license is signed by the head of the licensing body or an official of the licensing body authorized by him and certified by the seal of the licensing body.
The license is issued for 3 years. A license for a period of up to three years can be issued only upon the application of the person applying for it.
The validity period of the license can be extended at the request of the licensee. The renewal of a license may be refused if violations of license requirements and conditions are recorded during the validity period of the license.
A document confirming the availability of a license is issued within 3 days after the licensee submits to the licensing authority a document confirming payment of the license fee.
If the licensed type of activity is carried out by the licensee at several territorially isolated facilities, the licensee is issued documents confirming the availability of a license, indicating the location of each facility.
The license does not apply to other persons carrying out activities jointly with the licensee, including under a cooperation agreement, as well as to legal entities of which the licensee is one of the founders. A document confirming the presence of a license cannot be transferred to another person. Temporary provision of it to another person to perform actions on behalf of the licensee on the basis of an employment agreement (contract) or an agency agreement is not a transfer of a document confirming the presence of a license.
In case of damage, loss of a document confirming the presence of a license, transformation of a legal entity, change in its name or location, change in the data of an identity document of an individual entrepreneur, and other changes not related to changes in the conditions for carrying out the licensed type of activity, the licensee is obliged to 15 - one day period to notify the licensing authority about this and submit an application for re-issuance of the document confirming the availability of the license, attaching the relevant documents confirming the specified information.
Failure to submit an application for renewal of a document confirming the presence of a license within the established time frame is a gross violation of licensing requirements and conditions.
Re-issuance of a document confirming the availability of a license is carried out within 5 days from the date the licensee submits the relevant application. The licensing authority has the right to verify the information provided by the licensee.
Before the issuance of a re-issued document confirming the availability of a license, the licensee carries out activities on the basis of a previously issued document, on which the mark of the licensing authority is placed.
The licensing authority has the right to decide to refuse to reissue a document confirming the existence of a license if it is determined that there are inaccurate or distorted data in the documents submitted by the licensee.
A notice of re-issuance of a document confirming the existence of a license is sent (handed) to the licensee in writing, indicating the amount of the fee for re-issuing this document, the deadline for its payment and the details of the corresponding bank account. The issuance of a re-issued document confirming the availability of a license is carried out within 3 days after the submission to the licensing authority of a document confirming payment of the fee for re-issuance of the document.
In the event of a change in the number of territorially isolated facilities where a licensed type of activity is carried out, or a change in the location of such facilities, the licensee is obliged to contact the licensing authority within 15 days to obtain documents confirming the availability of a license for these facilities. The issuance of these documents is carried out in the manner established for the issuance of a license.
Activities for the provision of physical education, health and sports services on the basis of a license issued by the licensing authority of another constituent entity of the Russian Federation may be carried out on the territory of the city of Moscow after registration of the license by the Moscow Licensing Chamber in the prescribed manner. Information about license registration is reflected in the document confirming the availability of the license.
Carrying out activities to provide physical education, health and sports services on the territory of the city of Moscow on the basis of a license issued by the licensing authority of another constituent entity of the Russian Federation and which has not been registered on the territory of the city of Moscow is considered as an activity without a license.
3. The procedure for determining the amount of the fee for consideration of the application and the amount of the license fee
Consideration of an application for a license, issuance and renewal of a document confirming the availability of a license are carried out on a paid basis.
When applying to the licensing authority for a license, the applicant pays a fee equal to three times the minimum monthly wage established by law.
For the issuance of a license, a license fee is charged in the amount of ten times the minimum monthly wage established by law.
When re-issuing a document confirming the presence of a license, the licensee pays a fee in the amount of one tenth of the minimum monthly wage established by law.
All funds received as a fee for consideration of an application for a license, a fee for re-issuing a document confirming the presence of a license, a license fee are credited to the budget of the city of Moscow.
Regardless of the results of the licensing authority's consideration of the application for a license, the fee for processing the application is non-refundable.
4. Organization of licensing work
Licensing of activities for the provision of physical education, health and sports services is carried out by the Moscow Licensing Chamber.
Forms of documents confirming the presence of a license are documents of strict accountability.
The licensing authority maintains a register of issued, registered and canceled licenses, as well as licenses whose validity is suspended.
5. Mandatory conditions and requirements for the licensee
The licensee is obliged to comply with legislative and other regulatory legal acts of the Russian Federation and the city of Moscow, to comply with the decisions of the licensing authority, instructions of control and supervisory authorities.
The licensee is obliged to provide:
- compliance with the norms and rules governing the implementation of the licensed type of activity;
- fulfillment of the conditions for carrying out the licensed type of activity;
- compliance of the facilities where the licensed type of activity is carried out with sanitary, hygienic, environmental, fire and other standards and regulations;
- compliance with safety regulations when carrying out a licensed type of activity;
- availability of personnel meeting established qualification requirements;
- provision, upon request of authorized bodies, of information necessary to supervise the licensee’s compliance with licensing requirements;
compliance with the requirements of this Procedure.
6. Supervision of compliance with licensing requirements and conditions
Supervision of compliance with licensing requirements and conditions for carrying out activities for the provision of physical education, health and sports services is carried out by:
Control divisions of the licensing authority;
- state and territorial control and supervisory authorities within the limits of the rights granted to them by legislative and regulatory acts of the Russian Federation and the city of Moscow.
State supervisory and control bodies, as well as other government bodies, within their competence, when identifying violations of licensing requirements and conditions, are obliged to inform the licensing authority that issued the license about the violations identified and the measures taken.
For legal entities and individual entrepreneurs carrying out a licensed type of activity on the territory of the city of Moscow in violation of licensing conditions and requirements, enforcement measures are applied in accordance with the legislation of the Russian Federation and the city of Moscow.
7. Suspension and revocation of license
The licensing authority may suspend the license in the following cases:
a) detection by the licensing body, state supervisory and control bodies, other government bodies within the competence of these bodies of violations by the licensee of licensing requirements and conditions, which may entail damage to the rights, legitimate interests, morality and health of citizens, as well as the defense of the country and state security;
b) failure by the licensee to comply with decisions of the licensing authority obliging the licensee to eliminate identified violations.
The licensing authority is obliged to set a deadline for the licensee to eliminate the circumstances that led to the suspension of the license.
The specified period cannot exceed six months. If the licensee does not eliminate these circumstances within the established period, the licensing authority is obliged to apply to the court to cancel the license.
The licensing authority is obliged to make a decision on the renewal of the license at the request of the licensee if the circumstances that led to the suspension of the license are eliminated. The license is considered renewed after the licensing authority makes an appropriate decision, about which it informs the licensee and the relevant tax authorities in writing within 3 days. Suspension of a license for any period does not entail an increase in its validity period.
A license may be revoked by a court decision based on an application from the licensing authority that issued the license or from a government agency in accordance with its competence. Simultaneously with sending an application to the court to cancel a license, the licensing authority has the right to decide to suspend the license until the court decision comes into force.
The grounds for revocation of a license are:
a) detection of inaccurate or distorted data in documents submitted to obtain a license;
b) repeated or gross violation by the licensee of licensing requirements and conditions.
c) illegality of the decision to issue a license.
The licensing authority that issued the license has the right to cancel the said license if the licensee does not pay the license fee within three months after the decision to issue the license is made.
In the event of liquidation of a non-governmental organization or termination of the certificate of state registration of an individual as an individual entrepreneur, the issued license loses legal force and is considered cancelled.
The decision to suspend a license, send an application to the court to cancel a license, or, in cases provided for by law, to cancel a license, is made by the head of the licensing body or an authorized official of the licensing body, taking into account the recommendations of the Expert Council. The licensing authority informs the licensee and the relevant tax authorities in writing about the decision made within 3 days.
8. Responsibility of the licensing authority
Decisions and actions of the licensing authority can be appealed in the prescribed manner to a higher official of the Moscow Licensing Chamber, to the Expert and Appeal Council at the Moscow Licensing Chamber, as well as to judicial authorities.
Managers and officials of the licensing authority are responsible for violation or improper execution of this Procedure in accordance with current legislation.