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.