Translated material
The abolition of licenses
Who will take a license
The Ministry of Economic Development has been going to reduce the number of licensed activities by more than doubled over the next two years. Already this spring, the State Duma will consider a package of amendments to the law on licensing. According to Elena Khanova, Deputy Head of the Department of Entrepreneurial Activities of the Ministry of Economic Development of the Russian Federation, the exclusion of 70 types of licensed activities will help to significantly reduce the pressure on business and reduce the number of administrative barriers to entrepreneurs.
Recall that this is not the first attempt to reduce licensed activities: so, in February 2002, licensing of real estate activities was canceled. As a result, the services of private maclers fell by a third, and the number of fraud (especially in the Russian regions) doubled.
Now, officials from the Mayors propose not to license all types of activities in the field of tourism and construction, loading and unloading activities in all types of transport, evaluative and audit activities, the production of medicines, medical equipment and tobacco products, breeding breeding animals and producing elite seeds, all types of operation of hazardous production facilities, as well as the production and development of aviation equipment.
How travel agencies will behave
According to the Department of Tourism of the former mayor, today in Russia there are 5167 licensed tour operators and 12,842 travel agencies with a license (in Moscow 2550 and 4829, respectively). To obtain a license for tour operators, it is necessary to have at least 30% of employees who have higher, secondary or additional education in the field of tourism or work at least five years. A prerequisite is also the presence of a premises for the office. The requirements for travel agencies are slightly softer: to start activities, it is enough to have 20% qualified employees. The cost of the license is 1300 rubles.
One of the developers of the last draft amendments to the Law on the Fundamentals of Tourist Activities, the chairman of the Confederation of Consumer Confederation (Confop) Dmitry Yanin believes that licensing in the tourism sector is not an obstacle to unscrupulous market figures, but creates unequal conditions for competition.
The former Cabinet of Ministers planned to cancel the licensing of tourist activities from January 1, 2005. Now the tourist industry is not overseeing the mayor, but the Federal Agency for Physical Culture, Sports and Tourism (FA is subordinate to the Ministry of Health and Social Development of the Russian Federation), and representatives of travel agencies fear that licensing will be canceled earlier. Such a prospect is frightened by: representatives of the tourism business not only do not complain about the excessive regulation of the market, but also insist on control by the state. According to the newspaper, the president of the Russian Union of Travel Industry (RST) Sergey Shpilko, the tourist market needs not to be canceled, but for the development of licensing. In particular, in his opinion, it is necessary to create mechanisms for financial guarantees for customers.
His opinion is shared by the General Director of the Law Agency of the Person of Grata, Georgy Mokhov: 'Laws on financial guarantees of travel agencies have been prepared five times within three years, but not one has passed. The law providing for the responsibility of the tour operator for the failure of customers from the place of recreation, the professional training of managers, the state certification of guides-explosives would not have been superfluous in the tourist market. All this will work only if there is a system of restriction of legal capacity, that is, state licensing. Without it, no additional measures will lead to anything. ”
“You can follow the path of liberalization only when the industry is clearly formed, the internal rules of the game are defined,” said Evgeny Conkol, president of the Spectrum group of companies. - But the main shocks associated with the formation of the industry are also ahead: in the next few years, competition in the market will intensify, including in connection with the enlargement of business, which is possible to merge travel agencies and financial structures. '
Today, the participants in the tourist market are worried about what schemes for regulating tourism activities will be replaced by licensing.
If it is transformed into any other permits - accounting registration or accreditation - then, according to Georgy Mokhov, travel companies will be forced to re -register again, the market will fever, and many companies that have not managed to get the treasured paper will be outlawed.
Dmitry Yanin believes that the accreditation system and the availability of financial guarantees will be able to become an alternative to licensing. In the draft law, the amount of financial guarantees is determined in the amount of 3 million rubles, the need to insure liability insurance of travel agencies and the availability of bank deposits have. At the same time, Dmitry Yanin believes that the amount of financial guarantees of tour operators working in the outbound tourism market should be 5 times more. If these offers are accepted, small companies will be forced to leave the market.
In the meantime, new mechanisms for regulating the activities of travel agencies are not defined. In this situation, the licensing cancellation, as the head of the press service of the RST, told the newspaper, Irina Tyurina, “The stream of one-day firms can pour on the market, which, as has already happened more than once, will advertise attractive tours, collect money from customers and disappear. And without licensing the ends you will not find. '
I will build a sand house
The upcoming licensing of licensing for all types of construction work looks especially strange after the high-profile statements of the leadership of the Gosstroy of the Russian Federation and the government of Moscow, which followed the tragedy of the Transvaal Park. A month ago, the head of the Gosstroy (now the Federal Agency for Construction and Housing and Public Utilities) Nikolai Koshman proposed tightening the procedure for issuing licenses to construction companies. In particular, it was supposed to introduce a separate type of licenses for companies engaged in the construction of high -rise buildings. After the roof collapse of the parking lot of the Metro shopping chain store in the Gosstroy and in the metropolitan city hall, they seriously spoke about the need to license international companies. The leaders of the state building and now believe that the abolition of licensing will most negatively affect the quality of construction.
It would seem that construction companies should welcome the MART initiative, but they ambiguously evaluate the news.
“In the light of the tragedy in Transvaal Park, such a development of events in the market looks somewhat strange,” Igor Ladychuk, head of the press service of the company Miel, expressed his point of view. - Licensing is one of those factors that is a certain guarantee of the quality of construction. Moreover, the presence of licenses also indicates the civilization of the Russian market. ' According to Ladychuk, licensing cancellation should be compensated by new mechanisms for regulating the quality of construction work.
The deputy general director of the New City company Natalya Vetlugina does not consider licensing a panacea: 'The presence of licenses from construction companies did not prevent a tragedy in Yasenevo. Licensing in our market is generally not able to protect from a particular accident - this is a way to replenish the pockets of officials. ”
She agrees that after the lifting of licenses, other, more effective ways of monitoring the quality of construction should appear.
Swiss Realty Group, Ilya Shershnev, adheres to a similar point of view: “To date, the construction license is not a serious barrier to enter the market. Although it is an instrument of pressure on large companies. The abolition of licenses can have a positive effect on the market, as it will make it more open and reduce the administrative barrier, but only because at the moment the license is not a tool, but a formality. ”
Rostislav Spivak Rostislav Spivak believes the head of the project development group of the investment-sorelier company that the licensing of activities in the field of construction will entail strengthening the examination of projects. "Each project will need to be studied in detail, which will not only increase the construction time, but also increase the costs of the state."
It is clear that an increase in the construction time will lead to an increase in cost (due to the cost of credit resources) and will eventually affect the final price of real estate. At the same time, the coordination of projects can become the same feeder for officials as the issuance of licenses. It is possible that many one-day firms will appear on the market that will specialize in the construction of Pyramids. So without creating an effective system for monitoring players and the quality of construction, consumers will only lose from the abolition of construction systems.
Acceleration of death is like
Experts of the pharmaceutical market evaluate differently the possibility of canceling the licensing of the production of medicines and medical equipment. Mikhail Nekrasov, General Director of the Pharmaceutical Association "Makiz -Farma" believes that the exclusion of drugs from licensed activities is a completely logical step. “Nothing terrible will happen, because the production of drugs is regulated not only by licensing, but also by international GMP standards. By 2005, all domestic companies will have to switch to these standards, then licensing will become only an additional formality, which legislators want today. ”
A bet and pharmacy chains are made to the transition to Western standards. “As you know, the procedure for issuing a permit to withdraw a new drug to the market consists of two main stages: the first is the test and registration of the drug, the second is the licensing of production,” said Anton Parkansky, General Director of Verofarm CJSC (36.6 pharmacy). “The consistent passage of these stages is mandatory to ensure the safety, effectiveness and quality of drugs, and the exclusion of any stage (at least until 2005) is impossible.”
Meanwhile, domestic suppliers of pharmaceuticals are categorically against license cancellation. “In all developed countries, licensing the production of drugs is required. With the desire of Russia to enter the international market, licensing cancellation will be a step in the opposite direction. Licensing is actually a guarantee of the state to ensure the safety of drugs, ”said Andrei Larichev, the director of public relations CVP Pototek.
He added that according to the law “On Technical Regulation”, drugs relate to products that may act as potentially dangerous (for example, in the form of fakes). Therefore, the compliance of drugs with a given quality is an urgent necessity. “In our opinion, it is first necessary to decide on technical regulations, and then, as necessary, introduce or withdraw certain industries from the licensing sphere,” added Larichev.
Sergei Zhludov, General Director of Rosmedkomplekt, also agree with him: “With the abolition of licensing in the hospital sector, the number of unscrupulous companies participating in tenders for the purchase of medicines will most likely increase. Today, the reputation of the supplier plays the dominant role. But in the subsidized regions the proposed price of goods is also very important. If any company offers drugs of dubious origin at a lower price, then human life can ultimately threaten. ”
Foreign players of the Russian pharmaceutical market are actively looking for a compromise. Alexei Myagkov, head of the representative office of Fresenius Medical Care in the Russian Federation, a world manufacturer of dialysis equipment, believes that the state should maintain the “golden mean” in the issue of production control: “On the one hand, the manufacturer should not spend significant resources on the passage of bureaucratic procedures, since such an administrative burden seriously constrains the capabilities of the company in development. On the other hand, the production of medical equipment, especially such high -tech equipment as the apparatus of the 'artificial kidney', on the quality of which the patient’s life depends, should be under state control.
Who will lose money
In firms involved in the design of licenses, the intention of officials from the former mayors caused a shock. The interlocutor of the newspaper from the law firm Kononov and Partners believes that licensing cancellation is premature: “How will construction activities, medicines or gambling be controlled if everyone starts to work where it got and how it got?”
He noted that the initiative of the MECHER has already led to confusion in the licensing market, which is aggravated by the fact that everything remains at the level of rumors. At the same time, the source of the newspaper admitted that licensing in Russia has a number of disadvantages: licenses are very expensive and the terms of their design are exceeded by all reasonable limits. How many firms specializing in licenses can be lost can be seen from the table.
The average cost of licenses in Moscow
| Type of license | Price in US dollars | The deadline |
| Alcohol (wholesale) | 350 | 1.5-2 months |
| Alcohol (retail) | 500 | 2-3 months |
| Construction | 250 | 5 weeks |
| Transport | 350 | 1-2 weeks |
| Activities for the sale of rights to club vacations | 350 | 2 months |
| Tour operator | 350 | 1 month |
| Turagen | 350 | 1 month |
| Gambling | 500 | 2 months |
| Medical | 500 | 2 months |
| Pharmaceutical | 500 | 2 months |
| Maintenance and repair of heat, gas and electric networks | 1500 | 1.5 months |
| Video roll (trade permission) | 500 | 2-3 weeks |
