Medical law in Russia is still developing. The legislation of the Russian Federation today protects the patient more effectively than the doctor, despite the fact that medical institutions often need protection from clients. Both lawyers and participants in the salon business should work together on this issue. But no methods of protection against a doctor or salon will help if there is no license. This issue is not even discussed: if there is no license, then the patient's rights are violated. And the guilty party is the beauty salon.
You shouldn't let things slide and hope that everything will be fine. Often, after seemingly harmless procedures, people experience consequences in the form of allergies and discrepancies with the expected result. If everything is carried out according to the law, then both doctors and patients feel calmer.
Responsibility and reliability of the employee
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Administrative liability: operating mint database a beauty salon without medical activity is an administrative offense, for which the institution is liable under the following articles:
Part 1 of Article 14.1 of the Code of Administrative Offenses of the Russian Federation - if business is conducted without state registration as an individual entrepreneur or legal entity;
Part 2 of Article 14.1 of the Code of Administrative Offences of the Russian Federation - if the salon is engaged in entrepreneurial activity;
Part 1 of Article 19.20 of the Code of Administrative Offenses of the Russian Federation - if the activity carried out does not imply making a profit.
If a beauty salon carries out its activities without going through the licensing procedure and this activity is entrepreneurial and is carried out without state registration as an individual entrepreneur or legal entity, then liability is provided under Part 1 of Article 14.1 of the Code of Administrative Offenses of the Russian Federation and a fine in the amount of 500-2000 rubles;
If an institution operates without a license and this activity is entrepreneurial, then liability arises under Part 2 of Article 14.1 of the Code of Administrative Offenses of the Russian Federation in the form of a fine in the amount of:
from 2000 to 2500 rubles - for individuals;
from 4,000 to 5,000 rubles — for officials (including individual entrepreneurs — note to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation). At the same time, based on the note to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation, such persons are the heads or other employees of enterprises whose responsibilities include the performance of organizational and administrative or administrative and economic functions.
If a beauty salon operates without going through the licensing procedure and, therefore, does not have a license, in the event that the work of the establishment does not imply making a profit, liability in the form of a fine is incurred (Part 1 of Article 19.20 of the Code of Administrative Offenses of the Russian Federation):
from 500 to 1000 rubles - for individuals;
from 30 to 50 thousand rubles (or disqualification for a period of 1-3 years) - for officials. Based on the note to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation, such persons include managers and other personnel performing organizational and managerial or administrative and economic functions;
from 30 to 40 thousand rubles (or administrative suspension of activities for a period of up to 90 days) - for individual entrepreneurs;
from 170 to 250 thousand rubles (or suspension of activities for a period of up to 90 days in an administrative manner) - for legal entities.
Criminal liability: operating a beauty salon without a license may be considered a criminal offense, for which liability is incurred:
Article 171 of the Criminal Code of the Russian Federation - if entrepreneurial activity is carried out without registration and without a license, when the presence of this document is mandatory by law, if as a result of the salon's activities citizens, organizations or the state have suffered damage on a large scale, or this is associated with the extraction of profit on a large scale.
If a beauty salon operates without going through the licensing procedure and does not have a license, if this activity is entrepreneurial and is carried out without state registration as an individual entrepreneur or legal entity, then liability arises under Article 171 of the Criminal Code of the Russian Federation in the form of a fine, the amount of which is up to 300 thousand rubles or equal to the salary or other income of the convicted person for a term of up to two years. The fine can also be replaced by compulsory work for up to 480 hours or six months of arrest.
If a salon operates without going through the licensing procedure, while having a license is mandatory, and this activity is carried out without state registration as an individual entrepreneur or legal entity, and at the same time a large profit is made, then liability arises in the form of a fine in the amount of 100-500 thousand rubles or the amount of the salary or other income of the convicted person for 1-3 years. Also, the fine can be replaced by forced labor for up to 5 years or imprisonment for up to 5 years with a fine of up to 80 thousand rubles or in the amount of the salary or other income of the convicted person for up to six months or without it.