Анастасия Мазова
Zerbor / Depositphotos.com
Московская областная Дума подготовила и внесла в Госдуму законопроект, согласно которому юридические лица и ИП должны будут уведомлять уполномоченные органы не только о начале ведения отдельных видов предпринимательской деятельности, но и о прекращении таковых1. Соответствующее изменение планируется внести в ч. 6 ст. 8 Федерального закона от 26 декабря 2008 года № 294-ФЗ «О защите прав юридических лиц и индивидуальных предпринимателей при осуществлении государственного контроля (надзора) и муниципального контроля» (далее – Закон № 294-ФЗ).
Помимо этого в общих положениях Закона № 294-ФЗ планируется закрепить понятие «реестр уведомлений «. Термин подразумевает под собой информационную систему, открытую и общедоступную, за ведение которой отвечают уполномоченные госорганы с целью учета уведомлений о начале осуществления предпринимательской деятельности.
Дополнительно предлагается скорректировать обязанности Правительства России в сфере документального урегулирования взаимодействия между госорганами и предпринимателями, в частности закрепить функцию по разработке порядка учета уполномоченными органами уведомлений, а также системы исключения сведений из реестра уведомлений (ч. 8 ст. 8 Закона № 294-ФЗ).
Как отмечается в пояснительной записке к законопроекту, такие поправки особенно актуальны будут для предпринимателей, деятельность которых связана с техническим обслуживанием, ремонтом, диагностикой внутридомового и внутриквартирного газового оборудования, поскольку органы местного самоуправления используют информацию из реестра уведомлений для проведения конкурсных отборов.
В настоящий момент, напомним, юридические лица и ИП должны подавать уведомление в уполномоченный орган в соответствующей сфере деятельности только в случае:
начала осуществления определенного вида предпринимательской деятельности;изменения места нахождения или места фактического ведения деятельности юридических лиц;смены места жительства ИП;реорганизации юридического лица (ч. 5-6 ст. 8 Закона № 294-ФЗ).
Порядок такого уведомления урегулирован Постановлением Правительства Российской Федерации от 16 июля 2009 № 584 «Об уведомительном порядке начала осуществления отдельных видов предпринимательской деятельности».
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1 С текстом законопроекта № 1151171-7 «О внесении изменений в Федеральный закон «О защите прав юридических лиц и индивидуальных предпринимателей при осуществлении государственного контроля (надзора) и муниципального контроля» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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