Main requirements for goods and services are quality and safety. State takes under special control entrepreneurs and companies whose activities may affect life and health of consumers and the environment. Therefore, for some types of work, registration of a company with tax authorities is not enough, it is also necessary to submit a notification to the appropriate authority concerning planned release of products, provision of services. The list of such types of economic activity is established by the Decree of the Government of the Russian Federation dated July 16, 2009 No. 584.
Based on notifications from business entities, supervisory authority compiles a register and places it on its official website. Data in the public list is updated no later than 10 days from the date of registration of the application from the company.
Which authorities must be notified before the start of activity:
Rospotrebnadzor (Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing)
The notification nature of the start of activity is established for enterprises providing hotel and personal services, working in the field of catering, retail sales, wholesale trade of food and non-food products for a wide range of consumers.
The list of activities also includes:
- production of garments and textiles;
- production of clothes, shoes;
- sawmill activity;
- publishing and printing;
- launch of bakeries and confectioneries.
Packaging, furniture, personal protective equipment, building materials - release of these and other types of products must begin with a notification of Rospotrebnadzor.
Rostransnadzor (the Federal Authority for Transport Oversight)
The list includes services of transportation of passengers by road, as well as transportation of goods by trucks with a carrying capacity over 2.5 tons, by rail, sea, and inland water transport.
Rostrud (the Federal Service for Labour and Employment)
Companies that plan to take care of people in need and provide other social services provide information to Rostrud. This includes pensions, veterans homes, rehabilitation centers, etc.
Rosstandart (the Federal Technical Regulation and Metrology Service)
Rosstandart maintains a register of organizations producing low-voltage equipment, electrical distribution and control devices.
Other types of activities that have to be submitted with notification of the beginning of entrepreneurial activity
Information about the start of production of animal feed is sent to the veterinary service; organizations whose activities are related to fire, explosive and chemically hazardous production facilities of hazard class IV inform Rostekhnadzor &(the Federal Environmental, Industrial and Nuclear Supervision Service). Roszdravnadzor (the Federal Service for Surveillance in Healthcare) accepts notifications from companies involved in the circulation of medical devices.
Violation of the rules is punishable under Art. 19.7.5-1 of the Code of Administrative Offences of the Russian Federation.
From 27.02.2022 the Federal Law dated 16.02.2022 No. 8-FZ put into effect Article 15.48 of the Code of the Russian Federation on Administrative Offences on administrative liability for money transfer to illegal online gamble services e. g. casinos, lotteries and betting pools.
Banks, payment systems, postal and mobile phone operators who take and transfer money to companies from the List of suspicious organizations by the Federal Tax Service are the subjects of the new regulations. Work in this direction keeps going on for several years. In 2007 activities of the illegal online casinos and lotteries except betting pools and bets were prohibited. In 2018 were prohibited money transfers to this kind of organizations including foreign ones. The Federal Tax Service is eligible to skip judicial authorities and block websites who fulfill this kind of payments.
For violation of the new requirements of the amendment following fines are applied:
- for officials (including credit institutions) - from 100,000 to 500,000 RUB,
- for legal entities - from 25% to 40% of the taken payment, but no more than 5 million RUB.
During the development bill draft was criticized by lawyers of the banking sector. They noted that changes will duplicate provisions of the Federal Law "On countering the legislation of illegal earnings (money laundering) and the financing of terrorism" dated 07.08.2001 No. 115-FZ. According to this document banks are prohibited to proceed suspicious transactions to the organizations from the black list of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications. Online casinos and lotteries could be also included in this list. Actually after these rules came into force on 13.07.2021 banks started to complain in large numbers not only on the authority's website freezing, but also on difficulty of web address identification of the prohibited organizations. As a result the Central Bank of the Russian Federation suggested to abandon imposition of sanctions on banks who violated these legislative requirements until April 2022.
New amendments also have some rough edges. Some questions are still a legislative gap. By what will guided payment intermediators when correlating payee and organizations from the Federal Tax Service list. As well as on what ground will they refuse a customer to proceed with such kind of payments. Moreover, the question remains: will there be a "double" penalty for offenders of the new payment rules in virtue of forthcoming amendments and adopted rules in 115-FZ.