The license was extended after an appeal to the Moscow Business Ombudsman
Only after an appeal to the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region, Vladimir Golovnev, the license was extended to a Moscow Region security company.
In March last year, the management of the security company submitted an application to the Main Directorate of the Federal Service of the Russian National Guard of the Moscow Region to extend the validity of the license with the necessary documents attached to it in accordance with the established procedure and in due time. The application was registered and accepted for consideration on the Unified Portal of State and Municipal Services.
There was no information that it was necessary to eliminate any violations or provide missing documents to the organization.
"Acting reasonably and expecting the same behavior from the licensing authority, the Company considered the application for the extension of the license and the documents attached to it the sufficient one, duly executed and in full, and the administrative procedure for verifying the completeness and reliability of the information occurred, in accordance with the established procedure and without suspension," commented the head of agency.
In addition to the documentary, an on-site inspection was carried out, according to the results of which no violations of mandatory requirements were revealed, there were no facts of non-compliance with the instructions to eliminate violations of mandatory requirements. Accordingly, the validity period of the Company's license could be extended.
But that didn't happen. After 49 days from the date of submission of the application, in violation of paragraph 8 of the Administrative Regulations of Part 4 of Article 11.4 of the Law "On Private Detective Activity in the Russian Federation", which states that the decision to extend or refuse to extend the license is made within no more than 30 working days from the date of admission, and not from the date of registration or from the date of acceptance of the application for consideration, the security company has received a Notice of refusal to extend the validity of the license due to the termination of its validity.
Moreover, an unscheduled inspection of the Company for carrying out licensed activities without a license was carried out by the employees of the Russian National Guard in the Moscow Region. The order to conduct this inspection was not presented to the management of the security company for review, the inspectors did not draw up any document on its results. The management of the organization turned to the Moscow Business Ombudsman for the protection of their rights and legitimate interests.
With the assistance of the Prosecutor's Office of the Moscow Region, a prescription was made to the head of the Main Department of Russian Guard in the Moscow Region. However, this did not have any effect, and the Company filed a claim to the court.
In November 2021, by the decision of the Arbitration Court of the Moscow Region, which entered into force, the order of the Main Department of Russian Guard for the Moscow Region on the refusal to extend the validity period of the license to carry out private security activities was invalidated and canceled. At the same time, until February, the licensing authority was in no hurry to restore the violated rights of the security agency.
At the beginning of February, at the request of Vladimir Golovnev, the Moscow Region Prosecutor's Office conducted an inspection, according to the results of which, in connection with the revealed violations of the requirements of the legislation on the implementation of state control (supervision) and on private detective and security activities in the Main Department of Russian Guard in the Moscow Region, two officials of the Main Department were brought to disciplinary responsibility.
On February 22, the licensing authority decided to extend the validity of the license for private security activities in respect of the applicant for a period up to 04.21.2026.
"On the one hand, the authorities simplify the procedures for approving and prolonging licenses and permits, making them more transparent and understandable for entrepreneurs. On the other hand, when the question concerns performers, the problems often comes out of nowhere. If we demand strict compliance with the law from business, then the authorities themselves must be consistent and not create unnecessary obstacles for those who, in the current difficult conditions of sanctions, ensure the economic security of our country and the Moscow Region, in particular. Entrepreneurs should be focused on preserving their business, on preserving jobs, and not on a senseless fight against "windmills," the Commissioner commented on the appeal.
"The current anti-crisis measures, which provide for automatic renewal of licenses, this year will reduce the burden on entrepreneurs and reduce their costs. I am sure that this year officials of departments will learn to treat business representatives more carefully, and in the future such situations will not be repeated", Vladimir Golovnev summed up.