Receiving a permit does not mean the end of state control: the permit-issuing authority monitors compliance with the permit conditions and, in case of violation, applies the full arsenal of liability — from fines to suspension and cancellation of the permit. On this page you will see how this system works, what timelines and guarantees the permit holder has, and how decisions of the issuing authority can be appealed.
Rights and Duties of the Permit Issuer
The permit-issuing authority issues permits in the cases and by the procedure established by law, modifies them, or cancels them. It maintains the departmental permit registry, keeps the documentation submitted by the permit seeker, and exercises, in the manner established by law, control over compliance with the permit conditions.
For transparency, the issuing authority publishes, within 10 days of adopting a decision, information on the issuance, modification, or cancellation of a permit issued through a simplified administrative proceeding. Information on a permit containing personal data or state and commercial secrets is published in the manner established by the General Administrative Code and the law on personal data protection.
Liability for Violation of Permit Conditions
The permit holder's failure to fulfill the permit conditions established by law entails a fine under the procedure established by legislation; the amount of the fine is determined by law. When imposing a fine, the issuing authority sets a reasonable period for satisfying the permit conditions and establishes the conditions whose observance is necessary for carrying out the specific action.
Despite the imposition of liability, failure to fulfill the permit conditions within the established period entails the tripling of the imposed fine — except for certain permits connected with gambling games, for which the law applies a special rule. After the expiry of the period following the imposition of the tripled fine, if the conditions are still not satisfied, the imposed fine is tripled again. If all these measures still do not secure fulfillment, the issuing authority decides to cancel the permit, and the decision must substantiate the necessity of this form of liability.
A special rule also operates for gambling-related permits: despite the imposition of the relevant fine, the issuing authority decides to cancel the permit if the conditions are not fulfilled; and when a permit for organizing a casino or a hall of gaming machines is cancelled, the permit for organizing a gambling club issued on its basis is cancelled as well.
Grounds and Procedure for Cancellation
Cancellation of a permit means declaring the decision on its issuance void in accordance with the General Administrative Code. Beyond the grounds provided for by the Code, special grounds are: the permit holder's request; the holder's death or liquidation, declaration as deceased, recognition as missing, or recognition as a recipient of support — unless a court decision provides otherwise; non-fulfillment of the permit conditions established by law; and a court judgment that has entered into legal force convicting the person and depriving it of the right to carry out the activity.
The cancellation decision is adopted under the procedure established for issuing the permit, and the issuing authority is obliged to notify the holder immediately of the start of the administrative proceeding on cancellation. Where the ground is the judgment that has entered into force, and in urgent cases — where a delay in the decision may cause substantial harm to public or private interests — the issuer must adopt a substantiated decision within 3 days and notify the holder immediately.
The cancellation decision may be appealed to a superior administrative authority or to a court, and the permit certificate must be returned to the issuing authority within 3 days of the decision's entry into force.
Suspension of the Permit
A special rule governs the suspension of particular permits: where a danger arises to human life and health or to the epidemiological situation, the issuing authority may decide to suspend the permit fully or partially — including at a specific address — until the permit conditions are satisfied. If suspension may cause more harm than the continued operation of the permit, the issuer, by a substantiated decision, grants the holder the right to continue the activity subject to conditions it establishes.
Within 24 hours of adopting the suspension decision the issuing authority must submit to the court a motion for confirmation of the suspension; if the motion is not submitted, the decision is deemed cancelled and the permit restored. After the violations are remedied, upon the holder's application the issuing authority checks the fact of satisfaction of the conditions on-site within 5 working days, issues an inspection act, and decides on lifting the suspension. A substantiated refusal must be delivered to the interested party immediately and is appealable to court. If within 1 year of the suspension decision the holder does not ensure fulfillment of the conditions, the issuing authority decides to cancel the permit.
For weapon-related permits the law defines a separate case: where it is provided for by the law on weapons, the issuing authority is entitled to suspend the relevant permit.
Proportionality and the Special Manager
If cancellation of the permit may cause more harm than the continuation of its operation, or if suspension is substantively impossible, the issuing authority adopts a substantiated decision granting the right to carry out the permitted action subject to conditions established by it. In that case the holder is obliged to ensure the fulfillment of additional permit conditions within a reasonable period.
If the conditions are still not fulfilled through this mechanism, the issuing authority may — regardless of liability — ensure their fulfillment itself or through third persons, in the holder's name and at the holder's expense. For permit types provided for by law where this is impossible, the court, on the issuer's motion, appoints a special manager; where delay may cause harm, the issuer appoints one immediately and submits the matter to the court. The special manager takes all necessary measures at the holder's expense; the court approves the manager's monthly reports, and the manager is appointed for a fixed term. The holder is obliged to provide the manager immediately with any information and material means.
The Effect of an Appeal
Where an administrative complaint or a lawsuit is filed, the decision on issuance, refusal, or cancellation of a permit is not suspended unless the issuing authority, the body examining the complaint, or the court decides otherwise. This means that filing an appeal does not by itself suspend the operation of the decision — a separate decision is required for that.