Increased Danger and the Scope of the Licensing Law
Activities involving increased danger sit at the center of the licensing law’s scope: the law regulates organized activity or action that concerns an indefinite circle of persons, is characterized by increased danger to human life or health, embraces especially important state or public interests, or is connected with the use of state resources. In cases established by law, its application may extend to unorganized activity as well. It also governs the sphere regulated by licenses and permits, defines the exhaustive list of their types, and establishes the rules of issuance, amendment and revocation. Therefore, if your activity carries increased danger, the matter is resolved not in the form of a registration but through a license or permit regime — and the types of that regime are listed precisely in this law.
Types of Activity Licenses
The law details the types of activity licenses, and the list reflects exactly the spheres assessed as carrying increased danger or special interest: licenses for the production and appraisal of infant-food and children’s food products; the license for nuclear and radiation activity; the license for the use of live genetically modified organisms in a closed system; the license for the production of biological pesticides; general licenses for the manufacture, repair and trade of military production; licenses for the manufacture, repair and trade of civil arms and the main elements of firearms; and licenses for the manufacture, acquisition, import or export of electronic means of surveillance and of electronic communication interception systems. These types form a deliberately framed list: a license is required only where the activity stands in the catalogue.
The General Issuance Rule and Deadlines
Only precisely defined license types are issued through public administrative proceedings, and it is impermissible to change the form of proceeding that the law does not contemplate. The issuing organ adopts its decision under the public administrative proceeding determined by the General Administrative Code. The organ checks the conformity of the application and attached documents within 3 days. After the application enters the proceeding the organ immediately publishes a notice for public familiarisation; within 20 days from the submission for public familiarisation any person may submit written opinions, and no later than 7 days after the expiry of the opinion period an oral hearing is held.
The most significant deadline is the final one: the organ is obliged to adopt a decision on issuance within 30 days from the submission of the application, and if no decision is adopted within that term the license is deemed issued. After the term expires the seeker may demand a license certificate, which the organ is obliged to issue immediately. Extension is also possible: for statutorily defined types the organ may extend the proceeding by up to 3 months, with a decision to be taken within 15 days of the application; the Government may extend by an additional up to 3 months; and in cases of increased danger and broad public interest — by up to 6 months. Extension is impermissible if the seeker is not notified within 20 days of submission.
What These Norms Do Not Contain
These norms contain no detailed technical requirements for each license — capital amounts, staff qualifications or special documentation: those details are established by the separate legislation of each sphere and by the issuing organ’s acts. Nor is the license fee amount here — it is determined by the separate law on fees. The task of this page is to show the frame: why your activity is licensable, through which proceeding it is issued, and within what deadlines.
Practical Recommendations
First, verify whether your activity stands in the catalogue of license types — the list is exhaustive, and demanding a license beyond its bounds is unfounded. Second, establish the issuing organ and the form of proceeding — a public proceeding involves familiarisation and a hearing. Third, track the deadlines: 3 days for checking documents, 20 days for public familiarisation, 7 days to the hearing and 30 days to the final decision. Fourth, if the term has passed with no decision, demand the license certificate — the law obliges the issuer. Fifth, seek the detailed technical requirements in the separate legislation of your sphere.
Frequently Asked Questions
Below are the most frequent questions on this topic.
Why is hazardous activity licensable?
The licensing law regulates organized activity concerning an indefinite circle of persons, characterized by increased danger to human life or health, embracing especially important state or public interests, or connected with the use of state resources.
Which types are listed?
For example: production and appraisal of infant and children’s food, nuclear and radiation activity, use of live GMOs in a closed system, production of biological pesticides, general licenses for military production, and arms manufacture and trade.
Within how many days is the license issued?
A decision must be adopted within 30 days of the application; otherwise the license is deemed issued and the seeker may demand the license certificate.
Where are the detailed technical requirements?
In the separate legislation of each sphere and the issuing organ’s acts; the fee amount is set by the separate law on fees.
How We Help on Legal.ge
The lawyers of Legal.ge assist with the licensing of activities involving increased danger: we determine whether your activity is subject to licensing, help prepare the application and assess the prospects of appeal in case of refusal. Contact us before the activity begins.