Licensing of passenger transportation activities by road. Licensing of transport activities. General rules for issuing and obtaining a license for transportation, including international
IN market economy enterprises and entrepreneurs independently determine the profile of their activities. The task of the state is to ensure safe, qualified and reliable (from the point of view of protecting the interests of consumers) activities of transport operators in their chosen segment.
The solution to this problem begins with the admission of organizations and entrepreneurs to carry out motor transport activities, the basis of which throughout the world is the licensing system.
A license is one issued by an authorized government agency permission to carry out a certain type of activity.
Licensing is inextricably linked with the system of structuring transport activities described in paragraph 6.1 and is aimed, first of all, at clearly identifying the position of the transport operator in the market.
The type of license issued depends on the economic and technological features segment in which the operator intends to operate. The set of requirements for a license applicant may vary from the simplest application registration to the need to prove one’s professional suitability, financial solvency, good reputation, availability necessary personnel, vehicles and equipment, etc. This depends on the nature of the activity in the relevant segment, on the level of potential risks with which it is associated, as well as on the tasks that the state sets in relation to a particular market segment. Thus, to stimulate the influx of operators into a certain segment, the level of licensing requirements may be lowered; to increase the level of transportation safety, the corresponding requirements for vehicles and personnel training, etc. may be tightened.
Depending on the listed factors licensing can be:
- - permissive. In this case, to obtain a license, it is necessary to provide certain documents, sometimes passing exams. The issuance of a license may be refused due to the applicant’s failure to meet the licensing requirements;
- - declarative (notification). In this case, to obtain a license, it is enough to send certain information about the relevant business to the authorized body. An operator that has notified the state of the start of its activities is entered into the appropriate register and from that moment its activities are considered legitimate, which, however, does not exempt it from checking compliance with established licensing requirements.
Some types of transport activities may be carried out without a license. Typically, these are services the provision of which is accompanied by minimal commercial or physical risks, and (or) services that are inextricably linked with other licensed activities. Thus, in some countries, freight forwarders do not have to obtain a license and can freely perform a range of services such as paperwork, transportation planning, temporary storage of goods, etc. (See Box 7.1). However, if the freight forwarder’s range of services includes transportation, then he must either have an appropriate license (if he carries out the transportation himself) or involve only a licensed operator in carrying out the transportation.
Having transport operators licenses allows you to:
- - the state - to provide safe and high-quality transport services, assess and regulate the relationship between supply and demand in various segments, manage intraspecific and interspecific competition;
- - licensed operators - count on state protection from unfair competition from organizations that do not have the appropriate license;
- - clients - to count on receiving services from reliable, qualified operators, as well as to navigate the market by receiving clear information about the number of operators operating in various market segments, about the services that, in accordance with their licenses, they can or are obliged to provide, about their responsibility, etc.
Box 7.1. Do freight transport need to be licensed?
On initial stage market transformations in Russian Federation In transport, a licensing system was created that covered almost all types of transportation activities and was built on the basis of generally accepted approaches in the world. However, at a certain stage of reforms, in the context of the need to liberalize market activity and eliminate administrative barriers in the economy, the dismantling of this system began.
Currently1 in accordance with Federal Law dated May 4, 2011 No. 9E-FZ “On Licensing individual species activities"> in the cargo transportation sector, only the transportation of goods by air is subject to licensing (except for the case when transportation is carried out to meet one’s own needs), as well as transportation and loading and unloading activities in relation to dangerous goods by rail, sea and inland waterway transport.
Obviously, this list does not cover all types freight transport. In particular, there is no licensing at all for road freight transport - the most in mass form transport, where ensuring security and protecting the market from unscrupulous entrepreneurs are especially important. Even road transport of dangerous goods is not subject to licensing.
Decisions to eliminate the licensing system are often justified by references to the experience of developed countries, where economic liberalization is allegedly accompanied by the abolition of licensing and state system access to business in general. There is an opinion that state licensing of operators can be replaced by insurance, voluntary certification or certification carried out self-regulatory organizations. However, a substantive analysis of the experience of developed countries refutes this point of view.
IN international practice the admission procedure is not always literally called “licensing”, but in any case it is based on a strict system of requirements that an applicant for work in a particular segment of the transport services market must meet.
The requirements for the admission of operators to the road freight transport market in force in the EU and the USA are described below.
In the European Union, in accordance with Council Directive 96/26/EC, undertakings intending to carry out road transport of goods must be of good standing, have a sound financial position and meet the requirements of professional competence.
To confirm good standing, the check establishes that the person or company has not been subject to prosecution, in particular of a commercial nature, and has not been duly declared incapable of carrying on business in the freight transport sector.
When checking reliability financial situation the competent authority must review the company's annual report (if any), and financial support, including bank assets, credit status and history, tangible assets that can be considered as financial support for the business, costs (including the cost of purchasing vehicles) and own working capital. The business must have capital and reserves of at least 9 thousand euros if there is one truck and 5 thousand euros for each additional car.
Professional competence is confirmed by the presence of special knowledge in the applicant, the composition of which is determined by the directive. The level of competence is verified through a mandatory written examination, which may be supplemented by an interview. Carriers of dangerous goods are subject to additional requirements established by special EU Council Directive 94/55/EC.
In the United States, companies that transport goods interstate must obtain registration with the Federal Motor Carrier Safety Administration (FMCSA) and, in addition, obtain a registration number from the US Department of Transportation (Department of Transportation), which is unique. the identifier of this operator for statistical observation, audit, consideration of claims and claims, analysis. All first-time registrants must undergo a special safety audit and operate without incident for 18 months in order to obtain permanent registration.
In addition, companies that operate for hire and fall under the jurisdiction of the US Department of Transportation's Surface Transportation Board must obtain a special permit to operate interstate. The permit determines the type of transportation, permitted routes and type of cargo transported, as well as the conditions for the transportation (in particular, the level of responsibility and the amount of insurance coverage). Therefore, a company operating on different routes may need several such permits.
Finally, companies intending to transport dangerous goods must obtain a special permit from the Ministry of Transport (Hazardous Materials Safety Permit).
Thus, in developed countries, a developed licensing system for road freight carriers is used not only to ensure the necessary level of safety in transport activities, but also to protect all market entities from the activities of unreliable and unqualified operators.
The consequence of the liquidation of the licensing system for freight vehicles in Russia was a significant reduction in the qualifications of many transport operators, unfair competition, dumping, drop in service quality. It should be expected that as market relations develop in Russia, all generally accepted principles of admission to transport activities will be implemented in the world.
What is it
Taxi license is a permit to carry out transportation activities by passenger vehicles, issued by the authorized executive body of the relevant constituent entity of the Russian Federation (usually the Ministry of Transport), for a period of at least 5 years. To obtain a license you do not need to pay a state fee if the acts local authorities authorities do not establish otherwise.
Please note, a license is issued for each vehicle used as a taxi. Only one permit can be issued per vehicle.
Licensing of taxi activities is regulated by Federal Law No. 69 of April 21, 2011.
The procedure for obtaining a license to transport passengers and luggage can be divided into 3 stages:
1. Decide on services
In this case, the activity of transporting passengers and luggage, including renting a car with a driver, is subject to licensing.
Taxis have the right to provide services only in the territory of the region in which the permit was obtained. Transportation in another subject is allowed, provided that the taxi delivery point was on the territory of the subject of the Russian Federation that issued the license, or an appropriate agreement on transportation rules was concluded between the regions.
2. We check compliance with licensing requirements
If you are just planning to start a business, you will need to open an LLC or register an individual entrepreneur and ensure compliance with the requirements.
In the event that the business is already operating and you decide to provide taxi services, you need to make changes to the OKVED of the LLC or individual entrepreneur, and also check the established requirements.
Note: You can get a taxi license without registration of individual entrepreneur or LLC, but only if you transport an unlimited number of passengers and are officially employed in a taxi service. In other words, if you get a job as a taxi driver, you will need a license, but registration as an individual entrepreneur (LLC) will not.
To obtain a license, there are requirements that are divided into 3 categories:
Requirements for a passenger taxi
- on the body (side surfaces of the body) you need to place a color scheme - a composition of squares of contrasting colors, arranged in a checkerboard pattern;
- a taxi must comply with the established color schemes of the body (for example, for Moscow, yellow is prerequisite);
- An orange identification light must be placed on the roof;
- A passenger taxi must be equipped with a taximeter if the fee for use is determined in accordance with its readings.
Requirements for a taxi driver
- a total driving experience of at least three years.
Requirements for LLCs and individual entrepreneurs providing taxi services
- provide maintenance and repair of passenger taxis;
- carry out monitoring of the technical condition of passenger taxis before leaving the line;
- ensure that taxi drivers undergo a pre-trip medical examination.
3. We submit the documents necessary to obtain a license
A special application (form for individual entrepreneurs or form for LLC) is submitted to the licensing authority and a package of documents is attached:
- a copy of the identity document of the applicant (applicant's representative);
- copies of vehicle registration certificates certified by the applicant;
- a copy of the leasing agreement or rental agreement vehicle(if it is provided on the basis of the specified agreements), certified by the applicant, or a copy of a notarized power of attorney for the right to dispose of a vehicle (if the vehicle is provided on the basis of a notarized power of attorney).
Please note, despite the fact that, in accordance with Federal Law No. 69 of April 21, 2011, this list is exhaustive, authorized bodies usually require the presentation of additional documents - a copy of the registration certificate of the LLC (IP) and the certificate of registration with the Federal Tax Service.
Documents can be submitted to electronic form through regional portal, or use paper.
Deadlines consideration of the application and issuance of a permit, as a rule, for Moscow - up to 10 days, for the region (other regions) - up to 30 days. The specific deadline is set in regulations subjects of the Russian Federation.
If the applicant provides false information, the license may be refused. If a decision is made to refuse, the applicant is given, or sent by letter, a notice of refusal to issue a permit within no more than three days from the date of such a decision.
After obtaining a license
Having received a license, you have the right to begin providing services. The permit must be placed in the passenger compartment and presented for review upon the first request of the passenger.
Information about the issued license will be posted on the official website of the relevant authority that issued the permit (if not available, on the website of the subject of the Russian Federation).
Operating a taxi without a license
It is important to remember about possible scheduled and unscheduled inspections for compliance with legal requirements. If a violation of licensing requirements is detected, the company or individual entrepreneur is sent an order to eliminate them and a deadline is set (no more than 30 days). After eliminating the violations, you will need to send a report on the activities carried out and attach documents confirming compliance with the order. If this is not done, the permit may be suspended for up to one month.
Renewal of license
If, in the course of activity, changes are made to an LLC or individual entrepreneur, some such changes may entail the need to re-issue a license.
Changes that entail the need to re-issue a taxi license
- changing the state registration plate of a vehicle;
- change of LLC name, location;
- change of last name, first name and patronymic of the individual entrepreneur, place of residence, details of his identity document;
- LLC reorganization.
The cost of the state duty for re-registration is set by a specific subject of the Russian Federation.
In accordance with standards current legislation Activities involving regular transportation of passengers by vehicles equipped for the transportation of more than eight people are subject to licensing.
At a plenary session on Friday, the State Duma will consider in the first reading a government bill that provides for the introduction of licensing of all chartered passenger transportation, as well as transportation for personal needs of more than eight people.
“The bill proposes to extend the licensing of activities for the transportation of passengers by road transport equipped for the transport of more than eight people, to cases where it is carried out on orders or to meet one’s own needs legal entity or individual entrepreneur" , - the authors note in the accompanying materials.
In accordance with the norms of current legislation, activities for the regular transportation of passengers by vehicles equipped to transport more than eight people are subject to licensing. At the same time, the start of entrepreneurial activity for registered transportation is of a notification nature.
Therefore, it seems appropriate amend Federal Law No. 99-FZ and Federal Law No. 294-FZ in terms of excluding the circumstance in which transportation of passengers and luggage by road transport and urban ground electric transport can be carried out in a notification procedure without obtaining a license (transportation on orders or to ensure their own needs of a legal entity or individual entrepreneur).
With mandatory licensing of customized transportation, drivers will have to undergo a medical examination every day, follow a traffic schedule, and provide all necessary documents to the vehicle.
The head of the State Duma's specialized committee on transport and construction, Evgeny Moskvichev, previously told TASS that the law on licensing all types of passenger transportation is planned to be adopted in general in December. " It's about about the safety of our citizens,” he emphasized.
The issue of tightening legislation in the field of passenger transportation was raised in the government in June of this year after an accident with a bus in the Trans-Baikal Territory, in which 14 people died and 34 were injured. The Ministry of Transport of the Russian Federation indicated that licensing of chartered transportation will reduce the number of accidents involving buses, reports TASS.
This is a very relevant bill. Since, under the guise of customized transportation, a large group of carriers escaped control. Such carriers were essentially no different from legal ones, except for the sign CUSTOM.
At the same time, they avoided a lot of procedures and expenses aimed at road safety and had the opportunity to evade taxes. And also, in violation of Federal Law 67, the carrier did not insure its liability for possible damage to the life and health of passengers, and as a result, the state was forced to compensate for such damages using budget money (our money).
And as a result - We are witnessing many accidents involving buses carrying tourists and children during school holidays, to competitions and other events. Drivers did not undergo pre-trip and post-trip control; no one monitored the technical condition of vehicles before they entered the line; the same is true with tachographic control.
The issue of safety of tourist transportation will be the subject of discussion at the conference-seminar on November 17, 2017 in Crimea.
From September 1, 2011, in order to transport passengers by passenger vehicles, i.e., work as a taxi, the legislation of the Russian Federation requires a special permit.
A permit to carry out activities for the transportation of passengers and luggage by passenger taxi is issued for five years and confirms that its owner has the right to provide passenger transportation services.
Permission is issued onlyindividual entrepreneurs(IP) and legal entities (any form: LLC, JSC, etc.) for each vehicle used as a taxi, for a period of 5 years.
To obtain permission to transport passengers and luggage by taxi, you must:
Fill in yourself electronic form through the government services portal (www.pgu.mos.ru) application for permission to transport passengers and luggage by taxi
You can obtain detailed information about the procedure for issuing permits to transport passengers on the website of the Moscow Department of Transport.
Below are the basic requirements for legal entities and individual entrepreneurs.
Requirements for a Legal Entity or Individual Entrepreneur:
1. Ownership or lease of vehicles intended for the provision of services for the transportation of passengers and luggage by passenger taxi.
2. Provision technical repair and taxi services;
3. Monitoring the technical condition of passenger taxis before leaving the line;
4. Ensuring that taxi drivers undergo a pre-trip medical examination.
Requirements for a car used as a taxi:
1. Passing state technical inspection 2 times a year;
2. The presence on the body (side surfaces) of a colorographic scheme, which is a composition of squares of a contrasting color, arranged in a checkerboard pattern;
3. Compliance with a single body color scheme (for Moscow - yellow);
4. The presence of a yellow identification lamp on the roof;
5. Equipment with a taximeter;
Requirements for the driver of a car used as a taxi:
Driving experience in an organization engaged in taxi transportation for at least 3 years (confirmed by documents provided for by labor or civil legislation). Or a total driving experience of at least 5 years.
Responsibility for violating the rules for transporting passengers:
The absence of information in the cabin of a passenger taxi, provided for by the rules for transporting passengers and luggage by road and urban ground electric transport, entails a fine on the driver in the amount of 1,000 rubles; for officials - 10,000 rubles;
for legal entities - 30,000 rubles. Failure to issue to passenger cash receipt or receipts in form form strict reporting, confirming payment for the use of a passenger taxi, entails a fine on the driver in the amount of 1,000 rubles; for officials - 10,000 rubles;
for legal entities - 30,000 rubles. The absence on a vehicle used for the provision of services for the transportation of passengers and luggage, the color graphic scheme of a passenger taxi and (or) an identification lamp on the roof of the specified vehicle shall entail a fine on the driver in the amount of 3,000 rubles; for officials - 10,000 rubles; for legal entities - 50,000 rubles.
Transportation of passengers and luggage by a passenger vehicle used to provide services for the transportation of passengers and luggage by a driver who does not have a permit to carry out activities for the transportation of passengers and luggage by passenger taxi entails a fine for the driver in the amount of 5,000 rubles.
These are just some of the types of administrative liability that are provided for violations in the field of passenger taxi transportation. In addition, Law No. 69-FZ changes and supplements penalties for violations related to compliance with rules and ensuring road safety.
Useful information:
- Rules for the transportation of passengers and luggage by road and urban ground electric transport
Electronic services
Full name of the service
Issuance of a permit, re-issuance of a permit, issuance of a duplicate permit and cancellation of a permit to carry out activities for the transportation of passengers and luggage by passenger taxi on the territory of the city of Moscow
Conditions for receiving services on the site
Who can apply for the service:
Legal entities
Individual entrepreneur
Applicants may be legal entities and individual entrepreneurs who have, by right of ownership, right of economic management, or on the basis of a leasing agreement or lease agreement, vehicles intended for the provision of services for the transportation of passengers and luggage by passenger taxi, as well as individual entrepreneurs if they use vehicles based on the issued an individual a notarized power of attorney for the right to dispose of a vehicle, if the specified vehicles meet the requirements established by part 16 of article 9 Federal Law dated April 21, 2011 N 69-FZ "On amendments to certain legislative acts Russian Federation" and Article 2.1 of the Moscow City Law of June 11, 2008 No. 22 "On passenger taxis in the city of Moscow".
Cost of the service and payment procedure:
For free
List of required information:
Application for permission to transport passengers and luggage by passenger taxi (for legal entities) (original, 1 pc.)
- Required
- Available without return
Application for permission to transport passengers and luggage by taxi (for an individual entrepreneur) (original, 1 pc.)
- Required
- Available without return
Identification document of the applicant (copy, 1 pc.)
- Required
- Available without return
Vehicle registration certificate (copy, 1 pc.)
- Required
- Available without return
Vehicle leasing agreement (copy, 1 pc.)
- Required
- Available without return
Vehicle rental agreement (copy, 1 pc.)
- Required
- Available without return
Notarized power of attorney for the right to dispose of a vehicle (copy, 1 pc.)
- Required
- Available without return
A document confirming the authority of the applicant’s representative, if the applicant’s representative applies. (copy, 1 pc.)
- Required
- Available without return
Terms of service provision
10 working days
Result of service provision
Issued:
- Notice of provision public services (certified copy, 1 pc.)
Informing the applicant or the applicant's representative about the readiness of documents by telephone and through the subsystem " personal account" Portal.
- Permission to carry out activities for the transportation of passengers and luggage by passenger taxi on the territory of the city of Moscow (original, 1 pc.)
If the applicant fails to appear to receive a permit or a duplicate permit within 40 working days from the date of entry into the Register of information about the provision of the relevant public service, these documents are canceled on the basis of a legal act of the Department. Information about the cancellation of the specified permit or duplicate permit is entered into the Register within one business day from the date the Department makes such a decision.
- Notice of provision public services (certified copy, 1 pc.)
Receipt forms
On the WEB site
You can go to the executive authorities of the city of Moscow as part of a pre-trial appeal.
Pre-trial (out-of-court) procedure for appealing decisions
and (or) actions (inaction) of the Department, its officials
persons, government civil servants
(as amended by the resolution of the Moscow Government
dated May 21, 2015 N 307-PP)
1. The applicant has the right to file a pre-trial (out-of-court) complaint against the decisions and (or) actions (inaction) of the Department, its officials, and state civil servants taken (committed) in the provision of public services.
2. The filing and consideration of complaints is carried out in the manner established by Chapter 2.1 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services", Regulations on the specifics of filing and consideration of complaints about violations of the procedure for the provision of public services in the city of Moscow, approved by Decree of the Moscow Government of November 15, 2011 N 546-PP "On the provision of state and municipal services in the city of Moscow", these Regulations.
3. Applicants may file complaints in the following cases:
3.1. Violations of the deadline for registering a request (application) and other documents necessary for the provision of public services, as well as the procedure for processing and issuing a receipt for receiving a request and other documents (information) from the applicant.
3.2. Requirements from the applicant:
3.2.1. Documents, the submission of which by the applicant for the provision of public services is not provided for by regulations legal acts Russian Federation and the city of Moscow, including documents obtained using interdepartmental information interaction.
3.2.2. Applications for the provision of services not included in the list of services approved by the Moscow Government that are necessary and mandatory for the provision of public services.
3.2.3. Payment of fees for the provision of public services not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
3.3. Violations of the deadline for the provision of public services.
3.4. Refusal to the applicant:
3.4.1. In accepting documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.2. In the provision of public services on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.3. In the correction of typographical errors and errors in documents issued as a result of the provision of public services, or in case of violation of the established deadline for such corrections.
3.5. Other violations of the procedure for providing public services established by regulatory legal acts of the Russian Federation and the city of Moscow.
4. Complaints about decisions and (or) actions (inaction) of officials, state civil servants of the Department are considered by the head (authorized deputy head) of the specified executive body of the city of Moscow.
Complaints against decisions and (or) actions (inaction) of the head of the Department, including decisions made by him or his deputy on complaints received in a pre-trial (extrajudicial) manner, are considered higher authority executive power of the city of Moscow in accordance with paragraphs 5.6, 6 of appendix 6 to the resolution of the Moscow Government of November 15, 2011 N 546-PP “On the provision of state and municipal services in the city of Moscow”.
5. Complaints can be submitted to the executive authorities of the city of Moscow authorized to consider them in accordance with these Regulations (hereinafter referred to as the bodies authorized to consider complaints), in writing on paper, in electronic form in one of the following ways:
5.1. Upon personal application by the applicant (applicant’s representative).
5.2. By post.
5.3. No longer valid on December 9, 2016. - Decree of the Moscow Government dated December 6, 2016 N 814-PP.
5.4. Using the official websites of bodies authorized to consider complaints on the Internet.
6. The complaint must contain:
6.1. The name of the body authorized to consider the complaint or the position and (or) surname, first name and patronymic (if any) of the relevant official to whom the complaint is sent.
6.2. The name of the executive authority of the city of Moscow or the position and (or) surname, first name, patronymic (if any) of the official, state civil servant, whose decisions and (or) actions (inaction) are being appealed.
6.3. Information about the applicant (last name, first name, patronymic (if any) of an individual entrepreneur or name of a legal entity, information about the place of residence (location) of the applicant, contact telephone number(s), email address(es) (if available) and postal address, on which a response should be sent to the applicant).
6.4. The date of submission and registration number of the request (application) for the provision of a public service (except for cases of appealing the refusal to accept the request and its registration).
6.5. Information about decisions and (or) actions (inactions) that are the subject of appeal.
6.6. Arguments on the basis of which the applicant does not agree with the appealed decisions and (or) actions (inactions). The applicant may submit documents (if any) confirming the applicant’s arguments, or copies thereof.
6.7. Applicant's requirements.
6.8. List of documents attached to the complaint (if any).
6.9. Date of filing the complaint.
7. The complaint must be signed by the applicant (his representative). If a complaint is filed in person, the applicant (applicant's representative) must provide an identification document.
The authority of the representative to sign the complaint must be confirmed by a power of attorney issued in accordance with the legislation of the Russian Federation.
The powers of a person acting on behalf of an organization without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as constituent documents organizations.
8. A received complaint must be registered no later than the working day following the day of receipt.
9. Maximum term consideration of the complaint is 15 working days from the date of its registration. The period for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:
9.1. Refusal to accept documents.
9.2. Refusal to correct typos and errors made in documents issued as a result of the provision of public services.
9.3. Violations of the deadline for correcting typos and errors.
10. Based on the results of consideration of the complaint, a decision is made to satisfy the complaint (in whole or in part) or to refuse to satisfy the complaint.
11. The decision must contain:
11.1. Name of the body that considered the complaint, position, surname, first name, patronymic (if any) of the official who made the decision on the complaint.
11.2. Details of the decision (number, date, place of adoption).
11.3. Last name, first name, patronymic (if available) and information about the place of residence of the applicant - an individual entrepreneur or the name of the applicant - a legal entity and information about his location.
11.4. Last name, first name, patronymic (if any), information about the place of residence of the applicant’s representative who filed the complaint on behalf of the applicant.
11.5. Method of filing and date of registration of the complaint, its registration number.
11.6. Subject of the complaint (information about the decisions, actions, or inactions being appealed).
11.7. The circumstances established during the consideration of the complaint and the evidence confirming them.
11.8. Legal grounds for making a decision on a complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.
11.9. The decision taken on the complaint (conclusion on the satisfaction of the complaint or refusal to satisfy it).
11.10. Measures to eliminate identified violations and deadlines for their implementation (if the complaint is satisfied).
11.11. Procedure for appealing a decision.
11.12. Signature of the authorized official.
12. The decision is made in writing using official forms.
13. The measures to eliminate the identified violations specified in the decision include:
13.1. Cancellation of previously made decisions (in whole or in part).
13.2. Ensuring the acceptance and registration of the request, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and their registration).
13.3. Ensuring registration and delivery to the applicant of the result of the provision of a public service (in case of evasion or unreasonable refusal to provide a public service).
13.4. Correction of typos and errors made in documents issued as a result of the provision of public services.
13.5. Return to the applicant cash, the collection of which is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
14. The body authorized to consider the complaint refuses to satisfy it in the following cases:
14.1. Recognition of the appealed decisions and (or) actions (inactions) as legal and not violating the rights and freedoms of the applicant.
14.2. Filing a complaint by a person whose powers have not been confirmed in the manner established by regulatory legal acts of the Russian Federation and the city of Moscow.
14.3. The applicant does not have the right to receive public services.
14.4. Availability:
14.4.1. A court decision on the applicant’s complaint with identical subject matter and grounds that has entered into legal force.
14.4.2. A decision on a complaint made earlier in a pre-trial (out-of-court) manner in relation to the same applicant and on the same subject of the complaint (except for cases of appealing against previously made decisions to a higher authority).
15. The complaint must be left unanswered on its merits in the following cases:
15.1. The presence in the complaint of obscene or offensive language, threats to the life, health and property of officials, as well as members of their families.
15.2. If the text of the complaint (part of it), last name, postal address and email address are not readable.
15.3. If the complaint does not indicate the name of the applicant (the applicant's representative) or the postal address and email address to which the response should be sent.
15.4. If the body authorized to consider the complaint received a request from the applicant (the applicant’s representative) to withdraw the complaint before a decision on the complaint is made.
16. The decision to satisfy the complaint or to refuse to satisfy the complaint is sent to the applicant (the applicant’s representative) no later than the working day following the day of its adoption, to the postal address specified in the complaint. At the request of the applicant, the decision is also sent to the email address specified in the complaint (in the form electronic document, signed with the electronic signature of an authorized official). In the same manner, the applicant (the applicant’s representative) is sent a decision on the complaint, in which only an email address is indicated for the response, and the postal address is missing or cannot be read.
17. If the complaint is left unanswered on the merits, the applicant (his representative) is sent, no later than the working day following the day of registration of the complaint, a written motivated notification indicating the grounds (except for cases where the postal address and email address are not indicated in the complaint email for a response or they are unreadable). The notice is sent in the manner established for sending a decision on a complaint.
18. A complaint filed in violation of the rules on competence established by paragraph 5.4 of these Regulations is sent no later than the working day following the day of its registration to the body authorized to consider the complaint, with simultaneous written notification to the applicant (his representative) about the redirection complaints (except in cases where the complaint does not indicate a postal address and email address for a response or they are not legible). The notice is sent in the manner established for sending a decision on a complaint.
19. Filing a complaint in a pre-trial (out-of-court) manner does not exclude the right of the applicant (applicant’s representative) to simultaneously or subsequently file a complaint in court.
20. Informing applicants about the judicial and pre-trial (extrajudicial) procedure for appealing decisions and (or) actions (inactions) committed in the provision of public services should be carried out by:
20.1. Placing relevant information on the Portal and stands at places where public services are provided.
20.2. Consulting applicants, including by telephone, email, at a personal reception.
21. If, during or as a result of consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider the complaint immediately forwards the available materials to the prosecutor’s office.
If violations of the procedure for the provision of public services of the city of Moscow are identified, the responsibility for which is established by the Code of the City of Moscow on Administrative Offenses, the official empowered to consider the complaint must also send copies of the available materials to the Main Control Department of the city of Moscow within two working days following after the day the decision on the complaint was made (but no later than the working day following the day of expiration of the established federal legislation period for consideration of complaints about violations of the procedure for the provision of public services). Refusal to accept documents necessary for the provision of public services
Refusal to provide public services
1. Non-compliance of the submitted application and other documents necessary for the provision of public services with the requirements established by legal acts of the Russian Federation, legal acts of the city of Moscow, Uniform requirements,Regulations.
2. Submission of documents whose validity has expired at the time of filing the application.
3. Submission by the applicant of an incomplete set of documents necessary for the provision of public services.
4. Submission of documents containing unreliable and (or) contradictory information.
5. Submission of an application on behalf of the applicant by an unauthorized person.
6. The applicant’s application for a permit in the event that a permit has already been issued for the vehicle that is intended to be used to provide services for the transportation of passengers and luggage by taxi and more than 45 working days remain before its expiration date at the time of filing the application.
7. Incorrect completion of required fields in the application form when submitting an application electronically using the Portal.
8. Inconsistency of the color scheme of the vehicle body, which is supposed to be used for the provision of services for the transportation of passengers and luggage by passenger taxi, with the color scheme of the vehicle body established by Article 2.1 of the Moscow City Law of June 11, 2008 No. 22 “On Passenger Taxi in the City of Moscow” ".
9. Application for the provision of a public service by a person who is not a recipient of a public service in accordance with the Regulations.
10. Application and other documents in electronic form, signed using electronic signature not owned by the applicant.
11. The applicant’s request for a public service not provided by the Department.
12. The submitted electronic copies of documents required for the provision of public services are unreadable and (or) do not meet the requirements for the formats for their presentation.
13. Contradiction of documents (information) obtained using interdepartmental information interaction, including the use of Basic Register information, with the documents submitted by the applicant.
