Under what circumstances can a license or permit be suspended or revoked by law? We mentioned these cases in our article.
Suspension of license or permit
The license and permission shall be suspended in the following cases:
- when the relevant application is submitted by the license (permit) holder;
- if the license holder fails to comply with the instructions of the permit and licensing authority and the relevant control authority regarding the elimination of violations of permit and license conditions;
- by legislation in other specified cases.
Permit and license are suspended by the administrative act of the relevant authority. The administrative act must also specify the period of suspension of the license and the circumstances that give rise to the suspension. In the administrative act on the suspension of the permit and license on the specified grounds, the measures to be taken and their results should be indicated in relation to the elimination of the circumstances that caused it.
Termination of the right to perform any subtype of the type of activity specified in the license does not prevent the implementation of other subtypes of this type of activity.
The holder of the license (permit) must eliminate these cases (2nd and 3rd grounds) before the period of suspension of the permit and license expires and inform the relevant authority in writing about the result within 3 working days.
Permits and licenses suspended on the 1st basis mentioned above are restored by the relevant application of the license holder, and permits and licenses suspended on the 2nd and 3rd grounds are restored by the administrative act of the relevant authority based on the written information provided by the licensee regarding the elimination of these cases.
The administrative act on the suspension and restoration of the permit and license shall be submitted to the license holder or sent by mail within 2 working days from the day of its acceptance.
The holder of the license or permit can appeal the administrative act on suspension in an administrative manner and to the court.
Revocation of license or permit
A license or permit shall be revoked in the following cases:
- when the holder of the license (permit) submits an appropriate application for the cancellation of the license;
- when the legal entity, representative office, branch of a foreign legal entity that is the owner of the license (permit) is liquidated;
- when the individual entrepreneur activity of the natural person who is the owner of the license or permit is terminated;
- if there is a court decision;
- when the license (permit) expires;
- when incorrect information is later found in the documents submitted during the issuance of the license and permit;
- if written information is not provided to the authorizing body regarding the issues defined by the legislation;
- when the permit and type of activity specified in the license are removed from the list of types of activity requiring a permit;
- when the payment of the state fee determined for the issuance of the license and permit is required, if the document confirming the fact of payment is not submitted to the relevant body within the period stipulated by the legislation;
- in other cases established by law.
The license and permit are revoked by the relevant body with an administrative act, referring to the above-mentioned cases (with the exception of the case of a court decision). Within 2 working days from the day of receipt, the administrative act is presented to the license holder or sent by mail.
Termination of the right to perform one or more subtypes of the type of activity specified in the general license in the above cases (except for cases 2 and 3) does not prevent the implementation of other subtypes of the type of activity specified in that license.
The owner of the license or permit can file an appeal against the administrative act to the court.
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SEE ALSO: Liquidation, creation and reorganization of a legal entity
