What documents are needed for private transportation? How to start a private cab service. What do I need to do

After the legislation known as the Taxi Law came into force, many carriers began to think about obtaining a license. After all, such a license is a key requirement of this law, aimed at improving the quality of services and safety in general.

The Law “On Taxi” came into force only last year, but has already entailed significant changes.

Fine for private transportation without a license in 2016

Along with the adoption of the law, the size of the fine was also tightened. So, starting from 2016, a carrier who does not have the appropriate permit must pay 30 thousand rubles (previously this amount was 5 thousand). If the offense is committed again, that is, there is a relapse, the amount of the fine will not change, but the offender will be additionally deprived of his driver’s license for six months.

Legalization of taxis and types of licenses

With the adoption of the “Taxi Law”, the rules for “bombili” (illegal carriers) were also tightened, since it follows from the document that now a taxi is not a way to earn extra money, as it was before, but a full-fledged job, involving various social guarantees and design work book. Activities can only begin when the individual entrepreneur or legal entity receives the appropriate permission. From this point of view, a taxi license can be of two types:

with individual entrepreneurship;
without individual entrepreneurship.

It turns out that federal legislation has abolished the concept of “private owners.” This means that a taxi license is required.

Note! However, a conflict may arise here with other legislative norms providing for installation and adjustment regulations issuing licenses without individual entrepreneurs, which, in turn, contradicts the main law.

In practice, working without an individual entrepreneur means working for an enterprise, which can be a legal entity. person and individual enterprise. Simply put, such taxi drivers are, in fact, hired workers employed by a company who have received the right to carry out freight or passenger transportation.

Key Requirements

There are certain requirements for the vehicle and the taxi driver themselves that they must meet in order to obtain a license. These requirements include:

driving experience of at least five years;
taximeter;
markings on the car body, in other words – “checkered”;
a special lampshade, equipped with the same “checkers” and backlit in yellow/orange.

Now let's find out how to get a license. There are only two options.

Option #1. Obtaining a taxi license with an individual entrepreneur

First you need to register individual entrepreneurship. There is nothing complicated here, but you should follow the algorithm below.

Stage one

Visit tax office at the place of registration. There you must present the original passport, as well as copies of all its pages. In addition to registering as an individual entrepreneur, you also need to pay a state fee for registering documentation and provide documentary evidence of payment. The receipt can be:

receive upon payment;
print from the official Internet resource of the tax office.

To pay, you can visit any of the Sberbank branches, and the receipt must be attached to the main list of papers.

Note! You should be especially careful when filling out the application. Use sample applications - they should be on the information desks. Any corrections are unacceptable, so if an error is made, the application will have to be rewritten.

Further processing will last a maximum of five days, after which visit the taxpayer’s account, register there and get access to track payments, debts and receive assistance online. When the registration procedure is completed, ask the employee who issued the documents when and what taxes should be paid, as well as what documents are needed for reporting. With absence additional conditions The list of taxes that must be paid will look something like this:

transport tax;
pension contributions.

The tax office will inform pension fund on the formation of an individual entrepreneur. You will receive an email notification about this. After this, open an account at any banking institution and notify the tax office about it. If you do not do this within three days, you will have to pay an additional fine of 5 thousand rubles.

Don’t forget about printing - it’s not necessary now, but it can make life much easier (this will require another thousand rubles).

Stage two

After this, proceed directly to obtaining a license. To do this, visit the authorized body - there is one in each specific region, but in most cases it is the regional Ministry of Transport. To find out exactly about this, call the city administration, where you will also be informed about the operating hours of the authority.

Once you find out where to get a taxi license, call them and clarify the following points.

What documents are required to obtain a license?
What is the amount of the state duty, where can I get a receipt?
What are the registration conditions for your region?

Having done everything necessary, you will receive a permit, which will become valid five days from the date of receipt. Typically, registration of an individual entrepreneur in this case is not necessary - you can, for example, organize an LLC.

Option #2. How to get a taxi license without an individual entrepreneur

The receipt procedure here is not much different from that described above, except that you do not need to visit the tax office and complete the steps of the first stage. Contact the permitting authority to find out what needs to be done/provided and follow the instructions.

How much does a taxi license cost?

Now let’s look at how much it will cost to obtain a transportation license. The main difficulty here is that federal legislation does not establish the exact cost of this document, and in the Tax Code of the Russian Federation there is no fee for its preparation. For this reason, registration is established at the regional level - in other words, the cost of a license in each specific region is different.

Note! As a rule, this is about 5 thousand rubles, but in some cities (for example, Moscow) this amount can reach 10 thousand.

In addition, there are various companies that provide license registration services, for which a certain fee is charged (regular or one-time).

Important points. What should the license contain?

After completing all the above steps, you will be issued a permit, which will contain the following information:

FULL NAME.;
passport number/series;
license plate number, make and model of the vehicle;
full name of the authority that issued the permit;
license validity period;
its serial number;
place/date of issue.

Bottom line

As a result, we note that starting a legal business is not difficult. But do not forget that if you want to work only “for yourself” and on your own machine, you will not be able to get a license without an individual entrepreneur. First, you will need to register as an entrepreneur, and then pay all necessary taxes.

Advice from an Expert - Business Consultant

Photos on the topic

In our country, on September 1, 2011, the law “On Amendments to Certain Legislative Acts” came into force Russian Federation" Its task is to legalize the private transportation market and make it safe. And if previously any driver who owned a car could engage in private transportation, now such activities are permitted by passenger taxis that have the necessary permit. Just follow these simple ones step by step tips, and you will be on the right track in your business.

Brief Step-by-Step Business Guide

So, let's get down to action, setting ourselves up for a positive result.

Step - 1
Remember that private transportation is only possible if certain requirements are met. You must register a legal entity or register as an individual entrepreneur and obtain a permit to carry out this type of activity, valid for 5 years. However, this permit is valid only in the region where it was obtained, and you will have to obtain a separate permit for each vehicle. Having done this, move on to the next steps.

Step - 2
In addition, you will be able to engage in private transportation if your driving experience is at least 5 years or your experience is at least 3 years, confirmed by employment or civil contract. Having done this, move on to the next steps.

Step - 3
If you are going to engage in private transportation, then prepare an appropriate vehicle. It must meet the established requirements: - must be in your private property;
- must undergo a technical inspection every six months;
- must have a color scheme on the body;
- there should be an orange lantern on the roof;
- the car must be equipped with a taximeter. Having done this, move on to the next steps.

Step - 4
In order to obtain permission to engage in private transportation, you need to contact the transport inspectorate at your place of residence and submit the following documents: - application for a permit;
- technical passport with a mark of completion technical inspection;
- passport;
- driver’s medical certificate;
- driver's license;
- contract for parking and repair of a vehicle;
- certificate of registration as an individual entrepreneur or legal entity. Having done this, move on to the next steps.

Step - 5
You will be issued a permit within 30 days. Remember that without it you are breaking the law and risk receiving a fine of 5,000 rubles. Therefore, if you are planning to engage in driving, then take care in advance of obtaining permission, preparing receipt forms, as well as identification marks for a passenger taxi.
We hope the answer to the question - How to start a private cab service - contained useful information for you. Good luck! To find the answer to your question, use the form -

Since 2011, a law has come into force that is aimed at clearing the capital’s roads of illegal carriers, the so-called “bombs”. Many illegal carriers, who earned extra money using their own cars, were very unhappy with this course of events, but in the end they reconciled. Most of them have ceased their activities.

Even today many, so to speak, do not admire this law, complaining about the violation of their freedom. It seems like any car owner can give people a lift, and what’s wrong if he receives a reward for it?

In fact, if you delve even a little into the essence of the issue, you can understand that providing such a service as transporting citizens is quite accessible to any driver, but everything must be done within the framework of the law.

Today, any car owner can register as an individual entrepreneur and legally engage in private transportation.

What do I need to do?

First, let's choose a tax system. For small businesses and private transportation running your own car is the smallest business you can imagine; there are three most suitable options: simplified tax system, UTII and patent. These special regimes will be very convenient for you, as they simplify accounting and significantly reduce the tax burden.

Next, you need to decide on the type of activity (select the OKVED code). There is a special reference book for selecting these codes. It is recommended to select several codes that suit your activity.

Once you have decided on these points, you can begin collecting documents. The package has the following list:

Passport, photocopy of passport or a copy certified by a notary;

Application for state registration. If a package of documents is sent by mail or courier, this application must be notarized;

Be sure to attach a receipt confirming payment of the state fee;

Copy of TIN;

Notification of the application of the simplified tax system in duplicate.

If your representative will submit the documents, you will also need to prepare a power of attorney.

A few words about how you can significantly save time on at this stage. It's quite simple. You need to shift this responsibility to a third-party lawyer who is involved in registering an individual entrepreneur. Here you will need very little time, since the specialist will prepare the documents himself and submit them to the tax authority.

When the documents are ready, do not rush to go on your first flight right away. There are two more stages ahead.

To transport citizens and luggage by taxi in the capital, you need a permit. This permit can be obtained from the Department of Transport. And here again you need to prepare a small package of documents:

Application for a license;

A copy of your passport and a copy of the certificate of registration of you as an individual entrepreneur;

Extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs;

A copy of documents confirming the availability of appropriate transport. The car can be rented.

The permit is issued for five years. But that's not all.

In addition to all licenses, you need to equip your car in accordance with the rules for transporting passengers.

What should be in a car?

1) Basic information about the carrier on the front panel of the car, on the driver’s right.

You must specify:

Name of the enterprise, for example, “IP Vasiliev”;

Terms of payment for services;

Business card with a photo of the driver;

Department of Transportation contact information.

2) A color scheme indicating that “you” are a taxi (checkers on the sides).

3) Orange identification lamp (can be removable).

Your car meets the basic requirements, you have all the documents in hand and you can go on your first trip.

A few words about finding clients

A good driver will always find clients. However, often the number of clients is insufficient and, after going on a flight, you can stand in vain or travel all night. There is a way out here too.

In any season

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Friends, we are very sorry, but instead of announcing excursions, here for now there will be information that due to quarantine, excursions are canceled. The Moscow government banned gatherings in groups of any size on the street, while allowing gatherings indoors. Of course, we could switch to indoor lectures, but it’s better to protect your health!

During the quarantine we will conduct online lectures on our youtube channel Walks around Moscow.

The quarantine will pass and we will walk around Moscow again) Stay with us!

Thursday, March 29, 2012

When we read books about Moscow, we constantly see cab drivers mentioned there - vaneks, reckless drivers. Who were they? In addition, there are many means of transportation - strollers, chaises, droshky, calibers, cabs, and so on. How were they all different from each other? Let's try to figure this out and trace the history of private cab service in pre-revolutionary Moscow.

Urban transport in Russia in past centuries was in the hands of cab drivers. A cabman is a driver who works for hire. Once upon a time, his earnings were profitable and, compared to other professions, quite significant. But little by little the tram, car and bus drove him out of the city. In Moscow in 1645 there were about 2 thousand, in 1775 - 5 thousand, in 1838 - 8 thousand, in 1895 - 19 thousand, in 1914 - 16 thousand, in 1928 - 5 thousand, in 1939 - 60 thousand (!).

As a rule, cab drivers were people from the lower classes - mostly former peasants who went to the city to earn money, but never found a place in factories, factories, trading enterprises, retired soldiers, etc.
There was a great demand for them, so it was necessary to introduce parking lots, license plates, an ordering system and tariffs. There were no uniform tariffs for paying for the services of cab drivers, and everyone asked the passenger as much as he wanted and then they bargained.

Rules were prescribed for all cab drivers, for violation of which penalties were applied:
— The cab driver had to have his own license plate.
— The license plate should have been nailed in the appropriate place.
- Stop only in certain places.
— The crew had to be clean and unbroken.
— The cab driver’s caftan had to be in decent shape.
In addition, they had to undergo a police inspection of the crew, after which, if everything was in order, certain seals were placed.
There were also age restrictions for cab drivers - from 18 to 65 years. A special line meant that the driver must be sober. This requirement was not met everywhere, especially in winter.

B. Kustodiev. "Carrier (reckless driver)"

Types of cab drivers
City cab drivers were divided into vaneks, reckless drivers and something in between - lively ones. Vanka was a semi-impoverished peasant who came to work in the city, usually in the winter, as Nekrasov put it, on a “torn and starved nag” and with the appropriate cart and harness. The reckless driver, on the contrary, had a good, playful horse and a smart carriage.

Vanka
The “Vankas” were the most powerless; there were always plenty of people willing to make money at their expense. The “traditions” of the modern traffic police did not arise out of nowhere. The writer of everyday life in Moscow, Evgeniy Ivanov, in his book “Apt Moscow Word,” cites the sorrowful exclamation of a “vanka” cab driver: “Every day is a city expense. Here are some heavenly statues!” A significant part of the “vanka’s” income was handed over daily to the owner of the cab with whom they were stationed. Moreover, the amount was usually fixed. The arrears were registered with the cab driver, and he often returned to his native village not with a profit, but with debts.

Reckless
At the other pole of the cab driver hierarchy were the “reckless drivers.” They had good, well-groomed horses, varnished carriages, often with tires. Reckless people, as a rule, worked for themselves, counting on wealthy clients. Officers, gentlemen with ladies, rich merchants, etc. rode “reckless cars.” They were also hired by various adventurers and rogues who needed to “show off” or quickly leave somewhere. The “reckless drivers” appeared on the streets by lunchtime, but worked all night. Theaters, restaurants, hotels - these were the main points where they waited for their clients. For a “fun” trip, the “reckless driver” asked for at least 3 rubles, while the “vanka” took 30-70 kopecks for the trip. The “reckless” could afford to choose a rider, but his earnings were significant; rich gentlemen who left for a party with actresses after the theater did not skimp, and often rented a carriage for the whole night. Carriages with a convertible top were valued; in them, tipsy gentlemen and ladies could not be afraid of immodest glances. Among the cab drivers, the “darlings” or “pigeons with ringing”, who had melodious bells on their carriages, were considered a kind of aristocracy. And their name comes from the famous coachman’s cry: “Eh, pigeons!”

Clothes and uniforms of cab drivers

The costumes of cab drivers were established by orders of the city government. They wore an awkward caftan “on the forfeits,” that is, with two gathers at the back, belted with a stacked belt, and a poyark hat with a buckle, which they inherited from the old guild styles of the early nineteenth century. Reckless drivers loved to be dandy, trimming their uniforms with piping from expensive fox fur and dressing up in winter instead of the usual lambskin hat for the profession in a real “beaver”.
The drays had Russian shirts, vests, large aprons and caps in the summer, and in the winter the same hats and “spinzhaki”, or cotton jackets. The oldest suit was a caftan, but with an incredibly stuffed hemp and a back “lined” with fur longitudinal furrows. From such an outfit, the cab driver who came from the box looked like some kind of phenomenon of Hottentot build.
The license plate was previously worn on the back, near the gate, and only later began to be nailed to the front and rear of the carriage.

B. Kustodiev “Carriers”, 1920.

Types of crews
Crews used various forms: strollers and carriages of several types, chaises, droshky, rulers, etc. In Moscow they even introduced by order of Governor General D.V. Golitsyn a certain type of crew, the so-called “caliber”. But this innovation was not widely used.

Strollers
The carriages were quite simple and lightweight. Unlike carriages, their body was open, but with a folding top. Carriages were usually harnessed by two or three horses, but very rich people, like Troekurov in Dubrovsky, Andrei Bolkonsky in War and Peace, or the governor’s daughter in Dead Souls, rode six in a carriage.
Gogol's story “The Stroller” is well known, in which guests discover the owner hiding from them in his new stroller. In Chekhov's story “Enemies,” the difference between a carriage and a carriage serves as an important characteristic of the social and moral differences between the characters. A rich landowner picks up a doctor in a wheelchair. When it turns out that the call was false and unnecessary, the doctor, whose son has just died, expresses his indignation to the landowner, after which he orders the footman: “Go, tell this gentleman to give him a carriage, and tell him to lay down a carriage for me.” The carriage emphasized the material superiority of the landowner over the doctor.

Stroller

Varieties of smart city strollers with an opening top were the phaeton and the landau.
Lando (via French landau from German Landau(er)) is a light four-seater carriage with a roof that folds forward and backward. The name comes from the name of the city of Landau in Germany, where carts of this type were invented in the 18th century.
Comfortable landaulets with springs and sometimes pneumatic tires have always been considered luxurious, “ladies’” carriages. They are still used as fiacres and on ceremonial occasions.
Passenger seats are arranged in two rows facing each other.
The design of the landau did not allow passengers to control the horse and therefore a coachman was required.
Both soft rotating roofs and hard removable elements were used.

Okay with the roof folded and folded.

Chaises
A britzka is a light four-wheeled carriage known since the 17th century for transporting passengers. The body could be either open or closed and was mounted on two elliptical springs. The top was made of leather, wicker or wood, and sometimes it was insulated; There were models without a top.
Although the chaise was quite light, it could easily withstand long trips - as can be judged by the chaise in which Chichikov rode around Rus'. In the Chichikov chaise, the top of the body, that is, a kind of tent over the rider, was “drawn from the rain with leather curtains with two round windows designated for inspection road views" The footman Petrushka sat on the box next to the coachman Selifan. This britzka was “quite beautiful, with springs.”

Britzka.

A chaise was harnessed to one or a pair of horses. The coachman could sit on the box or next to the passenger.
For a long time, the antediluvian springless chaises did not disappear - the boy Yegorushka rides in this one in Chekhov’s “Steppe”.
Nowadays, a chaise is called a simple one-horse light cart.

Droshky
The droshky got its name from the drozhki described above - long bars connecting both axles. Initially, it was a very primitive cart: you had to sit on top or sideways on a board placed on top. Drozhki of this kind were sometimes called shakers. Later, the droshky was improved and acquired springs and a body. Such droshky was sometimes called a stroller, due to its similarity. But neither the old nor the more advanced droshky were used for driving over particularly long distances. It was predominantly an urban crew. The mayor in “The Inspector General” goes to the hotel in a droshky, Bobchinsky is ready to run after him like a cockerel, curious to look at the inspector. In the next act, the mayor rides in a droshky with Khlestakov, but there is not enough room for Dobchinsky... Gogol's old-world landowners had a droshky with a huge leather apron, from which the air was filled with strange sounds.

Droshky.

Flyovers
The city's cab driver's droshky was called proletka and soon shortened its name to the word "PROLETKA". Such a light two-seater carriage with springs and a lift-up top could be seen in the cities of the USSR back in the 1940s. The expression “to ride in a cab” meant “to ride on a cab driver’s carriage”, in winter - on a cab driver’s sleigh of a similar design.

Cab driver on a cab. 1898

One of the last flyovers, 1920s.

Calibers
Spring carriages did not appear until the 1840s. Before that, cab drivers had caliber droshkys, or simply caliber. On such tracks, men rode on horseback, women sat sideways, since it was a simple board laid on both axles, with four primitive round springs. The single caliber was called a guitar - due to the similarity of the shape of the seat. The cab drivers were waiting for their riders at the exchanges - specially designated paid parking lots. Describing a St. Petersburg morning in “Eugene Onegin,” Pushkin does not miss this detail: “...A cabman is pulling to the stock exchange...”

Single caliber.

Rulers
A ruler was originally a simple long droshky with a board for sitting sideways or on top, and if the board was wide enough, on both sides with their backs to each other. The same one-horse carriage is called a long-shaking carriage in Saltykov-Shchedrin’s Poshekhonskaya Antiquity, and in L. Tolstoy’s Anna Karenina it is called a roller, on which Levin’s guests go hunting.
Later, the ruler began to be called an urban or suburban multi-seat carriage with benches on both sides; passengers separated by a partition sat sideways in the direction of travel, with their backs to each other. City routes were equipped with rain canopies.

Line in Moscow. 1890s.

According to the number of horses of city drivers, carts can be divided into those driven by one horse, twos and threes. Fours, sixes and eights were used mainly outside the city.

Troika
Troika is an old Russian horse team. The troika was invented for fast driving over long distances.

This is the only multi-gait harness in the world. The root horse - the central horse - should walk at a fast, clear trot, and the trailing horses - the horses on the side - should gallop. At the same time, it develops very high speed 45-50 km/h.

The mechanism of the troika is that the root horse, walking at a wide, sweeping trot, is, as it were, “carried” by galloping harnesses, fastened to the root horse with lines. Thanks to this, all three horses tire more slowly, but maintain a high speed.

Troika appeared and received its current name about 200 years ago. According to the rules that existed at that time, when transporting passengers in postal wagons, it was possible to harness three horses only if there were three people. Two or one had to ride a pair of horses. Bells and bells were only allowed to be hung on postal troikas and courier carriers carrying important state dispatches. In tsarist times, in addition to important gentlemen, troikas were used by postmen (postal troika), firefighters and anyone who needed fast speed for a long period of time. Troikas were often harnessed on days of weddings and other holiday celebrations, when the coachmen could “cool” and let even a root horse gallop.
The usual horses for the troika were small and unprepossessing, but very hardy Vyatka horses. Richer people got a trio of stately and large Oryol trotters. The best three is a three, where all the horses are matched to the same color, and the horseman is noticeably larger in stature and has a higher harness.

And now, in conclusion, interesting stories from newspaper chronicles, various incidents with cab drivers that occurred at the beginning of the twentieth century.

January 3 (December 21), 1902:
Moscow cab drivers, whose stock exchange is located on Dmitrovka in the evenings, recently celebrated, and as they say with great “pomp,” the anniversary of their colleague Efim Bystryakov. The original hero of the day is 74 years old and has been traveling through Moscow streets without any break for 60 years. A much significant feature of the venerable driver is the fact that during his many years of work as a cab driver he did not drink a single glass of vodka. Bystryakov amassed a small fortune for himself, in the form of a small estate near Moscow, which is about 30 years old. ago it was purchased for 1,500 rubles, and now it is valued at 15,000 rubles.

June 07 (May 25), 1911 June 07 (May 25), 1911. From near Moscow.
Tsaritsyn cab drivers, having agreed among themselves, set extremely high prices for travel from the station to the dachas. The summer residents filed a complaint with the local improvement society. The latter filed a petition with the district zemstvo government, asking it to establish a tax for unbridled cab drivers. This petition met with sympathy. In addition to Tsaritsyn, the administration plans to introduce the same fee in other dacha areas.

Murder of a cab driver by a sentry. January 17 (04), 1911
At 3 o'clock in the morning on January 1 in the Kremlin, at the main entrance of the Kremlin Palace, the grenadier of the 10th company of the 4th Nesvizh Grenadier Regiment Vasily Khlapov, who was standing there on guard, killed a passenger cab driver with a rifle shot, cr. Mikhailovsky U., Ivan Semenov Kiselev. 28 l., under the following circumstances. The latter, driving along Dvortsovy Proezd, stopped at the main entrance, got off the sleigh and, being in drunk, began to ask the sentry for money for vodka. The sentry asked the cab driver to move away from him, warning that he would shoot. Kiselev did not comply with the demand and began to take the rifle away from the sentry. During the struggle, the latter began to blow signal whistles, calling for help, but they were not heard. Seeing that there was no way to get rid of the drunk driver, Khlapov warned three more times that he would shoot, and when Kiselev continued the attack and struggle, intending to grab the rifle, Khlapov fired and killed the driver outright.

Robbed by a cab driver. January 6 (December 24), 1911
On December 22, at 7 o’clock in the evening, who came from the provinces to Moscow to buy goods, Podolsky meshch. Stepan Fedotov dozed off on a cab and woke up near the Annenhof Grove, where it turned out that the cab driver had taken his wallet with 600 rubles, a passport and various bills, pushed the sleepy Fedotov off the sleigh and disappeared.

“Exemplary” street barriers. April 09 (March 27), 1910
March 25, at 10 pm, passenger cab driver. Ivlev, driving with E.N. Opochinin along Dolgorukovsky Lane, ran over a wooden box that covered a large hole formed as a result of a collapse. The box flew to the side, the horse fell into the pit, the carriage overturned on Mr. Opochinin, who flew out of it, and crushed Ivlev. With severe bruises to the body, both victims were sent to the emergency room of the Tver police station.

Avenger cab driver. July 01 (June 18), 1909.
Yesterday, at 5 o'clock in the afternoon, on the corner of Tverskaya and Leontievsky lanes, random passers-by witnessed an unusual incident: contrary to established practice, it was not a car that ran into a cab driver, but a cabman that ran into a car turning from Tverskaya into Leontievsky lane.
The hit of the dashing cab driver was so strong that the glass in the car shattered and the tires were damaged. The driver escaped safely; neither himself nor the carriage were injured.
A crowd of curious people gathered at the scene of the incident. Witties and jokes were heard at the address of the ill-fated car.
The cab driver was unexpectedly delighted:
- You can’t all push our brother!
Someone from the crowd said:
- Avenger cab driver!
Policemen rushed to the scene:
- Gentlemen, leave! Please don't stop!
The gentlemen dispersed and the police wrote down the numbers of the cab driver and the car. The latter puffed and moved to the laughter of passers-by.

March 31 (18), 1909
A six-year-old boy, Sergei Surkov, was playing along Babyegorodsky Lane and decided to go for a ride. A cab driver drove by. The boy grabbed onto the rear axle of the carriage. At the turn, Surkov's frantic scream was heard.
The driver stopped. The unfortunate boy was taken off the carriage with a broken leg.
He was sent to the Morozov hospital for treatment.

Text and selection of old materials: Alexander Ivanov

The fight against “bombs,” as illegal taxi drivers have long been dubbed by the people, in Lately has intensified significantly. Perhaps with the arrival of Mr. Liksutov to the post of Deputy Mayor of Moscow, perhaps not, however, as it became known, since March 2012. During operational and preventive measures, capital police seized more than 400 cars from illegal taxi drivers. The cars were placed in special parking lots. And no one has ever figured out whether the cars were taken legally, whether there are legal grounds for the seizure of vehicles, and how those same illegal immigrants were caught? The question remained closed until recently, until the following happened.
By the way, in parallel, the Moscow authorities continue to work on legalizing the “black cab” market. Motorists wishing to obtain a taxi driver's license can contact the authorities.
The essence of this struggle, the struggle against so-called private traders, as practice shows, has resulted in such lawlessness and arbitrariness that even I, who have experienced legal issues man, caused great outrage. Have you come to meet a girl at the metro? Are you waiting for a friend? Just stopped and sitting in the car? Then we go to you! Always yours!! We are taking care of you! No, this is not competition, this is a fight against bombers in a new way, without evidence, only on the basis of the testimony of PPS employees, which the world judges (including m/s 369 s/u of Moscow) have no reason not to trust!

Dispute category: O attracting a person according to Part 2 of Art. 14.1 of the Code of the Russian Federation on Administrative Offensesfor illegal private transportation.

Interested party: Inspector of the Police Department of the Main Internal Affairs Directorate for the Central Administrative District of Moscow

Accused: Mr. X (representative - lawyer MJS DEFENSE)

Resolution of the magistrate of first instance:

Find citizen X guilty of committing an administrative offense under Art. 14.1 part 2 of the Code of the Russian Federation on Administrative Offences, and impose a fine in the amount of 2,000 (two thousand) rubles and also recognize as legal the retention of the vehicle of the culprit for 30 calendar days.

The decision was appealed to a higher court . By the decision of the Tverskoy District Court, the decision magistrate 369 s/u Moscowcanceled , the proceedings against the accused were terminated.

Brief summary of the matter:Citizen X came to pick up his friend, who was celebrating a corporate party in one of the restaurants in Moscow late at night. He was a reveler himself and asked to meet him in his own car. At the indicated time, leaving the restaurant, he did not find his
his friend or his car. It turned out that as part of the program to combat illegal taxi drivers, carried out by the Main Department of Internal Affairs of the Moscow Police Department, a greeter who, to his misfortune, also had an Asian appearance and a non-Slavic dialect, fell under the hot hands of law enforcement officers along with illegal taxi drivers.

As a result, the car was detained for 30 calendar days, protocols were drawn up, and the case was transferred to the magistrate 369 s/u of Moscow. Despite all the arguments of the accused and his defense lawyer, the judge found Citizen X guilty of committing an offense, with the favorite formulation “there is no reason not to trust the testimony of a police officer.” It is worth noting that there is not a single piece of evidence confirming illegal importation, and the fact of systematic (repeated) provision of services (illegal entrepreneurship) has not yet been proven. After filing a complaint against the decision of the court of first instance The magistrate's ruling was overturned as illegal and unfounded, the case against the accused was dismissed.

Lawyer's comment: Entrepreneurship, entrepreneurial activity - economic activity aimed at systematically generating profit from production and/or
sales of goods, provision of services. For this purpose, property, intangible assets, and labor of both the entrepreneur himself and those brought in from outside are used. There are no guarantees that the money spent will be recouped, that the product produced will be sold at a profit. This involves the risk of loss of all or part of the property. Illegal business - an act that is criminal according to Article 171 of the Criminal Code of the Russian Federation. Legal business activity is carried out in the Russian Federation, subject to state registration a citizen as an individual entrepreneur or creating a legal entity in accordance with the established procedure. Accordingly, it is illegal to carry out entrepreneurial activity without registration or in violation of registration rules. Thus, to establish the fact of illegal business, it is necessary:

1) Each fact of making a profit must be proven documented (usually a test purchase) with the direct transfer of money in the presence of witnesses and establishing the purpose of the transferred money. Without establishing this fact, other facts are not recognized as valid.

2) The systematic nature of profit-making must be established (2 or more times a year, since in civil legislation there is no concept of systematicity-regularity, there is intax legislation this concept (twice or more during calendar year) given in Art. 120 of the Tax Code of the Russian Federation and is used to hold organizations accountable for gross violations of the rules for accounting for income and expenses and objects of taxation.). If only the first fact is proven, the activity cannot be recognized as entrepreneurial, since it is the systematic nature of making a profit that is implied by entrepreneurial activity.

In addition, even in the case of transferring money, it is worth distinguishing the purpose of the transferred money. If it’s money for a service, that’s one thing; if it’s a donation or a gift, that’s something else entirely. You cannot prohibit accepting gifts or accepting donations. Due to these and many other circumstances, proving illegal business is always very difficult, and often simply impossible. In any case, one cannot neglect the fact that an adequate police officer will come across. Be sure to call your lawyer if you find yourself in a similar case and get advice in order to avoid problems in the future. In this case, the Moscow City Internal Affairs Directorate will be obliged to compensate for the damage incurred for the illegal actions of incompetent police officers.

Judicial acts:

Indictment:

Administrative case No. 5-533/13

RESOLUTION

Magistrate of court district No. 369 of the Tverskoy district of Moscow For Tomskaya O. Yu.,

Having considered in open court administrative case No. 5-533/13 under Part 2 of Art. 14.1 of the Code of the Russian Federation on Administrative Offenses in relation to: XXX , registered in ZZZ , married, unemployed, no information about previous administrative liability has been provided,

With the participation of a defender N

INSTALLED:

XXX . carried out business activities without a special permit (license), if such a permit (such license) is mandatory (mandatory), namely, on September 3, 2013 at 01:50 a.m. at the address Tverskaya st., 6, Moscow, entrepreneurial activity for the transportation of citizens vehicle without having special permission (license) to do so.

XXX . appeared in court, did not admit guilt in the offense, explained that he did not provide services for transporting citizens, and submitted a written petition to terminate the proceedings.

The defense lawyer supported the opinion of his client and asked to terminate the proceedings.

The witness questioned at the request of the person involved explained to the court that he was an acquaintance XXX ., with whom on September 3, 2013, at night by phone, I agreed that he would pick him up from the cafe. However, at the agreed time XXX . was not there. The next day from XXX . he (the witness) became aware that XXX . was detained by police officers.

S.N. Usoltsev, an employee of the PPSM Department of Internal Affairs for the Tverskoy district of Moscow, interrogated at the court hearing. explained to the court that he and his partner were on duty on September 3, 2013, in the framex during an official event, an “illegal carrier” driver was identified XXX ., which was previously monitored and it was established that he was repeatedly in the area of the street. Tverskoy, Moscow, provides transportation services for citizens for a monetary reward, but previously it was not possible to detain this citizen. Since patrols follow a constant route, every 15-20 minutes, the specified driver was identified more than once. On September 3, 2013, this driver was detained and transferred to the Department of Internal Affairs to draw up a report on administrative offense, since this driver did not have a license to provide services for transporting citizens by passenger taxi, but he agreed with passengers to transport them for a monetary reward and was engaged in their transportation. Previously from XXX he (Usoltsev S.N.) is unknown and has no grounds for slander.

Guilt XXX . of committing an administrative offense is confirmed by the following case materials:

- protocol on administrative offense dated September 3, 2013, according to which XXX . carried out business activities without a special permit (license), if such a permit (such license) is mandatory (mandatory), namely, on September 3, 2013 at 01:50 a.m. at the address Tverskaya st., 6, Moscow, entrepreneurial activity of transporting citizens by vehicle without a special permit (license);

- reports of the inspector PPSM OMVD for the Tverskoy district of Moscow Usoltsev S.N. that while on duty they were found to have committed an offense XXX ., who carried out business activities without a special permit (license), namely, on September 03, 2013 at 01:50 minutes at the address Tverskaya St., 6, Moscow, he carried out business activities for the transportation of citizens for light transport, previously this driver was repeatedly noticed in providing services for transporting citizens, but it was not previously possible to detain her;

Having studied the case materials, the court comes to the conclusion that the protocol on an administrative offense was drawn up in accordance with the requirements of Article 28.2 of the Code of the Russian Federation on Administrative Offenses, by an official of the body authorized to draw up protocols on administrative offenses.

Administrative liability under Part 2 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation is punishable for carrying out business activities without a special permit (license), if such a permit (such a license) is mandatory (obligatory).

The forms of license forms and license cards are approved by the Order of the Ministry of Transport of the Russian Federation dated November 22, 2004 N 36 “On approval of forms of license forms, license cards, admission certificates and access cards.”

In accordance with Art. 9 Federal Law from 04/21/2011 N 69-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” (as amended by the Federal Law of the Russian Federation dated April 23, 2012 N 34-F3), activities for the transportation of passengers and luggage by passenger taxis on the territory of a constituent entity of the Russian Federation are carried out subject to receipt legal entity or an individual entrepreneur, a permit to carry out activities for the transportation of passengers and luggage by passenger taxi, issued authorized body executive power the corresponding subject of the Russian Federation.

From the meaning of these legal norms it follows that the activity of transporting passengers in the absence of the required documents is not permitted.

The court does not trust the explanations of the person involved, who denies committing an offense, and regards them as the chosen position of the defense, since they are refuted by the written evidence collected in the case, as well as the explanations in court of the PPSM inspector, the court did not establish any reasons not to trust them.

Explanations in court by a witness also do not indicate innocence XXX ., since he was not an eyewitness to what happened, he knows everything from the words of himself XXX.

As established by the court when considering the case, XXX . On September 03, 2013 at 01:50 a.m. at 6 Tverskaya Street in Moscow, he carried out business activities involving the transportation of citizens by passenger vehicles without a special permit (license) for this.

Thus, having examined and assessed the evidence collected in the case, the court finds that guilt XXX . established, and qualifies his actions under Art. 14.1 part 2 of the Code of Administrative Offenses of the Russian Federation, since he actually carried out business activities without a special permit (license), if such a permit (such a license) is mandatory (mandatory).

When imposing punishment in accordance with Art. Art. 4.1-4.3 of the Code of the Russian Federation on Administrative Offenses, the court takes into account the nature of the administrative offense committed, information about the identity of the perpetrator, and therefore considers it necessary to impose a penalty in the form of a fine without confiscation.

Based on the above, guided by art. Art. 29.9-29.11 of the Code of the Russian Federation on Administrative Offences,

DECIDED:

Admit XXX guilty of committing an administrative offense under Art. 14.1 part 2 of the Code of the Russian Federation on Administrative Offenses, and impose a fine in the amount of 2,000 (two thousand) rubles.

Explain to the person brought to administrative responsibility that the administrative fine must be paid by him no later than 60 days from the date the decision to impose an administrative fine comes into force or from the date of expiration of the deferment period or installment payment period for the fine.

If an administrative fine is not paid on time, the amount of the fine on the basis of Article 32.2 of the Code of Administrative Offenses of the Russian Federation will be collected forcibly. In addition, an official of a federal executive body, structural unit or territorial body, as well as other government agency authorized to carry out proceedings in cases of administrative offenses (with the exception of the bailiff), draws up a protocol on the administrative offense provided for in Part 1 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, in relation to a person who has not paid an administrative fine.

The decision can be appealed to the Tverskoy District Court of Moscow within 10 days from the date of delivery or receipt of a copy of the decision through the office of judicial district No. 369 of the Tverskoy District of Moscow.

Magistrate Zatomskaya O.Yu.

Cancellation of m/s resolution:

SOLUTION

Judge of the Tverskoy District Court of Moscow S., with the participation of the person against whom the case of an administrative offense is being conducted - X, defense lawyer - Novikov M.V.

having considered the appeal of X, born on March 31, 1966, a native of the city of Andijan, Uzbek SSR, citizen of the Republic of Uzbekistan,

on the decision of the magistrate of court district No. 369 of the Tverskoy district of Moscow dated September 27, 2013 under Part 2 of Art. 14.1 of the Code of the Russian Federation on Administrative Offenses in relation to X,

Installed:

Citizen X By a resolution of the magistrate dated September 27, 2013, he was found guilty of committing an offense under Part 2 of Art. 14.1 of the Code of the Russian Federation on Administrative Offences, namely that on 09/03/2013 at 01:50 a.m. at the address: Tverskaya Street, building 6 in Moscow, he carried out business activities in transporting citizens by vehicle, without having a special permit for this (license ).

Based on the judge's decision, a complaint was brought in which Citizen X asks the magistrate to cancel the decision of the magistrate, to terminate the case of an administrative offense, considering that the evidence that would confirm the fact of his occupation - Citizen X entrepreneurial activity, except for the testimony of an interested person - police officer S.N. Usoltsev, is not included in the case. He - Citizen X did not transport anyone, did not make a profit, 09/03/2013 carried out the request of his friend.

During the consideration of the appeal Citizen X , his defender Novikov M.V. supported the complaint and the arguments presented, considering that X was unjustifiably brought to administrative responsibility within the framework of an ongoing official event “illegal carrier”, the police officer interrogated by the magistrate was unable to give specific testimony regarding where, when, and under what circumstances he saw Citizen X for doing business.

Having examined the materials of the administrative case, checked the arguments of the complaint, and listened to the lawyer involved, the court finds the decision subject to cancellation on the following grounds.

In accordance with Part 3 of Art. 30.6 of the Code of Administrative Offenses of the Russian Federation, the judge is not bound by the arguments of the complaint and checks the case in full.

Part 1 of Article 1.6 of the Code of Administrative Offenses of the Russian Federation provides that a person brought to administrative responsibility cannot be subjected to administrative punishment and measures to ensure proceedings in a case of an administrative offense other than on the grounds and in the manner established by law.

To determine the presence of an administrative offense under Part 2 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation, the fundamental criterion is to establish in the actions of such a person the signs of entrepreneurial activity listed in paragraph 1 of Article 2 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

By virtue of this norm, entrepreneurial activity is an activity aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services, which is carried out by a person independently at his own risk.

Citizen X . He denied that he was engaged in transporting citizens, and explained that he was engaged in private construction and used a KIA brand car for transportation. On September 3, 2013, on Tverskaya Street, there were no passengers in his car when he was detained by a police officer.

Finding guilty Citizen X in committing an offense under Part 2 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation, the magistrate referred to the following evidence: a protocol on an administrative offense dated 09/03/2013, drawn up in relation to Citizen X report of the inspector PPSM OMVD of Russia for the Tverskoy district of Moscow S.N. Usoltsev, his testimony given during the consideration of the case by the magistrate, from which it follows that this police officer has repeatedly seen how Citizen X provides transportation services for citizens in the area of Tverskaya Street in Moscow for a monetary reward, but previously it was not possible to detain him, 09/03/2013 at 01:50 Citizen X was detained as part of an official event as an “illegal carrier.”

Meanwhile, any specific evidence confirming the fact that the specified person is engaged in activities aimed at systematically making a profit, which could be, in particular, testimonies of persons who paid for transportation services, receipts in

receiving Money, bank account statements of the person brought to administrative responsibility, and the placement of advertisements are not included in the case.

A person is subject to administrative liability only for those administrative offenses for which his guilt has been established. Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.

Explanations given Citizen X have not been sufficiently refuted by anything.

Under such circumstances, the court comes to the conclusion that the circumstances on the basis of which the appealed decision was made were unproved, which, by virtue of clause 4 of part 1 of Art. 30.7 of the Code of Administrative Offenses of the Russian Federation entails the cancellation of the decision of the magistrate and the termination of proceedings in the case.

Based on the above, guided by clause 4, part 1, art. 30.7 of the Code of the Russian Federation on Administrative Offenses, court

Decided:

Citizen X's complaint satisfy, the decision of the magistrate of court district No. 369 of the Tverskoy district of Moscow dated September 27, 2013 under Part 2 of Art. 14.1 of the Code of the Russian Federation on administrative offenses in relation to Citizen X cancel, terminate the proceedings on the administrative offense.

The decision can be appealed to the Moscow City Court