The transition to market relations required fundamentally new forms of state regulation of the transport complex and a more developed legislative framework for this area. In a market economy, the ratio in the development of public road transport, departmental, cooperative, private owners is determined by their ability to provide the client with high-quality transport services at minimal costs. However, freedom of entrepreneurial activity in the field of transport without appropriate regulatory levers can lead to an oversupply in some types of transportation and a shortage of offers, therefore, to monopoly in others.
By the decision of the Council of Ministers of September 25, 1990 No. 378, the Russian Transport Inspectorate was created - as a body for regulating the transport market by issuing licenses to owners Vehicle for the right to engage in transport activities of a certain type. Its tasks are:
Control over the implementation by carriers of transport legislation, transportation rules and other regulations
Reducing transport costs in the national economy
Protection of interests of consumers of transport services
Stimulating the activities of carriers aimed at the rational use of rolling stock, improving the quality and efficiency of transport, forwarding and service services by the organization of the population
Prevention of monopoly of transport services by organizing the optimal level of competition
Regulation of the number and structure of rolling stock
Decrease harmful effects transport to the environment
Reducing traffic accidents
Ensuring the required professional level of transport workers
The fundamental legal documents for licensing the transportation of road transport are the "Federal Law on Licensing Certain Types of Activities" and "Regulations on the Licensing of Passenger and Cargo Transportation by Road".
"Federal law ..." regulates relations between federal bodies executive power, the organization of the executive power of the constituent entities Russian Federation, legal entities and individual entrepreneurs in connection with the implementation of licensing of certain types of activities. In this case, the following basic concepts are accepted:
License- a special permit for the implementation of a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur.
Licensed type of activity- the type of activity for the implementation of which on the territory of the Russian Federation it is required to obtain a license in accordance with Federal law.
Licensing- activities related to the provision of licenses, reissuance of documents confirming availability of licenses, suspension and renewal of licenses, cancellation of licenses and control of licensing authorities over compliance by licensees in the implementation of licensed activities with the relevant licensing requirements and conditions.
The "Regulations" determine the procedure for licensing the following types of activities when legal entities and individual entrepreneurs carry out transportation by road:
Transportation of passengers on a commercial basis by light road transport
Carriage of passengers by road, equipped for the carriage of more than 8 people (unless the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur).
Transportation of goods by road with a carrying capacity of over 3.5 tons (unless the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur).
Licensing of passenger and cargo transportation by road is carried out by the Ministry of Transport of the Russian Federation (hereinafter referred to as the licensing authority). A corresponding license is provided for each licensed type of activity.
Licensing requirements and conditions for the carriage of passengers and goods by road are:
Compliance with the requirements established by federal laws and other regulatory legal acts Of the Russian Federation in the field of a licensed type of activity.
Compliance of vehicles declared for the performance of transportation, including those in technical operation on the basis of a lease agreement or on another legal basis, with the requirements established for the implementation of the relevant transportation by road and the admission of vehicles to operation.
Compliance of an individual entrepreneur and employees of a legal entity with the qualification requirements for the implementation of the relevant transportation by road.
The presence in the staff of a legal entity of officials responsible for ensuring road safety, who have undergone certification in accordance with the established procedure for the right to occupy the relevant position.
To obtain a license, the license applicant submits the following documents to the licensing authority:
Application for a license indicating: name, organizational and legal form and location - for a legal entity, last name, first name, patronymic, living place, data of an identity document - for an individual entrepreneur; licensed type of activity that a legal entity or individual entrepreneur intends to carry out.
Copies of constituent documents and a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities.
A copy of the certificate of state registration of the license applicant as an individual entrepreneur.
A copy of the certificate of registration of the license applicant with the tax authority.
Copies of documents confirming the qualifications of an individual entrepreneur or employees of a legal entity that meet the established requirements and conditions.
Copies of documents confirming the passage of the relevant certification by the officials of the legal entity responsible for ensuring road safety.
Information about the vehicles declared for the performance of the licensed type of activity (the list of the specified information is approved by the licensing authority).
A document confirming the payment of the license fee for the consideration by the licensing authority of an application for a license.
Documents are accepted by the licensing authority according to the inventory, a copy of which is sent (handed) to the license applicant indicating the date of acceptance.
The license applicant is responsible for providing false information in accordance with the legislation of the Russian Federation.
When carrying out licensing, the licensing authority has the right to conduct checks on the compliance of the license applicant with the licensing requirements and conditions.
The licensing authority makes a decision on granting or refusing to grant a license within a period not exceeding 30 days from the date of receipt of the application with all the necessary documents. The corresponding decision is formalized by the order of the head of the licensing authority.
A license to carry out any type of activity licensed in accordance with the Regulation is granted for 5 years. Simultaneously with the license for each vehicle, a license card is issued, which must be on the vehicle when carrying out the licensed type of activity. Forms of forms of licenses for the relevant type of activity and a license card are approved by the licensing authority.
The licensee is obliged to inform the licensing authority within 15 days (in writing) of the change in the number of vehicles used to carry out the licensed activity.
Routine Licensee Compliance Checks licensing requirements and conditions are carried out by the licensing authority in relation to the carriage of passengers - no more than once a year, in relation to the carriage of goods - no more than once every 2 years.
Inspections are carried out on the basis of an order (order) of the head of the licensing authority.
Based on the results of the inspection, the official (persons) of the licensing body who carried out it leaves the act (protocol) in two copies.
The act (protocol), if necessary, shall be accompanied by copies of documents confirming the violation by the licensee of license requirements and conditions, explanations of its employees, as well as other necessary documents (or their copies).
One copy of the act (protocol) is handed over to the head of the legal entity, individual entrepreneur or their representatives against receipt or sent by mail with acknowledgment of receipt. The act (protocol) of the inspection is registered in the register of the licensing body and submitted to the head of this body.
If the licensee's violations of licensing requirements and conditions are revealed during the inspection, the head of the licensing body (or, on his behalf, an official of this body) takes measures in accordance with the Federal Law “On licensing certain types of activities”.
Licensing authorities have the right to suspend a license if the licensing authorities identify repeated violations or gross violation by the licensee of licensing requirements and conditions.
The licensing body is obliged to establish a time limit for the licensee to eliminate violations that led to the suspension of the license. The specified period cannot exceed six months. If the licensee has not eliminated the indicated violations within the prescribed period, the licensing authority is obliged to apply to the court with an application to revoke the license.
The licensee is obliged to notify the licensing authority in writing about the elimination of the violation that led to the suspension of the license. The licensing authority that has suspended the license makes a decision to renew its validity and informs the licensee about it in writing within three days after receiving the appropriate notification and checking that the licensee has eliminated the violations that led to the suspension of the license.
The license becomes invalid in case of liquidation of a legal entity or termination of its activities as a result of reorganization, with the exception of its transformation, or termination of the certificate of state registration of a citizen as an individual entrepreneur.
Licensing authorities can revoke a license without going to court if the licensee fails to pay the license fee for granting the license within three months.
A license can be canceled by a court decision on the basis of an application by the licensing authority if the licensee's violation of the license requirements and conditions entailed damage to the rights, legitimate interests, health of citizens, defense and security of the state, cultural heritage of the peoples of the Russian Federation. Simultaneously with filing an application with the court, the licensing authority has the right to suspend the said license for a period until the entry into force of the court decision.
The decision to suspend the license, to revoke the license or to send an application for the revocation of the license to the court shall be communicated by the licensing authority to the licensee in writing with a reasoned justification for such a decision no later than three days after its adoption.
The decision to suspend the license and to revoke the license may be appealed in the manner prescribed by the legislation of the Russian Federation.
The textbook contains the main provisions of the normative legal support of transport activities, with the main attention being paid to road transport. The material presented is based on the regulatory legal documents in force in road transport as of January 1, 2013, and is intended to study the disciplines " Transport law"," Normative legal support of transport activities "and other disciplines of the given orientation at the bachelor's, specialist's, master's level for students of motor transport specialties and directions. The above questions will be useful for use by road transport specialists in practical activities.
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The given introductory fragment of the book Regulatory support transport activities (Collective of authors, 2013) provided by our book partner - the company Liters.
2Licensing, insurance and taxation in road transport
2.1 Licensing transport activities
The main documents regulating relations in the licensing of transport activities are: Federal Law of 04.05.2011 N 99-FZ (as amended on 28.07.2012) "On licensing certain types of activities" and Decree of the Government of the Russian Federation of April 2, 2012 N 280 "On approval of the Regulation on licensing the carriage of passengers by road, equipped for the carriage of more than 8 people (except for the case when the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur). "
2.1.1 Federal Law of 04.05.2011 N 99-FZ (as amended on 28.07.2012) "On licensing of certain types of activities."
Article 1. Scope of this Federal Law.
1. This Federal Law governs the relationship arising between federal authorities executive authorities, executive authorities of the constituent entities of the Russian Federation, legal entities and individual entrepreneurs in connection with the implementation of licensing of certain types of activities.
2. The provisions of this Federal Law shall not apply to relations related to the implementation of licensing:
1) the use of atomic energy;
2) production and circulation of ethyl alcohol, alcoholic and alcohol-containing products;
3) activities related to protection state secrets;
4) the activities of credit institutions;
5) activities for conducting organized auctions; (Clause 5 as amended by Federal Law of 21.11.2011 N 327-FZ);
6) types of professional activities in the market valuable papers;
7) activities of joint-stock investment funds, management activities of joint-stock investment funds, unit investment funds, non-state pension funds;
8) the activities of specialized depositories of investment funds, mutual investment funds and non-state pension funds;
9) activities of non-state pension funds for pension provision and pension insurance;
10) clearing activities;
11) insurance activities.
Article 2. Goals, objectives of licensing certain types of activities and criteria for determining licensed types of activities.
1. Licensing of certain types of activities is carried out in order to prevent damage to the rights, legitimate interests, life or health of citizens, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, the defense and security of the state, the possibility of which is associated with the implementation of legal entities and individual entrepreneurs of certain types of activities. Licensing of certain types of activities for other purposes is not allowed.
2. The tasks of licensing certain types of activities are the prevention, detection and suppression of violations by a legal entity, its head and other officials, an individual entrepreneur, his authorized representatives (hereinafter - a legal entity, an individual entrepreneur) of the requirements that are established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them. Compliance of the license applicant with these requirements is a prerequisite for granting a license, their observance by the licensee is mandatory when carrying out the licensed type of activity.
3. Licensed types of activity include types of activities, the implementation of which may entail the application of the specified in part 1 of this article damage and regulation of which cannot be carried out by other methods except licensing.
Article 3. Basic concepts used in this Federal Law.
For the purposes of this Federal Law, the following basic concepts are used:
1) licensing - the activities of licensing authorities to grant, reissue licenses, extend the validity of licenses if the limitation of the validity of licenses is provided for by federal laws, exercise license control, suspension, renewal, termination and cancellation of licenses, formation and maintenance of a register of licenses, formation state information resource, as well as on the provision of established order information on licensing issues;
2) license - a special permit for a legal entity or individual entrepreneur to carry out a specific type of activity (performance of work, provision of services that constitute a licensed type of activity), which is confirmed by a document issued by the licensing authority on paper or in the form of an electronic document signed electronic signature, if the application for granting a license indicated the need to issue such a document in the form of an electronic document;
3) licensed type of activity - a type of activity for the implementation of which on the territory of the Russian Federation it is required to obtain a license in accordance with this Federal Law, in accordance with the federal laws specified in Part 3 of Article 1 of this Federal Law and regulating relations in the relevant areas of activity;
4) licensing bodies - authorized federal executive bodies and (or) their territorial bodies, and in the case of transferring the exercise of the powers of the Russian Federation in the field of licensing to bodies state power constituent entities of the Russian Federation executive authorities of constituent entities of the Russian Federation carrying out licensing; (Clause 4 as amended by Federal Law dated 19.10.2011 N 283-FZ);
5) license applicant - a legal entity or individual entrepreneur who applied to the licensing authority with an application for a license;
6) licensee - a legal entity or individual entrepreneur holding a license;
7) licensing requirements - a set of requirements that are established by the provisions on licensing of specific types of activities, based on the relevant requirements of the legislation of the Russian Federation and aimed at ensuring the achievement of licensing goals;
8) the place of implementation of a separate type of activity subject to licensing (hereinafter - the place of implementation of the licensed type of activity) - an object (premises, building, structure, other object), which is intended for the implementation of the licensed type of activity and (or) is used in its implementation, corresponds license requirements, belongs to the license applicant or licensee on the basis of ownership or other legal basis, has a postal address or other data that allows identifying the object. The location of the licensed type of activity may coincide with the location of the license applicant or licensee.
Article 4. Basic principles of licensing.
The main principles of licensing are:
1) ensuring the unity of the economic space on the territory of the Russian Federation;
2) the establishment of licensed types of activities by federal law;
3) establishment by federal laws uniform order licensing of certain types of activities on the territory of the Russian Federation;
4) the establishment of comprehensive lists of licensing requirements in relation to licensed types of activities by provisions on licensing specific types of activities;
5) openness and availability of information on licensing, with the exception of information, the dissemination of which is prohibited or restricted in accordance with the legislation of the Russian Federation;
6) inadmissibility of collecting fees from license applicants and licensees for licensing, except for the payment of state fees in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees;
7) compliance with the law in the implementation of licensing.
Article 9. Validity of the License.
1. A license is granted for each type of activity specified in Part 1 of Article 12 of this Federal Law.
2. A legal entity or an individual entrepreneur who has received a license shall have the right to carry out the activities for which the license has been granted throughout the territory of the Russian Federation from the day following the day the decision to grant the license is made.
3. The day of making a decision on granting a license is the day of simultaneously making an entry on granting a license to the register of licenses, assigning a license to a registration number and registering an order (instruction) of the head, deputy head of the licensing authority on granting a license.
4. The license is valid indefinitely.
5. Activities for which a license has been granted by the licensing authority of a constituent entity of the Russian Federation may be carried out in the territories of other constituent entities of the Russian Federation, provided that the licensee notifies the licensing authorities of the relevant constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation.
Article 12. List of types of activities for which licenses are required.
1. In accordance with this Federal Law, the following types of activities are subject to licensing:
1) development, production, distribution of encryption (cryptographic) means, information systems and telecommunication systems, protected using encryption (cryptographic) means, performance of work, provision of services in the field of information encryption, maintenance of encryption (cryptographic) means, information systems and telecommunications systems protected using encryption (cryptographic) means (unless the maintenance of encryption (cryptographic) means, information systems and telecommunication systems, protected using encryption (cryptographic) means, is carried out to meet the own needs of a legal entity or individual entrepreneur) ;
2) development, production, sale and purchase for the purpose of selling special technical means intended to secretly obtain information;
3) activities to identify electronic devices intended for the secret receipt of information (except for the case if the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur);
4) development and production of protective equipment confidential information;
5) activities for the technical protection of confidential information;
6) production and sale of printed products protected from counterfeiting;
7) development, production, testing and repair of aviation equipment;
8) development, production, testing, installation, installation, maintenance, repair, disposal and sale of weapons and military equipment;
9) development, production, testing, storage, repair and disposal of civil and service weapons and main parts of firearms, trade in civil and service weapons and main parts of firearms;
10) development, production, testing, storage, sale and disposal of ammunition (including cartridges for civilian and service weapons and components of cartridges), pyrotechnic products of IV and V classes in accordance with the national standard, the use of pyrotechnic products of IV and V classes in compliance with technical regulations; (as amended by the Federal Law of 28.07.2012 N 133-FZ);
11) activities for the storage and destruction of chemical weapons;
12) operation of explosive and fire hazardous production facilities;
13) operation of chemically hazardous production facilities;
14) activities to extinguish fires in settlements, on production facilities and infrastructure facilities for extinguishing forest fires(with the exception of the activities of the voluntary fire brigade); (as amended by Federal Law of June 25, 2012 N 93-FZ);
15) activities for the installation, maintenance and repair of fire safety equipment for buildings and structures;
16) production medicines;
Production licensing and Maintenance medical equipment is terminated from the date of entry into force technical regulations establishing mandatory requirements to medical equipment and the processes of its production, installation, maintenance (Article 22 of this document).
17) production and maintenance (except for the case if maintenance is carried out to meet the own needs of a legal entity or individual entrepreneur) of medical equipment;
18) circulation of narcotic drugs, psychotropic substances and their precursors, cultivation of narcotic plants;
19) activities in the field of using causative agents of infectious diseases of humans and animals (except for the case if the specified activity is carried out in medical purposes) and genetically engineered organisms of III and IV degrees of potential danger, carried out in closed systems;
20) activities for the carriage of passengers by inland water transport, sea transport;
Licensing of activities for the transport of dangerous goods by sea is terminated from the date of entry into force of the federal law providing for the replacement of licensing of certain types of activities with compulsory civil liability insurance (Article 22 of this document).
21) activities for the transport of dangerous goods by inland water transport, sea transport;
22) activities for the carriage of passengers by air (except for the case if the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur);
23) activities for the carriage of goods by air (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur);
24) activities for the carriage of passengers by road vehicles equipped for the carriage of more than eight people (unless the specified activity is carried out on orders or to meet the own needs of a legal entity or an individual entrepreneur);
25) activities for the carriage of passengers by rail;
26) activities related to the carriage of dangerous goods by rail;
27) loading and unloading activities in relation to dangerous goods in railway transport;
Licensing of loading and unloading activities in relation to dangerous goods in seaports is terminated from the date of entry into force of the federal law providing for the replacement of licensing of certain types of activities with compulsory civil liability insurance (Article 22 of this document).
28) loading and unloading activities in relation to dangerous goods in inland water transport, in seaports;
Licensing of activities for the implementation of towing by sea transport is terminated from the date of entry into force of the federal law providing for the replacement of licensing of certain types of activities with compulsory civil liability insurance (Article 22 of this document).
29) activities for the implementation of towing by sea (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur);
30) activities for the neutralization and disposal of wastes of I - IV hazard classes; (Clause 30 as amended by Federal Law of 25.06.2012 N 93-FZ);
31) activities related to the organization and conduct of gambling in bookmakers and sweepstakes;
32) private security activities;
33) private detective (detective) activity;
34) procurement, storage, processing and sale of ferrous and non-ferrous scrap;
35) provision of services for the employment of citizens of the Russian Federation outside the territory of the Russian Federation;
36) provision of communication services;
37) television broadcasting and radio broadcasting;
38) activities for the production of copies of audiovisual works, programs for electronic computing machines, databases and phonograms on any kind of media (except for cases when the specified activity is independently carried out by persons who have the rights to use these objects of copyright and related rights by virtue of federal law or agreement);
39) activities in the field of using sources ionizing radiation(generating) (unless these sources are used in medical activities);
40) educational activities (except for the specified activities carried out by non-state educational institutions located on the territory of the Skolkovo innovation center);
41) space activities;
42) geodetic and cartographic works of federal significance, the results of which are of national, cross-sectoral significance (with the exception of the specified types of activities carried out in the course of engineering surveys carried out to prepare project documentation, construction, reconstruction, overhaul of objects capital construction);
43) production of mine surveying works;
44) work on active influence on hydrometeorological and geophysical processes and phenomena;
45) activities in the field of hydrometeorology and related areas (except for the specified activities carried out in the course of engineering surveys carried out for the preparation of project documentation, construction, reconstruction of capital construction facilities);
46) medical activity(with the exception of the specified activities carried out by medical organizations and other organizations that are part of the private health care system, on the territory of the Skolkovo innovation center);
47) pharmaceutical activities;
48) activities for the preservation of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation;
Licensing of expertise activities industrial safety terminates from the date of entry into force of the federal law providing for the establishment of accreditation and (or) self-regulation of this type of activity (Article 22 of this document).
49) activities for conducting industrial safety expertise;
50) activities related to the handling of industrial explosives.
(Clause 50 was introduced by the Federal Law of 28.07.2012 N 133-FZ).
2. Regulations on the licensing of specific types of activities establish comprehensive lists of work performed, services rendered, constituting the licensed type of activity.
3. The introduction of licensing of other types of activity is possible only by amending the list of types of activity for which licenses are required, provided for by this Federal Law.
2.1.2 Decree of the Government of the Russian Federation of April 2, 2012 N 280 "On approval of the Regulation on licensing the carriage of passengers by road transport equipped for the carriage of more than 8 people (except for the case when the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur) ".
1. This Regulation determines the procedure for licensing activities for the carriage of passengers by road vehicles equipped for the carriage of more than 8 people (unless the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur) (hereinafter - activities for the carriage of passengers).
2. Licensing of passenger transportation activities is carried out by the Federal Service for Supervision of Transport and its territorial bodies(hereinafter referred to as the licensing authority).
3. The following works are included in the passenger transportation activities: a) regular transportation of passengers in urban and suburban traffic; b) regular intercity passenger transportation.
4. Licensing requirements for carrying out activities for the carriage of passengers are:
a) the license applicant (licensee) has premises and equipment for the maintenance and repair of vehicles that belong to him by right of ownership or other legal basis and meet the established requirements, or has an agreement with specialized organization for the provision of services for the maintenance and repair of vehicles;
b) the license applicant (licensee) has drivers of vehicles who have entered into an employment contract or an agreement on the provision of services and have the necessary qualifications and work experience, as well as passed a medical examination in accordance with the established procedure;
c) the license applicant (licensee) has a specialist who performs a pre-trip medical examination of vehicle drivers, has a higher or secondary professional medical education and has completed training in the additional educational program "Carrying out a pre-trip examination of vehicle drivers", or an agreement with a medical organization or an individual an entrepreneur holding an appropriate license;
d) the applicant for a license (licensee) on the right of ownership or on another legal basis, necessary for the performance of the work provided for in paragraph 3 of this Regulation, vehicles that are appropriate in purpose and design technical requirements to carried out transportation of passengers and admitted in accordance with the established procedure to participate in road traffic;
f) the use by the licensee of vehicles equipped in accordance with the established procedure with technical means of monitoring the driver's observance of the traffic, work and rest regimes;
g) use by the licensee of vehicles equipped in accordance with the established procedure with satellite navigation equipment GLONASS or GLONASS / GPS;
h) compliance by the licensee with the requirements established by Article 20 of the Federal Law "On Road Safety";
i) compliance by the licensee with the requirements for the carrier in accordance with the Federal Law "Charter of road transport and urban land electric transport", including the Rules for the carriage of passengers and baggage by road and urban land electric transport.
5. Carrying out activities for the carriage of passengers by road in gross violation of license requirements entails liability established by the legislation of the Russian Federation.
In this case, a gross violation is understood as the licensee's failure to comply with the requirements provided for in subparagraphs "a", "d" - "and" paragraph 4 of this Regulation, which occurred repeatedly during the year or entailed the consequences provided for by part 11 of Article 19 of the Federal Law "On Licensing certain types of activity ".
6. To obtain a license, the license applicant sends or submits to the licensing authority the application and documents specified in Article 13 of the Federal Law "On Licensing Certain Types of Activities", as well as the following copies of documents certifying the compliance of the license applicant with licensing requirements:
a) copies of documents confirming the availability of vehicles intended for use for the carriage of passengers, their state registration, including copies of vehicle passports, coupons for passing technical inspection of vehicles, on the basis of ownership or other legal basis;
b) copies of documents confirming that the applicant has a license belonging to him by right of ownership or other legal basis and corresponding to the established requirements of the premises, the rights to which are not registered in the Unified state register rights to real estate and transactions with it (if such rights are registered in the specified register - information about these premises), as well as equipment for the maintenance and repair of vehicles, or a copy of an agreement with a specialized organization for the provision of services for the maintenance and repair of vehicles funds;
c) a copy of a diploma of higher or secondary vocational medical education a specialist who carries out a pre-trip medical examination, and certificates of his completion of training under the additional educational program "Carrying out pre-trip examination of vehicle drivers" or a copy of an agreement with a medical organization or an individual entrepreneur holding an appropriate license to conduct pre-trip medical examinations;
d) copies of documents confirming the qualifications and work experience of drivers of vehicles of the license applicant and their passing a medical examination.
7. If the licensee intends to perform new work that constitutes the licensed type of activity, the application for renewal of the license shall indicate information about the types of work that the licensee intends to perform, as well as information about the documents specified in subparagraphs "a" and "d" of paragraph 6 of these Regulations ...
8. When checking the information contained in the application submitted by the license applicant (licensee) and the documents attached to it, compliance by the license applicant (licensee) with the license requirements, the licensing authority requests the information necessary for the provision of public services in the field of licensing information at the disposal of the bodies providing government services, bodies providing municipal services, other state bodies, bodies local government or subordinate government bodies or bodies of local self-government organizations, in the manner prescribed by the Federal Law "On the organization of the provision of state and municipal services."
9. Submission by the license applicant of the application and the documents attached thereto, their acceptance by the licensing authority, the decision to grant a license (to refuse to grant a license), to renew the license (to refuse to renew the license), to suspend, renew, terminate and revoke the license, as well as the provision of a duplicate and copy of the license, the formation and maintenance of the licensing case, the maintenance of the register of licenses and the provision of information contained in the register of licenses are carried out in the manner established by the Federal Law "On licensing of certain types of activities".
10. Information on the decision by the licensing body to grant or reissue a license, the results of the verification of the compliance of the license applicant (licensee) with the licensing requirements provided for in paragraph 4 of this Regulation shall be posted in the federal state information system"A single portal of state and municipal services (functions)" in the manner established by the Government of the Russian Federation.
11. Information related to the implementation of licensed activities provided for in parts 1 and 2 of Article 21 of the Federal Law "On Licensing Certain Types of Activities" shall be posted in the official electronic or print media of the licensing body and (or) on information stands in the premises of the licensing body in within 10 days from the day:
b) the licensing authority makes a decision to grant, re-issue a license, suspend, renew and terminate its validity;
c) receipt from the Federal Tax Service of information on the liquidation of a legal entity or the termination of its activities as a result of reorganization, the termination of an individual's activity as an individual entrepreneur;
d) the entry into force of a court decision to revoke the license.
12. Licensing control is carried out in the manner prescribed by the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs when Exercising state control(supervision) and municipal control ", taking into account the specifics of organizing and conducting inspections established by the Federal Law" On Licensing Certain Types of Activities ".
13. For the provision or re-issuance of a license by the licensing authority, the issuance of a duplicate of a license on paper is paid National tax in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees.
2.2 Insurance and vehicle taxation
2.2.1 Insurance of vehicles, passengers and luggage.
Insurance legislation is based on the Civil Code of the Russian Federation and the Federal Law “On Insurance”. Various regulatory legal acts of transport legislation also contain legal regulations regulating transport insurance.
The Civil Code in Ch. 48 "Insurance" has established the general rules applied in insurance activities. The Federal Law "On Insurance" regulates relations in the field of insurance between insurance organizations and citizens, enterprises, institutions, organizations, relations between insurance organizations, and also establishes the basic principles of state regulation of insurance activities.
Insurance is considered as a relationship to protect the property interests of individuals and legal entities that arise upon the occurrence of certain events (insured events) at the expense of funds formed from the insurance premiums paid by them (insurance premiums). The Civil Code provides for the possibility of concluding contracts of personal and property insurance, and the contract of personal insurance is a public contract (Art. 927).
The objects of insurance may be property interests that do not contradict the legislation of the Russian Federation, related to:
- with life, health, working capacity and pension provision of the policyholder or the insured person - personal insurance;
- with ownership, use, disposal of property - property insurance;
- with reimbursement by the insured of the harm caused to him or her to the person or property of an individual, as well as harm caused to a legal entity - civil liability insurance.
Policyholders have the right to conclude contracts with insurers on insurance of third parties in favor of the latter (insured persons).
Legal entities of any organizational and legal form are recognized as insurers, provided by law Of the Russian Federation, created to carry out insurance activities (insurance organizations and mutual insurance companies) and received, in the manner prescribed by law, a license to carry out insurance activities in the territory of the Russian Federation. Legal entities and individuals for insurance protection of their property interests can create mutual insurance companies. The insured risk is the anticipated event, in the event of which the insurance is carried out. An event considered as an insurance risk must have signs of the likelihood and randomness of its occurrence. An insured event is an event that has occurred, provided for by an insurance contract or by law, with the onset of which the insurer becomes obliged to make insurance payment to the policyholder, insured person or other third party.
The sum insured is the amount of money determined by the insurance contract or the statutory amount, on the basis of which the amount of the insurance premium and the insurance payment is established, unless otherwise provided by the insurance contract or legislation. The insurance indemnity cannot exceed the amount of direct damage to the insured property of the policyholder or a third party in the event of an insured event, if the insurance contract does not provide for the payment of insurance indemnity in a certain amount. The insurance premium is the insurance fee that the policyholder is obliged to pay to the insurer in accordance with the insurance contract or the law. The insurance rate is the rate of insurance premium per unit of the insured amount or the object of insurance.
An insurance contract is an agreement between the policyholder and the insurer, by virtue of which the insurer undertakes in the event of an insured event to make payments to the policyholder or another person in whose favor the insurance contract has been concluded, and the policyholder undertakes to pay insurance premiums within the established time frame. The insurance contract may contain other conditions determined by agreement of the parties, must meet the general conditions for the validity of the transaction provided for civil law... The fact of the conclusion of the insurance contract is certified by the insurance certificate (policy, certificate) transferred by the insurer to the policyholder with an attachment to the insurance rules. Insurance certificate must contain information about the insurer and the policyholder, the object of insurance, the amount and procedure for making the insurance premium, the duration and procedure for terminating the contract and other terms of the contract.
The insurer is obliged to familiarize the policyholder with the insurance rules, to make an insurance payment upon occurrence insured event within the period established by the contract or law.
The policyholder is obliged to pay insurance premiums in a timely manner, inform the insurer about all changes in circumstances that are important for assessing the insurance risk, about the occurrence of an insured event within the time frame established by the insurance contract.
State supervision insurance activities are carried out by the Department of Insurance Supervision of the Ministry of Finance of Russia, acting on the basis of a regulation approved by the Government of the Russian Federation. Insurance activities are subject to compulsory licensing.
The rules of voluntary insurance, which determine the general conditions and the procedure for its implementation, are established by the insurer independently in accordance with the provisions of the Federal Law "On Insurance". The specific insurance conditions are determined when concluding the insurance contract.
In relation to the obligation to conclude a contract, insurance is divided into compulsory and voluntary. Compulsory insurance is established by law. A type of compulsory insurance is state insurance, in which the state acts as an insurer in the person of special funds (for example, the Compulsory Health Insurance Fund). Voluntary insurance is presented, basically, in two forms: as insurance in an insurance company - a special organization whose activities are based on share capital, or as mutual insurance based on an agreement of carriers united in a mutual insurance company on mutual compensation for each other for possible future losses, arising from the occurrence of an insured event.
Transport risk insurance includes:
- insurance of passengers and crew members against accidents in transport;
- cargo insurance during transportation (in various options, for example, with liability for a private accident, with liability only in connection with a transport accident, with full liability);
- vehicle insurance;
- freight insurance;
- third party liability insurance;
- full insurance, which includes reimbursement of the insured for losses caused by harm to life and health of people, loss or damage to a vehicle, damage or loss of property of a third party.
The carrier's civil liability insurance provides for the payment of monetary compensation to the injured persons in the amount recovered in the civil claim in connection with the harm caused to these persons or their property (but not more than the full amount of the insurance contract). The subject of civil liability to a third party is the owner of the vehicle, and the insured is the person operating the vehicle.
By the Decree of the President of the Russian Federation "On compulsory personal insurance of passengers" dated 06.04.94 (as amended on 22.07.98), in order to protect the interests of citizens on the territory of Russia, compulsory personal accident insurance was introduced for passengers of air, railway, sea, inland waterways and automobile transport, as well as tourists and excursionists making long-distance excursions on the line of tourist and excursion organizations during the trip (flight). However, the compulsory insurance introduced by this decree does not apply to passengers: all types of international transport; suburban road transport; road transport on urban routes.
The decree established that before the entry into force of the law governing the provision of insurance protection for passengers, tourists and excursionists, compulsory personal insurance these persons carried out by concluding contracts between carriers and insurers. Insurers are obliged to ensure that the rules of the insurance contract are communicated to each insured person. Insurance rates are set by insurers in agreement with the Ministry of Transport of Russia and approved by the federal executive body for supervision of insurance activities. The amount of the insurance premium is included in the cost of the travel document (for tourists - vouchers). Passengers entitled to free travel are subject to compulsory personal insurance without paying an insurance premium. The sum insured under the contract of compulsory personal insurance of passengers, tourists and excursionists is set at 120 times the minimum wage established by law as of the date of purchase of the travel document. In case of injury as a result of a transport accident, a passenger is paid a part of the insurance amount corresponding to the severity of the injury. In the event of the death of the insured person, the sum insured is paid to his heirs in full. Insurance indemnity for compulsory personal insurance of passengers is made to the insured person or his heirs no later than 10 days after the insurer receives a statement of an accident that occurred in transport with the insured person, drawn up by the carrier, and others required documents stipulated by the rules for this type of compulsory insurance.
The Civil Code provides for the rules governing the insurance of vehicles when renting them:
- in cases of renting a vehicle with a crew - the obligation of the lessor in cases where such insurance is mandatory by virtue of the law or contract, unless otherwise provided by the lease contract, to insure the vehicle and (or) liability for damage that may be caused by it or in connection with its operation (Article 636 of the Civil Code);
- in cases of renting a vehicle without a crew - the lessee is obliged to bear the costs of insurance of the vehicle, including insurance of his liability, unless otherwise provided by the lease agreement (Article 646 of the Civil Code).
When leasing a vehicle, in accordance with Art. 669 of the Civil Code, the risk of accidental loss or damage to the leased asset passes to the lessee at the time of transfer of the vehicle to him, unless otherwise provided by the lease agreement.
Insurance of vehicles of citizens is carried out in case of destruction, death, damage to the vehicle in case of natural disasters, accidents, accidents and from theft (theft). Subjects are accepted for insurance. state registration vehicles, water transport. Citizens' vehicles are most often insured in combination, for example, under the “autocombi” scheme, when the driver, car and luggage are insured.
In European countries, compulsory civil liability insurance of motor vehicle owners under the so-called Green Card has become widespread. This name arose in connection with the color of the insurance policy, made in the form of a card. The legal basis for such insurance is the system of international agreements on the Green Card, the first of which was concluded by 13 states in 1949. Under the agreement on the Green Card, the participating countries recognize the validity of the relevant insurance policies on their territory in any authorized organization, including foreign. Control over insurance activities under the Green Card system is carried out by the national bureaus of the participating countries, united in the International Bureau of the Green Card (London, Great Britain). In countries participating in the Green Card agreements, the operation of vehicles without such a card is not allowed and is punishable by law.
A green card can be purchased in any country that is a party to the agreement, as well as at border crossings when entering these countries. Green cards are provided for various periods of validity, from one year to one trip. In Russia, a Green Card can be purchased from various insurance companies upon presentation of documents for the vehicle and the right to drive it.
In order to protect the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons, the Russian Federation adopted the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners”. The law determines that the legislation of the Russian Federation on compulsory civil liability insurance of vehicle owners consists of Civil Code Of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them. If international treaty The Russian Federation has established rules other than those provided for by this Federal Law; the rules of an international treaty are applied.
The main principles of compulsory insurance are:
- a guarantee of compensation for harm caused to the life, health or property of the victims, within the limits established by this Federal Law;
- universality and compulsory insurance of civil liability by vehicle owners;
- the inadmissibility of the use of vehicles on the territory of the Russian Federation, the owners of which have not fulfilled the obligation established by this Federal Law to insure their civil liability;
- the economic interest of vehicle owners in improving road safety.
Obligations of vehicle owners for civil liability insurance:
- vehicle owners are obliged to insure the risk of their civil liability, which may occur as a result of harm to the life, health or property of other persons when using vehicles;
- if the right to own a vehicle arises, the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than five days after the emergence of the right to own it.
The liability for civil liability insurance does not apply to owners:
- vehicles with a maximum design speed of no more than 20 kilometers per hour;
- vehicles that, according to their technical characteristics, are not subject to the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in road traffic on the territory of the Russian Federation;
- vehicles of the Armed Forces of the Russian Federation, with the exception of buses, cars and trailers to them, other vehicles used to provide economic activity The Armed Forces of the Russian Federation;
- vehicles registered in foreign countries, if the civil liability of the owners of such vehicles is insured within the framework of international insurance systems for civil liability of vehicle owners, a member of which is a professional association of insurers acting in accordance with this Federal Law (hereinafter - international insurance systems);
- trailers belonging to citizens passenger cars;
- on the owner of the vehicle, the risk of liability of which is insured by another person (the policyholder).
Persons who have violated the established requirements for compulsory civil liability insurance of vehicle owners are liable in accordance with the legislation of the Russian Federation.
Compulsory insurance rules include the following provisions:
- the procedure for concluding, changing, extending, early termination of the compulsory insurance contract;
- the procedure for paying the insurance premium;
- a list of actions of persons in the implementation of compulsory insurance, including in the event of an insured event;
- the procedure for determining the amount of losses subject to compensation and making insurance payments;
- the procedure for resolving disputes on compulsory insurance.
The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from harm to the life, health or property of the victims when using the vehicle on the territory of the Russian Federation.
The term of the compulsory insurance contract is one year.
The sum insured is:
- in terms of compensation for harm caused to the life or health of each victim, no more than 160 thousand rubles;
- in terms of compensation for damage caused to the property of several victims, no more than 160 thousand rubles;
- in terms of compensation for damage caused to the property of one victim, no more than 120 thousand rubles.
In the event that the policyholder is a participant in a road traffic accident, he is obliged to inform other participants of the specified accident, upon their request, information about the compulsory insurance contract under which the civil liability of the owners of this vehicle is insured, and also inform the insurer within the period established by the compulsory insurance contract and determined by this contract way.
If the victim intends to exercise his right to insurance payment, he is obliged to notify the insurer as soon as possible about the occurrence of the insured event. To resolve the issue of making an insurance payment, the insurer accepts documents on the road traffic accident, drawn up by authorized police officers.
Without the participation of authorized police officers, the preparation of documents on a road traffic accident can be carried out in the event of the presence of the following circumstances at the same time:
- as a result of a road traffic accident, damage was caused only to property;
- a road traffic accident occurred with the participation of two vehicles, the civil liability of the owners of which is insured;
- the circumstances of causing harm in connection with damage to property as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreements among the participants in the road traffic accident and are recorded in the traffic accident notifications, the forms of which are filled in by the drivers of the vehicles involved in the road traffic accident funds in accordance with the rules of compulsory insurance. In the case of drawing up documents on a road traffic accident without the participation of authorized police officers, the completed traffic accident notification forms together with the victim's claim for insurance payment are sent to the insurer to determine the amount of losses to be reimbursed.
The insurer has the right to appoint an independent examination of the vehicles involved in the road traffic accident.
In the case of drawing up documents on a road traffic accident without the participation of authorized police officers, the amount of insurance payment due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles. The amount of the insurance payment due to the victim as compensation for harm caused to his health is calculated by the insurer in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation.
The amount of insurance payment for causing harm to the life of the victim is:
- 135 thousand rubles - to persons entitled to compensation for harm in the event of the death of the victim (breadwinner);
- no more than 25 thousand rubles for reimbursement of burial expenses - to persons who incurred these expenses.
The victim is obliged to provide the insurer with all documents and evidence, as well as provide all known information confirming the amount and nature of harm caused to the life or health of the victim.
In the event of damage to property, the victim, intending to exercise his right to insurance payment, is obliged to submit the damaged property for inspection or to the organization of an independent examination in order to clarify the circumstances of the damage and determine the amount of losses subject to compensation.
The amount of losses subject to compensation in the event of damage to the property of the victim is determined:
- in the event of complete destruction of the victim's property - in the amount of the actual value of the property on the day of the insured event. Total loss is understood as cases when the repair of the damaged property is impossible, or the cost of repairing the damaged property is equal to its value or exceeds its value as of the date of the insured event;
- in case of damage to the victim's property - in the amount of expenses necessary to bring the property to the state in which it was before the occurrence of the insured event.
The costs also include the cost of materials and spare parts required for refurbishment, the cost of paying for the work associated with such repairs. The amount of expenses for materials and spare parts is determined taking into account the wear and tear of components to be replaced during refurbishment. At the same time, depreciation of more than 80% of their value cannot be charged on the specified components.
The insurer is obliged to inspect the damaged property or organize its independent examination within a period of not more than five working days from the date of the relevant appeal of the victim, unless another period is agreed by the insurer with the victim. The insurer has the right to refuse the injured party the insurance claim or part of it if the repair of damaged property or disposal of its remnants, carried out before the inspection or independent expertise damaged property in accordance with the requirements of this article does not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation under the compulsory insurance contract.
In order to clarify the circumstances of the insured event, establish damage to the vehicle and their causes, technology, methods and cost of its repair, an independent technical examination of the vehicle is carried out. The law also defines the sums insured, base rates and coefficients of insurance rates, the procedure for obtaining compensation payments... The bodies that control the fulfillment of the insurance obligation by the owners of vehicles have been determined.
2.3 System and practice of taxation of transport operations
Transport tax is established by the Code and the laws of the constituent entities of the Russian Federation on tax. Introducing the tax, legislatures of the constituent entity of the Russian Federation determine the tax rate, the procedure and the timing of its payment. When establishing a tax, it may also be provided tax incentives and the grounds for their use by the taxpayer. The taxpayers of the tax are recognized the persons on which the vehicles are registered, which are recognized as the object of taxation.
The object of taxation is cars, motorcycles, motor scooters, buses and others. self-propelled machines and mechanisms on pneumatic and caterpillar tracks, airplanes, helicopters, motor ships, yachts, sailing ships, boats, snowmobiles, snowmobiles, motor boats, jet skis, non-self-propelled (towed ships) and other water and air vehicles registered in accordance with the established procedure in accordance with the legislation of the Russian Federation.
Are not subject to taxation:
- rowboats, as well as motor boats with an engine of no more than 5 horsepower;
- passenger cars specially equipped for use by disabled people, as well as passenger cars with engine power up to 100 horsepower (up to 73.55 kW), obtained through the organs social protection population in the manner prescribed by law;
- fishing sea and river vessels;
- passenger and cargo sea, river and aircraft owned by organizations and individual entrepreneurs, the main activity of which is the implementation of passenger or cargo transportation;
- tractors, self-propelled harvesters of all brands, special vehicles (milk tankers, livestock trucks, special vehicles for transporting poultry, vehicles for transporting and applying mineral fertilizers, veterinary care, maintenance) registered with agricultural producers and used in agricultural work for the production of agricultural products;
- vehicles belonging to the federal executive authorities on the basis of the right of operational control, where military or equivalent service is provided by law;
- vehicles that are on the wanted list, subject to confirmation of the fact of their theft (theft) by a document issued by the authorized body;
- air ambulance planes and helicopters and medical service;
- ships registered in the Russian International Register of Ships.
The tax period is a calendar year.
Tax rates are established by the laws of the constituent entities of the Russian Federation (Table 1.1) depending on engine power, jet engine thrust or gross tonnage of a vehicle per horsepower, engine power of a vehicle, one kilogram of jet engine thrust, one register ton of a vehicle, or one vehicle unit in the following dimensions.
Table 1.1 - Tax rates
The tax rates indicated in Table 1 can be increased (decreased) by the laws of the constituent entities of the Russian Federation, but not more than tenfold.
It is allowed to establish differentiated tax rates in relation to each category of vehicles, as well as taking into account the number of years that have passed since the year of production of vehicles, and their ecological class... The number of years that have passed since the year of manufacture of the vehicle is determined as of January 1 of the current year in calendar years from the year following the year of manufacture of the vehicle.
Tax payment is made by taxpayers to the budget at the location of vehicles in the prescribed manner and terms. For the Orenburg region, payment of tax for taxpayers who are individuals, is made no later than November 15 of the year following the expired tax period. Individual taxpayers pay transport tax on the basis of a tax notice issued by the tax authority.
Table of contents
- Introduction 3
Tasks of transport regulation 4
Licensing as a method of regulating the transport market
- services 5
- Formation of the system of state regulation
- transport activity in the Russian Federation 7
- Conclusion 14
References 15
Introduction
Transport is one of the key industries in any state. The volume of transport services largely depends on the state of the country's economy. Transport stimulates an increase in the level of economic activity. It allows you to expand the scale of production, link production and consumers.
Automobile occupies a special place among various types of transport. It is more mobile and less dependent on external factors.
In most countries, including Russia, road transport occupies a leading place in terms of freight and passenger traffic.
The development of market relations in Russia led to the destruction of the previously existing sectoral system of road transport management. In this regard, the number of road accidents and their severity have sharply increased, the volume of traffic and the production of rolling stock have decreased, etc. To a large extent, this was due to the fact that an equivalent system of state management and regulation of transport activities, adapted to the prevailing conditions, was not created to replace the existing system of sectoral management of road transport. Enterprises and organizations of transport were left face to face with the market element.
In the process of privatization and demonopolization of transport production, a large number of private carriers and small ATPs were formed, which were headed by managers who were not trained for these purposes.
However, experience foreign countries shows that market relations in the economy in no way exclude, but, on the contrary, presuppose the creation of a developed and effective system of multilateral state regulation of transport activities.
One of the first measures taken by the Ministry of Transport of the Russian Federation to form a system for regulating transport activities in the context of the transition to the market was the creation of the Russian Transport Inspectorate (RTI). The RTI authorities were entrusted with the responsibility to license transport activities and services, monitor compliance with legislative acts and requirements imposed by issued licenses, as well as perform a number of other functions related to ensuring the normal functioning of the transport services market.
The formation of RTI bodies and their functioning had a positive effect, which consisted, in particular, in reducing the number of road accidents.
Regulation of the transport services market involves a combination of economic and administrative methods of influencing the operation of transport, the implementation of regulation both in the long term and in the mode of operational influences.
- TASKS OF REGULATION OF TRANSPORTATION ACTIVITIES
There are many reasons why a society should exercise control over transport.
1. Basic transport operations need to be regulated in the interest of public safety (road and environmental).
2. In many cases, transport is a natural monopoly, which is a deterrent to its development.
3. Most often, transport is highly competitive. This leads to a decrease in the wages of workers in the industry.
4. Social costs of transport are very high, in this regard, they must be taken into account and redistributed. Road transport cannot exist without elements such as highways, parking lots, etc. This leads to additional funding.
5. Transport often requires international interaction, which predetermines the need for government agreements.
6. Transport, together with the system of material and technical supply and communications, is part of the infrastructure of the national economy and at the same time stimulates its development.
7. Transport, due to the high coefficient of transportability of manufactured goods, is an industry that progressively stimulates inflationary processes. In this regard, in an unstable economic environment, it is necessary to control the level of tariffs.
8. Transport is the central link in the elimination of emergencies and plays an important role in ensuring the country's defense capability.
Methods of regulation of transport activities can be broadly subdivided into: regulatory; economic; complex.
Regulatory and legal methods in terms of their impact, their focus can be subdivided into those determining safety and regulating the market of transport services.
Among the normative legal acts regulating the safety of road transport, one can note the rules of the road, the charter of road transport, the rules for the transport of dangerous goods, standards for environmental safety, etc.
The methods of regulation of the transport services market include: licensing; quotas and permits (for example, for international traffic); restrictions (the number of companies, the size of the fleet, etc.).
Among the economic methods can be distinguished complex and private. Complex methods involve a change in the system of industrial relations, and in particular property relations. This is the nationalization of transport companies or their privatization. Private methods of economic regulation of transport activities are carried out with an unchanged system of industrial relations. These are: taxes, tariffs, penalties, payment for additional operations, loans, subsidies, etc.
Synthetic methods of regulation of road transport activities are a synthesis of regulatory and economic measures that are difficult to separate and isolate. For example, in Finland, when licensing the transport of tourists by buses, the trucking companies are obliged to work a certain time on city routes.
- LICENSING AS A METHOD FOR REGULATING THE MARKET OF TRANSPORTATION SERVICES
The fundamental purpose of licensing combines two essentially different objectives:
1. Regulation of the transport services market.
2. Ensuring the safety of transport activities. Thus, in the 1984 regulation on freight transport (Great Britain) "Conditions for issuing and paying for operating licenses" it is noted that licensing of operating organizations and persons is a means of regulating (streamlining) the commercial operation of freight vehicles. It is a quality control system that provides the following guarantees: the vehicles are legally operated, they are kept in good condition, and the vehicles operated are based in locations where they cause the least inconvenience and disturbance to the surrounding area.
The duality of the tasks of licensing and their nature predetermine the heterogeneous nature of the objects (subjects) of licensing.
A certain type of activity is subject to licensing. The road transport activity is multifaceted. It includes: road transportation; maintenance and repair of automobiles (provision of storage and refueling of automobiles with fuel, lubricants, etc.).
Ensuring the safety of road transport activities imposes certain requirements on the persons engaged in such activities, as well as on the technical means used. Thus, the object (subject) subject to licensing is somewhat eclectic in nature.
Currently, in various countries there is no single approach to determining the object of licensing by such a factor as the ownership of transportation. Thus, in a number of countries (Belgium, the USA, etc.), only transportation for a "third" party is subject to licensing, and a license is not required for transportation for one's own needs. The same can be said for Germany.
However, transportation there is subject to licensing over a distance of more than 75 km. In other countries (for example, the UK) there are no such restrictions. For example, in the UK, the licensee must be a person or organization operating any commercial vehicle, the use of which is associated with a professional or commercial activity. It does not include vehicles used for personal use (privately), but the phrase "professional or commercial activity" covers all types of commercial activities, professions, activities of associations, local authorities, legally existing businesses, entrepreneurs, farmers and in general all types of activities aimed at generating income.
A transport license is issued, as a rule, for each vehicle. However, there are certain limitations.
For example, in Belgium, a transport license is not required to carry out transportations for own needs; transportation outside public highways; transportation of vehicles. damaged or subject to repair, etc. - 16 items in total.
In the UK, non-licensed vehicles include small trucks, police vehicles, etc. - only 25 items.
Currently, practically in all countries there is a complex differentiation of licenses on various grounds.
So, in the Benelux countries there are the following types of licenses:
"R" - limited transportation (transportation within a radius of 75 km); "V" - general license for transportation within the country; "LTV" - a license for transportation in the Benelux countries; "LTS" - license for transportation in the EU countries.
For transportation outside the EU, a bilateral license will be added to the "LTS" license.
The following types of licenses are issued in the UK:
limited license. Allows you to transport goods only when you need it (at your own expense), whether within the United Kingdom or abroad;
standard international license. Grants the right to carry goods, whether on their own account, for hire or for remuneration in the United Kingdom, as well as on “own account” flights on both sides of the border.
In order to regulate certain, specific types of transportation, special licenses are sometimes introduced. For example, in Belgium, a special license is required for coastal shipping.
- FORMATION OF A SYSTEM OF STATE REGULATION OF TRANSPORTATION ACTIVITIES IN THE RUSSIAN FEDERATION
One of the first measures taken by the Ministry of Transport of the Russian Federation to form a system for regulating transport activities on the territory of the republics in the context of the transition to the market was the creation of the Russian Transport Inspectorate (RTI). Then the structure of Rostransnadzor was formed. A subdivision Gosavtodornadzor was created in it, designed to carry out state regulation of road transport. The task of Gasavtodornadzor was - licensing of transport and service enterprises included in the transport and road complex, control over the implementation of transport legislation and the requirements imposed by issued licenses, as well as the implementation of a number of other functions related to ensuring the normal functioning of the transport services market.
The main task of the State Avtodornadzor was the licensing of transport activities. But at the same time, the following functions were added:
- restriction or stimulation of the inflow of transport to certain sectors of the regional market of transport services;
determination of additional benefits and the formation of special conditions for enterprises and entrepreneurs engaged in socially significant transportation;
application of sanctions to transport companies in case of violation of licensing requirements, etc.
1. Development of rules for the admission of new enterprises to work in various market sectors. In world practice, such rules are sometimes reduced to just a simple registration. However, more often than not, there is a fundamental possibility of refusal when applying for licenses due to two main reasons.
The first reason is the existence of such sectors of the transport market, where supply already exceeds demand. Therefore, the emergence of such new competing enterprises there is impractical, and government regulators should restrict the emergence of new enterprises in this market sector. A similar situation for the domestic road transport market is still generally uncharacteristic, although certain types Highly competitive traffic already exists.
Another possible motive for refusing to issue a license to an enterprise or entrepreneur may be its non-compliance with certain requirements (solvency, reputation of the entrepreneur, his professional suitability, availability of the necessary technical base, etc.). These requirements are ultimately aimed at achieving the main goal of the regulation of transport activities: the clientele must receive sufficient and qualified transport services.
2. Direct implementation of activities for the admission of new enterprises to various sectors of the transport market or expanding the rights of existing enterprises (licensing of transport activities).
At present, the main content of the activities of the regional branches of RTI is precisely the direct licensing of car owners, and most of the practical questions that the inspectors have about the licensing technique.
3. Control over the fulfillment by transport enterprises of the requirements imposed on them by the issued license, and the application of the sanctions provided by the legislation in case of violation of these requirements. In this case, it is necessary to check, first of all, the compliance of the enterprise with the requirements that are determined by the license issued to it.
The Gosavtodornadzor bodies are also entrusted with certain control functions, and this task is extremely important and difficult. Apparently, as in most developed countries, the control activities of Gosavtodornadzor should be carried out in three main areas:
Control on the line. Basically, this is a check of the presence of a license card on the car and the compliance of the type of license with the current transportation. This method of control is impossible without the assistance of the traffic police, which is provided for by the regulation on the transport inspection;
Control at enterprises. These can be both scheduled and one-time inspections of car owner enterprises, the purpose of which is to clarify or confirm the company's compliance with the requirements imposed on it by the issued license. This control should in no way duplicate the control of financial, sanitary and other control bodies, however, it can be carried out in a complex way in interaction with these bodies;
Checking complaints from customers or competing businesses. Foreign experience shows that this channel for obtaining information about violations of the rules of transport services is the most effective.
4. Control of pricing and tariff application. This function is one of the most important. Unfortunately, the current crisis situation is characterized by a general weakening of control over financial discipline, the absence of clear instructions on the application of tariffs and the forced (due to the rise in prices for all resources) the widespread release of transport tariffs. The result is practically uncontrolled pricing in transport, and in some cases the increase in prices for transport services significantly exceeds the required value.
5. Tax regulation of transport activities. Taxes, in contrast to tariffs, the level of which is important both for the clientele and for transport companies, are a lever of "unidirectional" influence and are used to stimulate the performance of certain types of activities or, on the contrary, to "fence" those sectors of the market where the level of competition is excessive high.
6. Control and analysis of transport services in various market sectors. This task is currently extremely important for the entire system of regulation of transport activities in the Russian Federation, and perhaps a priority one. The fact is that domestic transport statistics have never been focused on analyzing the ratio of supply and demand in the transport market and have been informed. Basically, about the volumetric indicators of transport. Meanwhile, in order to prepare targeted decisions in the field of transport regulation, reliable information about the needs for transport services and the degree of their satisfaction is absolutely necessary.
7. Financing of individual projects in the field of transport of national importance, as well as the provision of state assistance to various enterprises in providing such financing.
The practice of developed countries shows that the financial resources required to equip transport systems (roads, terminals, bus stations, etc.) are not always available even for large transport enterprises.
8. Development and control of the implementation of environmental standards. This function of state regulation has acquired particular relevance in last years when the significant role of transport in pollution the environment(it is believed that it accounts for more than a third of all pollution).
9. Development and control of the implementation of transport safety standards and technical safety standards.
The participation of the regional offices of Gosavtodornadzor in the implementation of this function is to organize, together with the traffic police, a system of monitoring compliance with established norms and standards.
11. Development and application of administrative and economic measures for the emergency concentration of transport resources in emergency situations. The state should have "mechanisms" for promptly attracting the transportation capabilities of various types of transport for eliminating the consequences of catastrophes, natural disasters, ensuring harvesting, delivering goods to the North, as well as for carrying out preparatory measures in a "special period".
During the period of administrative command control of transport, the problem of attracting transport in emergency situations was solved by administrative instructions for transport enterprises. At present, it is still necessary to choose mechanisms of a new type, combining administrative and legal levers with means of economic incentives and full compensation for additional transport costs. Regional transport inspectorates, in cooperation with local authorities, should help in the search and development of such mechanisms, taking into account the specific characteristics of the transport system of their region.
To implement the functions assigned to Gosavtodornadzor, it is assumed that the transport inspection departments provide:
For motor transport enterprises:
- protection from the appearance of competitors without licenses;
- protection from unfair competition, i.e. suppression of competitors' attempts to gain an advantage in the market by violating the established rules of service;
- consideration as an arbitration instance of conflict situations arising in the relationship between transport workers and clientele, as well as between various transport companies;
- information to transport companies about the presence of customer groups or market sectors where the excess transportation capacity of this company could be realized;
- the possibility of obtaining official permission for the application of increased tariffs in cases where it objectively corresponds to the conditions of transportation and is provided for by the current rules;
- justification, preparation and implementation (together with the authorities and higher transport authorities) measures for economic, material and technical and social support transport enterprises performing important socio-economic functions in the region.
- guarantees of sufficient qualifications of transport workers;
- ensuring (together with other bodies of technical and administrative control) safety and environmental cleanliness of the transport process;
- preparation and implementation of measures to attract transport companies to those market sectors where transport services are insufficient;
- control of tariff discipline. Prohibition of the use by enterprises of unreasonably high tariffs or the use of price lists that are not allowed for a given transport or region;
- Local authorities:
- operational information about the decisions of the Ministry of Transport of the Russian Federation concerning the formation of transport policy in the field;
- objective information about the state of transport services in the region and in certain sectors of the transport market;
- specific proposals for changing the working conditions of transport companies and rational use of the local budget to improve transport services;
- preparation and joint substantiation of petitions to the federal authorities for material and technical support for solving acute problems of transport services in the region;
- direct management of the work of transport enterprises (through the application of additional licensing requirements) in order to ensure the maintenance of sectors of the market that are "unprofitable" for transport workers and to eliminate the consequences of emergencies;
- monitoring the state of environmental cleanliness and safety of the transport system of the region.
- To the Ministry of Transport of the Russian Federation:
- reliable general information on the state of transport services in the regions;
- the possibility of direct implementation of transport policy in the regions of the republic, as well as control and analysis of the effectiveness of measures taken in the field of transport regulation;
- obtaining proactive information about the trouble in certain sectors of the market and the need to take specific measures;
- information about the practical experience of local transport regulation and the most effective methods used, found in individual regions - specific proposals for improving the current licensing of enterprises, the tariff system, dividing the transport market into sectors;
- information on the relevance and "performance" of the current legislative and regulatory legal acts in the field of transport and proposals for their improvement.
- A certain period of formation, accumulation of experience, as well as the reinforcement of all the listed functions of the RTI with appropriate administrative and legal acts is required, which is currently happening.
Conclusion
The transition to market relations required fundamentally new forms of state regulation of the transport complex and a more developed legislative framework for this area. In a market economy, the ratio in the development of public road transport, departmental, cooperative, private owners is determined by their ability to provide the client with high-quality transport services at minimal costs. However, freedom of entrepreneurial activity in the field of transport without appropriate regulatory levers can lead to an oversupply in some types of transportation and a shortage of offers, therefore, to monopoly in others.
etc.................
Licensing is the issuance of tr. enterprises and entrepreneurs permits to carry out certain activities and control the requirements and conditions provided for by the issued licenses. Receiving a license to perform transportation, the owner of the p.s. at the same time must receive for each vehicle. a special license card.
Authority implementing licensing activities called Auto Dor Supervision.
To receive persons. In ADN represent.
1 Application indicating the type of activity and the period of validity of persons.
2 Copies of constituent documents certified by a notary
3 Copy of certificates of state. registration
4 Document confirming payment for consideration of the application
5 Data on automatic telephone exchange and other fixed assets, means and forms of control ensuring the fulfillment of the requirements for road safety and fire safety
6 Dicloration about the presence of own parking lot or the possibility of storing the PBX
7 A copy of documents confirming the professional suitability of the manager, entrepreneur or persons authorized to manage the licensed activity
Enterprises or an entrepreneur may be denied the extradition of persons. The reasons for the refusal may be
1 Inconsistency of professional training of hands. , entrepreneur or authorized person
2 Indications in the provided documents of incorrect information
3 Inconsistency of the production base with environmental requirements or requirements for maintaining p.s. in a technically sound condition
Since 1.07.05 the only compulsory for licensing is yavl. transportation of passengers by buses on a commercial basis. Validity of persons. 3-5 years
Faces. individual document in case of amendment. count P.S. - notify ADN within 2 weeks.
Personnel control over the observance by carriers of tr. legislation is planned and unplanned. Scheduled is carried out at the enterprises of the passenger transport. 1 time per year, for all others 1 time per 2 years.
The reasons for unscheduled control can be:
1 Violation of tr.z. identified during the previous audit
2 Participation p.s. carrier in an accident causing bodily injury
3 Based on the results of the identified malfunctions during the annual technical inspection at the traffic police
4 By order of the competent authorities
The actions of persons. May be suspended or it may be nullified.
Persons. Control
1 Information about automatic telephone exchanges and compliance of their persons with the requirements
2 Providing road safety
2.1 data of the person appointed by the person in charge of the execution. requirements (order of appointment, qualifications, specialty, copy of the diploma)
2.2 the composition of the road safety service at the enterprise availability of road safety classes
2.3 availability and implementation of an action plan for ensuring road safety
2.4 conducting annual classes to improve the prof. driver skills
2.5 conducting briefings (introductory, primary, repeated, annual, extraordinary) of the driver's staff, the presence of briefing texts and a register of briefings.
2.6 Conducting pre-trip and post-trip medical examination of drivers, data on MD. personnel, registration of data from medical examinations, registration of persons removed from the management of the vehicle.
2.7 observance of work and rest regimes of drivers
2.8 organization of training for drivers, the presence of an order on the appointment of a driver mentor, maintenance of traineeship lists
2.9 providing the driver with the necessary travel documentation control over the completeness and quality of keeping waybills
2.10 availability of passports and bus route schemes, conducting a survey of traffic routes, providing drivers with schedules and traffic patterns
3 Maintenance of vehicles in good technical condition
3.1 availability of our own production base for maintenance and R ATS, its equipment or an agreement for maintenance and R ATS with enterprises that have a certificate for this
3.2 organization and conduct of TO1, TO2, compliance with the frequency of TO
3.3 availability of items of those. control and their equipment
3.4 control over the technical condition before leaving the line and when returning to the garage
3.5 availability of a certificate of conformity for transport services
3.6 availability of topographers on buses working on intercity and international passenger transport
21. Functions and management structure of ATP
ATP is characterized by a workshopless organizational structure, in which all management functions are concentrated in the management apparatus of the enterprise.
The organizational structure of management of most ATP is linear and functional. The linear management links are entrusted with the functions and rights of command and decision-making, and the functional units (for example, the planning and economic department) - methodological guidance in the preparation and implementation of decisions on planning, organization, accounting, control and analysis for all functions of production and economic activities ...
Such a structure is characterized by the use of formal procedures and rules, a rigid hierarchy of power in the organization, and the centralization of decision-making. Each performer reports to only one leader. The executor receives all instructions and decisions on management functions from his immediate supervisor. Between the performer and the functional units remain information links methodological and consulting nature. In order for a decision of a functional unit to become prescriptive, it must be approved by the head.
Despite the fact that, in principle, all managers of the ATP perform managerial actions, it cannot be said that all of them are engaged in the same type of labor activity. Individual leaders have to spend time coordinating the work of other leaders, who, in turn, coordinate the work of lower-level employees, etc. to the level of a leader who coordinates the actions of non-managerial personnel - people who physically produce products or provide services. It is this vertical deployment of the division of labor that forms the levels of management.
Types of links in ATU
Organizations with many parts must coordinate their activities in a certain way. It is she who acts as the basis of the structure of the organization, which is usually defined as a set of stable ties in the organization.
In general, in any organization, including ATU, several types of ties are distinguished. The following pairs of links are most often analyzed: vertical and horizontal; linear and functional.
Vertical links connect hierarchical levels in an organization and its parts. They are formalized in the design process of the organization, they operate constantly and are depicted in all possible diagrams, reflecting the distribution of powers or indicating who is who in the organizational hierarchy. These links serve as channels for the transmission of administrative and reporting information, thereby creating stability in the organization. Within the framework of vertical ties, the problems of power and influence are solved, i.e. "vertical loading" of work is realized. Usually, the growth of an organization is accompanied by the growth of vertical ties, so the number of these ties can be used to judge the size of the organization.
Horizontal links are links between two or more equal in position in the hierarchy or status of parts or members of an organization. Their main purpose is to facilitate the most effective interaction between parts of the organization in solving problems arising between them. They help to strengthen vertical ties and make the organization as a whole more resilient to various external and internal changes. Horizontal links provide a number of important benefits. They save time and improve the quality of interaction. Horizontal connections develop independence, initiative and motivation among managers, and weaken the fear of risk. Therefore, it is of particular interest to analyze the practice and study the ways of establishing such connections. In the case when horizontal connections are established on an informal basis by a superior leader, they are usually tied to time, to an event or to people. For example, the director may suggest that the chief economist and the head of the personnel department independently resolve the issues of setting salaries for employees, since he trusts them. But, as soon as one of them leaves the post for some reason, the manager will most likely regain this right back to himself and will use it until the other employee deserves his trust.
Another pair of relationships that are established in an organization are linear and functional relationships.
Linear ties are relations in which the boss exercises his power rights and exercises direct control over his subordinates, i.e. connections go in the organizational hierarchy from top to bottom and act, as a rule, in the form of orders, orders, commands, instructions. The nature of functional links is consultative, and through these links, information support for coordination is implemented.
Thus, connections ensure the integral work of the enterprise, unite all its links.
The basis of the work of the enterprise is the functional responsibilities of the divisions. It is they who ultimately constitute the aggregate activity of the enterprise.
For the normal functioning of the ATU, it is necessary that all its divisions work in the right schedule and in accordance with the needs of the market, i.e. must be flexible, as well as fulfilled their functions on time and in full.
The director of the ATP, for example, manages all types of activities of the enterprise in accordance with the current legislation. Organizes work and effective interaction of production units, workshops and others structural units enterprises, directs their activities to achieve high rates of development and improvement of production, its compliance with the best world standards in order to fully meet the needs of the national economy and the population in the relevant types of products, an all-round increase in labor productivity, production efficiency and product quality based on the widespread introduction of new technology and progressive technology, scientific organization of labor, production and management, improving the economic mechanism. Ensures that the enterprise fulfills all obligations to the federal and local budgets, state extra-budgetary social funds, suppliers, customers and creditors, including bank institutions, as well as economic and labor contracts and business plans. Organizes the production and economic activities of the enterprise on the basis of the widespread use of the latest technology and technology, progressive forms of management and organization of labor, scientifically based standards of material, financial and labor costs, study of market conditions and best practices in order to improve the technical level and quality of products (services) , economic efficiency production, rational use of production reserves and economical use of all types of resources. Takes measures to provide the enterprise with qualified personnel, to make the best use of the knowledge and experience of employees, to create safe and favorable conditions for their work, to comply with the requirements of environmental protection legislation. Provides the right combination of economic and administrative methods of leadership, one-man management and collectiveness in the discussion and solution of issues, material and moral incentives to increase production efficiency, the application of the principle of material interest and responsibility of each employee for the task entrusted to him and the results of the entire team, payment wages on time. Solves all issues within the limits of the rights granted to him and entrusts the performance of certain production and economic functions to others officials- deputy directors, heads of production units, as well as functional and production divisions of the enterprise. Ensures the observance of legality in the activities of the enterprise and the implementation of its economic and economic relations, the use legal means for financial management in market conditions, strengthening contractual and financial discipline, regulation of social and labor relations, ensuring the investment attractiveness of the enterprise in order to maintain and expand the scale of entrepreneurial activity. Protects the property interests of the enterprise in court, arbitration, state authorities and management.
Head of the technical department. It organizes the technical preparation of production or other types of basic activities of the enterprise, ensures the acceleration of the growth rate of labor productivity, the reduction of labor costs for production, the improvement of the quality of products, works, services. Coordinates the work of the technical services of the enterprise on testing new technical means, creating and mastering new types of products, comprehensive mechanization and automation of production, the introduction of scientific and technical achievements, new equipment and progressive technology. Manages the current and future support of the technical development of the enterprise, its production base. Supervises the compilation technical specifications for the design of newly built industries, facilities, technical means, the expansion, development and reconstruction of existing ones, for the introduction of mechanization and automation means. Examines and approves design documentation for the modernization of equipment and rationalization of workplaces. Carries out control over the conclusion and execution of contracts related to the introduction of new technology, as well as over the financing and correctness of calculations of the economic efficiency of measures for the development of new equipment and technology, new types of raw materials and finished products. Participates in the development and implementation in production of resource-saving technologies, progressive consumption rates for the main types of raw materials and materials, in the study of the causes of marriage and the release of products of reduced grades, in the development of measures to improve the quality of products (works, services) and more efficient use of production facilities. Performs, in the absence of independent design and technological departments, the functions of their leaders. Directs the activities of the divisions dealing with the issues of product standardization, scientific and technical information, as well as the organization of patent and inventive work. Supervises the employees of the department, coordinates and directs the activities of the divisions of the enterprise, providing technical preparation of production.
Operations service
The operational service of the ATP is primarily concerned with the scientific organization of the transport process and the efficient use of vehicles. It seeks opportunities for the most rational implementation of transportation at the lowest cost. In general, at ATP, the operation service, based on a comprehensive study of the needs, is designed to ensure better satisfaction of the customers' needs.
Technical service
The technical service of the ATP focuses on maintaining vehicles in a technically sound condition and ensuring the development of the production base, and also manages the material and technical supply of the enterprise.
The main tasks of the technical service of the enterprise are:
organization of proper storage of rolling stock, ensuring its high technical readiness for work, the timeliness of the release of cars on the line and their acceptance (garage service);
development and solution of issues related to strengthening the production and technical base of the enterprise (chief engineer);
operational planning of all types of maintenance and repair of cars and car tires, organization of these works and control over their quality, technical accounting and reporting on rolling stock, car tires and other production assets (head of the repair service);
management of the entire set of work to ensure the normal material and technical supply of the enterprise, the organization of storage, distribution and accounting of fuel, spare parts and other material resources, the development and implementation of measures for their more rational use (supply department);
development and implementation of organizational and technical measures to improve production processes, the introduction of new technology, labor protection and prevention of accidents.
Based on the above tasks, the technical service has the right to control technical condition rolling stock, take it out of service, plan and carry out preventive and renovation work, to bring to material responsibility for the improper operation of rolling stock, buildings, structures, equipment, etc., as well as to limit the costs of fuels and lubricants.
Economic Service
organizational road transport service
An important place in the economic management and improvement of the quality indicators of the enterprise is given to the economic service. Based on a systematic analysis of the work of the enterprise, convoys and other divisions and based on the volumetric indicators of transportation, their resource provision, the economic service determines the ways in which technical and organizational measures should be developed, aimed at increasing the technical readiness of the rolling stock and improving the operational and commercial activities of the ATP ...
The economic service usually includes an accounting department. This department, headed by the chief accountant, keeps track of the availability of funds allocated to the ATP, their safety and level of use, organizes the implementation of the financial plan, checks the financial condition of the enterprise, carries out a lot of operational work to organize settlements with customers, suppliers and financial authorities, organizes the primary accounting for the consumption of material resources and Money. Chief Accountant is responsible for the expediency and legality of spending funds, and compliance with financial discipline.
Conclusion
Thus, the optimal organizational structure of the ATU is one of the conditions for its effective activity. At the same time, it is important to take into account that at all levels of management, managers perform not only purely managerial, but also executive functions. However, with an increase in the level of management, the proportion of executive functions decreases. This means that the head of any management level spends a certain percentage of his time on making managerial decisions and a certain percentage on making decisions in his specialty. With an increase in the level of management, the proportion of tasks in the specialty decreases, and in management it increases. Hence, enterprise managers must have high professional skills. For employees of the administrative apparatus, the labor process is the implementation of a set of functions, the main of which should include planning, organization, coordination, control, accounting, analysis, regulation. They are also endowed with certain rights, primarily in terms of encouraging and punishing employees who are subordinate. On their submission, the issues of hiring and firing employees are resolved.
But even with a properly organized management system, not a single ATP will be able to carry out its activities, without the leading profession for such enterprises - a driver. Therefore, one of the most important tasks of the ATP is the correct organization of the work of drivers, since the fulfillment of the transportation plan largely depends on their work, and therefore, the satisfaction of the needs of customers, and, as a result, the efficiency of the operation of the enterprise.
The most important purpose of licensing activity in transport has become a state influence on economic entities to comply with the requirements safe operation their vehicles.
Second goal, which is the main one for the licensing system as a means of state regulation of activities in transport, is the admission to the market of transport services of qualified, reliable and financially viable producers of these services.
Third goal- regulation of the transport services market through the introduction of license quotas within the transport market sector or between its sectors.
Fourth, no less important, the goal remained to comply with environmental standards established in the field of transport and road facilities.
Objectives of licensing road transport activities were defined, and they were included in all provisions on licensing transportation, which were subsequently approved by the Government of Russia:
a) Government regulation transportation activities;
b) Ensuring the normative functioning of the transport services market;
c) Protecting the interests of consumers of these services;
d) Implementation of the requirements of antimonopoly legislation;
e) Implementation of road safety requirements;
f) Compliance with environmental standards.
Rostransnadzor is the federal executive body that conducts public policy and supervising and managing the sea, river, aviation, automobile, industrial transport and road facilities. Forms and implements the state transport policy aimed at meeting the demand of the population and the needs of the economy in transportation and other types of transport services, ensuring free movement cargo and passengers on the territory of the Russian Federation.
Obtaining a transport license is associated with the activities and sphere of competence of the Federal Service for Supervision in the Sphere of Transport (the former Transport Inspectorate of the Ministry of Transport of the Russian Federation), it is in this institution that licensing of transport activities is issued. The scope of the transport license is limited to the borders of the Russian Federation
FS for the supervision of transport exists:
State regulation, management and control aimed at ensuring the safe, efficient and sustainable functioning of the transport complex;
Measures to protect and support Russian transport organizations in the foreign market, to maximize the use of the capacities of the Russian transport system when transporting foreign trade goods,
Coordination of transport activities (together with other federal executive authorities and state authorities of the constituent entities of the Russian Federation), including the development and functioning of international multimodal transport corridors and transport hubs,
Licensing and certification of transport services, control over compliance with national and international requirements, standards, norms, rules and procedures in the field of sea, river, aviation, automobile, urban passenger (including metro), industrial (except for the jurisdiction of the Ministry of Railways of the Russian Federation) transport and road facilities.
The FS for Transport Supervision carries out licensing of the following activities:
Carriage of passengers by road, equipped for the carriage of more than 8 people. (territory of validity of the license - RF)
Admission to international transport of more than 8 seats (for the first time for 1 year).
Admission to international carriage of goods over 3.5 tons. (for the first time for 1 year)
The license may not be valid for more than five years. The term of validity of the license upon its expiration can be extended at the request of the licensee. The extension of the license validity period is carried out in the order of renewal of the document confirming the existence of the license. Licensing regulations for specific types of activities may provide for an indefinite validity of the license.
The decision to grant a license and the document confirming the existence of a license shall indicate:
The name of the licensing authority;
Name and organizational - legal form a legal entity, its location - for a legal entity;
Surname, name, patronymic, place of residence, data of an identity document - for an individual entrepreneur;
Licensed type of activity;
The term of the license;
Taxpayer identification number;
License number;
Date of the decision to grant the license.
License fees:
For consideration of an application for a license - 300 rubles.
For the provision of a license - 1000 rubles.
For renewal of the license - 100 rubles.
For providing an extract from the register - 10 rubles.