Entrepreneurial activity is inherently risky. There are many business risks that can lead to losses and undermine the financial stability of any company.

Some of them are associated with ignorance or ignorance by entrepreneurs of mandatory norms and requirements that are established by law, and which they must follow in the process of carrying out business activities. In this case, entrepreneurs bear the risk of being held administratively liable for failure to comply with such mandatory norms and requirements.

Control over compliance by entrepreneurs with the requirements of current legislation is carried out by various government bodies, local government bodies with control and supervisory powers (Rosprirodnadzor, Rostechnadzor, Rosfinnadzor, labor inspectorates, tax authorities, etc.)
The system of such bodies that have the right to inspect and punish entrepreneurs, the names of such bodies, their number, as well as the terms of reference in legislation often change.

Not a single company or entrepreneur is immune from various types of inspections.
And, as a rule, entrepreneurs know nothing about how this or that inspection should be carried out, what rights and responsibilities they have, how to behave correctly with inspectors, what to do if an inspection reveals violations and the inspector faces administrative liability.

In the context of the complexity and instability of Russian legislation, the absence of uniform law enforcement approaches in judicial practice Even a specialist is not always able to immediately understand all the legal subtleties of a particular situation.

Basic regulatory legal act regulating the conditions and procedure for conducting various types of inspections in relation to legal entities and individual entrepreneurs, is Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control"(hereinafter referred to as Law No. 294-FZ).

Timing and sequence of administrative procedures (actions) of federal bodies executive power and bodies of state extra-budgetary funds in the exercise of state control (supervision) are also regulated by administrative regulations developed and approved by these bodies on the basis of the powers provided for by federal laws and acts of the President Russian Federation and the Government of the Russian Federation.

It should be noted right away that Law No. 294-FZ does not regulate all types of state control. Certain types of state control (supervision) are regulated by other special regulations legal acts. These include, for example, tax control, control and supervision in the financial and budgetary sphere, customs control, control over the payment of insurance contributions to state extra-budgetary funds, etc.

Such “multifaceted” legal regulation, the absence of unified norms regulating control and supervisory activities government agencies in practice generates great amount disputes regarding the legality of the actions of inspectors during a particular inspection.

When preparing for an inspection, entrepreneurs must understand what this procedure is, what control measures the inspection bodies will carry out, and what legal acts they should follow in order to protect their rights and legitimate interests.

In this article we will not focus on the peculiarities of legal regulation of certain types of state control (supervision). Consider the series practical aspects conducting scheduled inspections of legal entities and individual entrepreneurs, regulated by the norms of Law No. 294-FZ.

BASES AND PROCEDURE FOR CONDUCTING A SCHEDULED INSPECTION.

The subject of a scheduled inspection, carried out on the basis of the norms of Law N 294-FZ, is compliance by a legal entity or an individual entrepreneur in the process of carrying out activities with mandatory requirements and requirements established by municipal legal acts, as well as the compliance of the information contained in the notification of the commencement of certain types of business activities , mandatory requirements.

A scheduled inspection can be carried out in two forms: documentary(carried out at the location of the control and supervisory authority) and away(carried out at the location and/or place of activity of the person being inspected).

By general rule, scheduled inspections of legal entities and individual entrepreneurs should be carried out no more than once every three years.

It is important to know! In relation to legal entities and individual entrepreneurs carrying out activities in the field of healthcare, education, social services, heat supply, electricity, energy saving and increasing energy efficiency, scheduled inspections can be carried out two or more times every three years. The list of such types of activities and the frequency of their scheduled inspections are established by the Government of the Russian Federation (Resolution of the Government of the Russian Federation of November 23, 2009 N 944).

The basis for conducting a scheduled inspection is an inspection plan approved by the head of the control and supervisory authority, agreed upon with the prosecutor's office and posted on the official website of the control and supervisory authority on the Internet, and an order (instruction) of the head (deputy head) of the control and supervisory authority to conduct an inspection .

It is important to know! When conducting an inspection, the control and supervisory authority must act strictly within the powers granted to it by law. At the same time, he does not have the right to check compliance by a legal entity, an individual entrepreneur, with mandatory requirements and norms falling within the competence of other bodies.

The consolidated plan for inspections of legal entities and individual entrepreneurs must be posted on the official website of the Prosecutor General's Office of the Russian Federation until December 31 of the year preceding the inspections.

It is important to know! Carrying out a scheduled inspection in the absence of information about its inclusion in the consolidated inspection plan approved by the Prosecutor General's Office of the Russian Federation is a gross violation of Federal Law No. 294-FZ, entailing the invalidity of its results (clause 7, clause 2, article 20 of Law No. 294-FZ)
Situation from practice:

Facts of the case: Based on the order of the head of the Nadezhdinsky municipal district of the Primorsky Territory, the local administration entered into a land lease agreement with the Nadezhdinskaya Poultry Farm OJSC, according to which it provided the company with a land plot of 6.5 hectares of agricultural land for rent for a period of 25 years for agricultural use.
Later, the administration adopted an order “On conducting an audit of the use of land plots by OJSC Nadezhdinskaya Poultry Farm in accordance with land legislation.”

Based on this order, the administration commission conducted an inspection of the Company's use of the leased land plot.

During the inspection, the administration commission found that the above-mentioned land plot is not used by the Company in accordance with its intended purpose, work is not being carried out on it to protect agricultural land from overgrowing with trees and shrubs, weeds, and the fire safety of agricultural land is being violated.

Based on the results of this inspection, the administration drew up an inspection report and issued an order to eliminate the identified violations. Among other things, the Company was ordered to take measures against fire safety on plot of land within the prescribed period, to prevent further violations of fire safety on the land plot.

OJSC Poultry Farm Nadezhdinskaya appealed to the Arbitration Court of the Primorsky Territory with a statement to recognize as illegal the actions of the administration, expressed in conducting an inspection and drawing up an act, as well as invalidating the order to eliminate the violation.

By the decision of the Primorsky Arbitration Court Territory, the request to recognize illegal the actions of the administration of the Nadezhdinsky municipal district of the Primorsky Territory, expressed in conducting an inspection of the use of a land plot and drawing up an inspection report, was refused.

By the decision of the Fifth Arbitration Court of Appeal the decision was partially reversed.
The Court of Appeal declared illegal the actions of the administration of the Nadezhdinsky municipal district of Primorsky Krai, which consisted of conducting an inspection of the use of a land plot and drawing up an inspection report. He declared invalid the order to eliminate the violation of the use of the land plot as not complying with the Land Code of the Russian Federation, Federal Law N 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation.”

When examining and assessing the evidence available in the case, the appeal court found that the administration notified the company about the inspection less than three working days before it began, which in turn is a gross violation of the law during the inspection and grounds for canceling its results.

In addition, the court found that the inspection carried out was not included in the consolidated inspection plan approved by the Prosecutor's Office of the Russian Federation, as required by Law No. 294-FZ, which also applies to gross violations.

In this regard, the appellate court came to the conclusion that the preparation of the inspection report was illegal, and that the administration’s actions to conduct an inspection of the use of the land plot violated the applicant’s rights in the field of entrepreneurial activity.

In addition, overturning the decision of the trial court, the appellate court indicated that when issuing the order, the Administration went beyond the limits of its powers granted to it by the law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”
By imposing on the Company the obligation to carry out fire safety measures on the land plot, the Administration violated the provisions of Federal Law N 69-FZ “On Fire Safety”, the Regulations on State Fire Supervision, approved by Decree of the Government of the Russian Federation N 820, according to which state fire supervision is carried out by territorial bodies The Ministry of Emergency Situations of Russia, within the limits of its powers, including by issuing instructions to inspected organizations to eliminate violations and comply with current requirements in the field of fire safety.
Consequently, the Administration did not have the authority to oblige the Company to carry out fire safety measures.

Since the controversial inspection was carried out by the administration in gross violation of current legislation, its results were declared invalid by the court in accordance with Article 20 of Federal Law No. 294-FZ.

(Resolution of the Federal Antimonopoly Service of the Far Eastern District dated November 14, 2011 N F03-5568/2011 in case N A51-3223/2011
Similar practice: Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated January 27, 2014 in case No. A11-3302/2013)

The basis for including a scheduled inspection in the annual inspection plan is the expiration of 3 years from the date of:
1) state registration of a legal entity, individual entrepreneur;
2) completion of the last scheduled inspection of a legal entity, individual entrepreneur;
3) the start of business activities by a legal entity or individual entrepreneur in accordance with the notification submitted to the authorized body on the start of certain types of business activities.

It is important to know! This list is comprehensive. Carrying out an inspection in the absence of grounds is a gross violation of Federal Law No. 294-FZ, entailing the invalidity of the inspection results (clause 1, paragraph 2, article 20 of Law No. 294-FZ)

A legal entity or individual entrepreneur must be notified of an unscheduled inspection no later than three working days before the start of the inspection by sending him a copy of the order (order) of the head, deputy head of the control and supervisory body on the start of a scheduled inspection by registered order. by post with notification of delivery or other in an accessible way.

It is important to know! Violation of the deadline for notifying a legal entity or individual entrepreneur about the start of an inspection is a gross violation of Federal Law No. 294-FZ, which entails the invalidity of the inspection results.

In practice, a controversial question often arises: is it legal to conduct an inspection if the notification of its conduct was sent by the controlling body by registered mail to the address specified in the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs of the inspected person, but was not received by the addressee due to his absence address?
Situation from practice:

Facts of the case: The department of supervisory activities of the city district of Tolyatti and the municipal district of Stavropol of the Main Directorate of the Ministry of Emergency Situations of Russia for the Samara Region carried out a scheduled on-site inspection in relation to the GSK in order to verify compliance with fire safety requirements in accordance with the schedule of scheduled inspections for 2013, which is published on the official website of the General Directorate Prosecutor's Office of the Russian Federation.

A copy of the order to conduct the inspection was sent to GSK by post.

Based on the results of the inspection, the inspection body drew up an inspection report, which was signed by an authorized representative of GSK without objection, and issued an order to eliminate those identified.
In addition, administrative violation protocols were drawn up against GSK.

Having examined these protocols, Deputy Head of OND G.O. Tolyatti, the Main Directorate of the Ministry of Emergency Situations of Russia for the Samara Region, by its resolution, brought the GSK to administrative responsibility, provided for in parts 2, 3, 4 of Article 20.4 of the Code of Administrative Offenses of the Russian Federation, in the form of a fine in the amount of 400,000 rubles.

Having disagreed with the decision made against him in the case of an administrative offense and the order, the GSK challenged their legality by appealing to the Arbitration Court of the Samara Region with a corresponding statement.

By the decision of the Arbitration Court of the Samara Region, left unchanged by the decision of the Eleventh Arbitration Court of Appeal, the stated requirements were satisfied.

Resolution of the Federal Antimonopoly Service of the Volga Region The judicial acts of the courts of first and second instance were cancelled, the case was sent for a new trial to the court of first instance.

The court of first instance came to the conclusion that the administrative body committed gross violations of the Federal Law of December 26, 2008 N 294-FZ, indicating that the order to conduct an inspection was sent to the applicant by registered mail, but the specified mail was returned to the department with with a mark from the postal authority “return after expiration of the storage period.” However, the postal envelope does not indicate that the post office sent secondary notifications.
In this regard, the court of first instance considered that the order to conduct an inspection sent to the applicant by mail was not delivered to the addressee, and therefore he was not notified within the period established by law (no later than three working days) about the start of the inspection .

The court of first instance regarded this violation as a gross violation of the requirements for organizing and conducting an inspection, entailing the invalidity of the inspection results.
The appellate court agreed with the findings of the trial court.

The cassation court, canceling the court decisions in the case, indicated the following.
The location of a legal entity is determined by the place of its state registration (clause 2 of Article 54 of the Civil Code of the Russian Federation).
By virtue of paragraph “c” of Part 1 of Article 5 of the Federal Law of 08.08.2001 N 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs” the address (location) of a permanent executive body of a legal entity registered in the Unified State Register of Legal Entities (hereinafter referred to as the Unified State Register of Legal Entities) is the address at which communication with the legal entity is carried out (legal address). If the address (location) of a permanent executive body of a legal entity changes, the legal entity is obliged to notify the registration authority at its location within three working days (Part 5 of Article 5 of the Federal Law of 08.08.2001 N 129-FZ “On State Registration of Legal Entities” individuals and individual entrepreneurs").
The case materials do not contain a new (different) address of the permanent executive body of the GSK except the address: Tolyatti, st. Novozavodskaya, 6D.

According to paragraph 2 of paragraph 1 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 30, 2013 N 61 “On some issues in the practice of resolving disputes related to the accuracy of the address of a legal entity,” a legal entity bears the risk of the consequences of failure to receive legally significant messages received at its address indicated in the Unified State Register of Legal Entities, as well as the risk of absence of a representative at this address.

The cassation court indicated that the administrative body had taken all measures aimed at carrying out the inspection in the manner prescribed by law: notification of the inspection was sent in advance by registered mail to the applicant’s legal address.
Taking into account the fact that the order to conduct an inspection was sent to the applicant on May 13, 2013 by registered mail at his legal address, receiving incoming correspondence is the responsibility of the legal entity, it bears the risk of the consequences of non-receipt of legally significant messages received at its address indicated in the Unified State Register of Legal Entities, as well as the risk of absence of its authorized representative at this address.

Consequently, the conclusion of the courts of both instances that the administrative body violated the deadline established by Part 12 of Article 9 of Federal Law N 294-FZ for notifying a legal entity about conducting an inspection is erroneous.

(Resolution of the Federal Antimonopoly Service of the Volga District dated April 29, 2014 in case No. A55-16539/2013.
Similar practice: Resolution of the Federal Antimonopoly Service of the East Siberian District dated June 15, 2012 in case No. A58-4799/11)
As a general rule, the burden of proving that a person was properly notified of an inspection lies with the administrative body.

However, if the notification of verification is not received by the addressee due to his absence at the address specified in the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs, he will be obligated to provide the court with evidence of his good faith, namely that the notification was not received by him beyond his control reasons of his will, and he took necessary and sufficient measures to obtain it.

DEADLINE FOR INSPECTION

According to Article 13 of Law N 294-FZ, as a general rule, the period for conducting a scheduled inspection (both documentary and on-site) cannot exceed 20 working days.

In practice, the question often arises: can this period be extended, and in what cases?

It is important to know! The period for conducting a scheduled on-site inspection may be extended only in exceptional cases, an exhaustive list of which is indicated in Part 2 of Art. 13 of Law No. 294-FZ. This list is not subject to broad interpretation.
Federal Law 294-FZ does not provide any grounds for extending the period of documentary verification!
Situation from practice:

Facts of the case: The Main Directorate of the Ministry of Emergency Situations of Russia for the city of Moscow carried out a scheduled on-site inspection of compliance with mandatory requirements in the field of fire safety in relation to the JSC.
The period for conducting the inspection, according to the order of the administrative body, was 20 working days.

Based on the results of the inspection, an inspection report was drawn up and an order was issued for the company to eliminate the violations identified during the inspection.
According to the inspection report, the actual inspection period was 40 working days.

The company, not agreeing with the order issued to it, appealed to the Moscow Arbitration Court with an application to invalidate and cancel the order to eliminate violations of fire safety requirements issued by the Main Directorate of the Ministry of Emergency Situations of Russia for Moscow.

By decision Arbitration Court of Moscow The company's application was denied.

The decision of the Moscow Arbitration Court was canceled, the company's demands were satisfied.

The appellate court, overturning the decision of the first instance court, indicated that the period for conducting an on-site scheduled inspection can be extended only in exceptional cases. Such cases are exhaustively listed in Part 3 of Art. 13 of Federal Law No. 294-FZ, according to which in exceptional cases related to the need to conduct complex and (or) lengthy studies, tests, special examinations and investigations on the basis of motivated proposals from officials of the state control (supervision) body, municipal control body, conducting on-site scheduled inspection, the period for conducting an on-site scheduled inspection may be extended by the head of such a body, but not more than twenty working days.

Justifying at the court hearing the need to extend the inspection period, the administrative body provided the court with a report from engineer R.V. Krivich. according to which the reasons for prolonging the inspection were the heavy workload and the need to improve the quality of the inspection.

The court found that the decision to extend the inspection period was made by the head of the administrative body by making an entry on the third page of the order to conduct the inspection “Extended until May 15, 2012.” The entry is signed and sealed.
The reasons for extending the inspection period listed in Part 3 of Art. 13 of the Law on the Protection of the Rights of Legal Entities are not indicated in the submitted Order.

The court came to the conclusion that none of the reasons for extending the inspection period indicated in the report correspond to exceptional cases under Part 3 of Art. 13 of the Law on the Protection of the Rights of Legal Entities.

The court indicated that the extension of the period for a scheduled on-site inspection from 20 to 40 days in the absence of exceptional cases provided for in Part 3 of Art. 13 of the Law on the Protection of the Rights of Legal Entities, is by virtue of paragraph 5 of Part 2 of Art. 20 of Federal Law No. 294-FZ is a gross violation of the inspection procedure.
In this regard, the result of the inspection (the contested management order) cannot be evidence of violations imputed to the company, and is subject to cancellation by the court due to the direct indication of this in Part 1 of Art. 20 of the Law on the Protection of the Rights of Legal Entities.

(Resolution of the Ninth Arbitration Court of Appeal dated October 19, 2012 in case No. A40-76051/12-121-716
Similar practice: Resolution of the Federal Antimonopoly Service of the Volga District dated April 12, 2010 in case No. A06-7482/200,ResolutionChelyabinsk Regional Court dated October 12, 2011 in case No. 4a11-869)

In relation to small businesses, a special period has been established for conducting scheduled on-site inspections - in total no more than fifty hours for a small enterprise and fifteen hours for a micro enterprise per year. Please note that the reduced period applies only to on-site inspections; in relation to the period for conducting documentary inspections, the following applies: general rule– no more than 20 working days.

In practice, many disputes arise regarding the procedure for calculating the period of a planned on-site inspection carried out in relation to small businesses.

It is important to know! The duration of a scheduled on-site inspection of small and micro-enterprises should be the sum of the time the inspectors are directly present at the location of the person being inspected and (or) at the place where they actually carry out their activities.
Situation from practice:

Facts of the case: The Main Directorate of the Ministry of Emergency Situations for the Volgograd Region carried out a scheduled inspection of compliance with mandatory requirements, norms and fire safety rules in relation to Goldstream LLC.

During the inspection, the inspection body identified violations of the current legislation in the field of fire safety by the Company, about which an inspection report was drawn up.

Believing that the inspection was carried out in violation of its duration and the inspection report was invalid, Goldstream LLC applied to the Arbitration Court of the Volgograd Region with a statement to declare the inspection act illegal.

By the decision of the Arbitration Court of the Volgograd Region, the stated demands were denied.

By the decision of the Twelfth Arbitration Court of Appeal

In deciding to refuse to satisfy the stated requirements, the court came to the conclusion that the administrative body did not commit violations of the inspection procedure, the actual date for conducting a scheduled on-site inspection of the company does not contradict Federal Law of December 26, 2008 N 294-FZ

At the same time, the courts took into account that the Company belongs to micro-enterprises, therefore, the period for conducting a scheduled on-site inspection in relation to this enterprise cannot exceed fifteen hours.

During the trial of the case, the courts came to the conclusion that the duration of a scheduled on-site inspection of a micro-enterprise should consist of the time the inspectors are directly present at the location of the person being inspected and (or) at the place where they actually carry out their activities.

From the case materials it followed that the duration of the inspection (direct presence of inspectors at the location of the company) was one and a half hours, which does not exceed the period established by N 294-FZ. In connection with the end of the inspection on the same day, the head of the Company was asked to appear at the administrative body to give explanations, present the necessary documents, draw up protocols on the administrative offense and submit documents on fire safety.

No evidence was provided confirming the permanent presence of employees of the administrative body in the office of Goldstream LLC during the inspection period, or their daily request for documents from the applicant.
The courts also pointed out that the Company did not provide a log of inspections in a standard form, the maintenance of which is the responsibility of legal entities under N 294-FZ (Parts 8, 10 of Article 16 of the Law) and in which information, including the start and end dates of the inspection, the time it was carried out, as well as the surnames, first names, patronymics and positions of the persons conducting the inspection, and their signatures.

In such circumstances, the Company’s reference to the fact that the deadline for conducting an inspection this case should be calculated based on the period of the inspection specified in the order and until the date of issuance of the inspection report, which was rightfully rejected by the courts.

(Decision of the Court of Justice of the Vladimir Region in case No. A11-9726/2013
Similar practice: ResolutionTwelfth Arbitration Court of Appeal in case No. A12-11018/2012, Resolution Eighteenth Arbitration Court of Appeal in case No. A76-12769/2011)

WHAT MEASURES IS THE CONTROL AUTHORITY RIGHT TO CARRY OUT DURING AN INSPECTION?

During any inspection, the supervisory authority assesses the compliance of the activities of a legal entity, individual entrepreneur, goods produced and sold by them (work performed, services provided) with the established mandatory requirements.

For these purposes, the supervisory authority has the right to carry out the following control measures:
- review of documents of a legal entity, individual entrepreneur;
- inspection of territories, buildings, structures, structures, premises, equipment, and other similar objects used in the implementation of activities, Vehicle and transported goods;
- selection of samples of products, environmental objects, industrial environment objects, conducting their research and testing;
- conducting examinations and investigations aimed at establishing a cause-and-effect relationship between the identified violation of mandatory requirements and the facts of harm.

It is important to know! The supervisory authority has the right to demand that the inspected legal entity or individual entrepreneur provide documents and information only if two conditions are met:

1) if the requested documents and information relate to the subject, goals, objectives of the audit being carried out;
2) if the on-site inspection was not preceded by a documentary inspection.

Failure to comply with this requirement is regarded as a gross violation, entailing invalidity of the inspection results (clause 5, clause 2, article 20 of Law No. 294-FZ)
Situation from practice:

Facts of the case: The Moscow Office of Rostechnadzor conducted an on-site inspection of the LLC for compliance with mandatory industrial safety requirements for hazardous production facilities.
Based on the results of the inspection, the administrative body drew up an act and issued an order for the company to eliminate the violations identified during the inspection.

The LLC filed an application with the Moscow Arbitration Court to declare the actions of an official of the Inspection Department illegal.

By decision Arbitration Court of Moscow requirements are satisfied.

By the decision of the Ninth Arbitration Court of Appeal The decision of the trial court was upheld.

In satisfying the stated requirements, the court of first instance proceeded from the violation by the administrative body of the procedure for conducting an inspection in terms of going beyond the scope of the inspection.
At the same time, the court was guided by the norm of paragraph 3 of Art. 15 of Federal Law No. 294-FZ, according to which, when conducting an inspection, officials of the state control (supervision) body do not have the right to demand the submission of documents and information if they are not the objects of the inspection or do not relate to the subject of the inspection.

When considering the case, the court found that the subject of the Company's inspection was hazardous production facilities and its compliance with the mandatory industrial safety requirements of these facilities.
At the same time, it was clear from the inspection report that the object of the on-site inspection were technical devices used at a hazardous production facility (truck cranes KS-4574A, KS-3577-3), located at addresses not included in the hazardous production facilities.

The court of first instance rejected the defendant’s argument that cranes installed in another area not specified in the certificate of registration of the hazardous production facility are a dangerous facility, since the administrative building and the mechanization area where these mechanisms are installed are hazardous production facilities.

As follows from the case materials, the mechanization section at the address: Moscow, Strogino industrial zone, passage No. 607, where the truck cranes being inspected were located, was included in the state register of hazardous production facilities.
From the registration card for this object (clause 2.3) it followed that the signs of its danger included the use of only permanently installed lifting mechanisms, escalators, cable cars, and funiculars.

Thus, the court of first instance came to the conclusion that the administrative body violated the procedure for conducting an inspection in terms of the inspector going beyond the scope of the inspection.
In this regard, the actions of the administrative body to inspect truck cranes (mobile cranes) KS-4574A, KS-3577-3 were rightly declared illegal by the court.

(Resolution of the Ninth Arbitration Court of Appeal dated December 15, 2011 in case No. A40-62654/201 It is important to know: For failure to comply with the legal requirements of the control and supervisory authority during an inspection, a legal entity, its officials, individual entrepreneurs may be brought to administrative liability under Part 1 of Art. 19.4, part 1 art. 19.5, art. 19.7 Code of Administrative Offenses of the Russian Federation.

According to the general rule (Article 2.4 of the Code of Administrative Offenses of the Russian Federation), individual entrepreneurs who have committed administrative offenses bear administrative responsibility as officials. However, in some cases (for example, under Part 11 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation), individual entrepreneurs are liable as legal entities.

REGISTERING THE RESULTS OF A SCHEDULED INSPECTION.

Based on the results of the scheduled inspection, an inspection report is drawn up in the established standard form (Order of the Ministry of Economic Development of the Russian Federation dated April 30, 2009 N 141).

The act similarly sets out the circumstances established by the inspection body during the inspection, provides a list of violations of mandatory requirements identified during the inspection, and draws a conclusion about the guilt of the legal entity (individual entrepreneur) and its officials in the violations committed.

The inspection report is accompanied by documents on the basis of which the inspection body draws the conclusions contained in the inspection report (these may be protocols for the selection of product samples, inspection samples of environmental objects and industrial environment objects, protocols or conclusions of studies, tests and examinations, explanations of legal persons who are held responsible for violation of mandatory requirements or requirements, and other documents or copies thereof related to the results of the inspection).

The inspection report is drawn up immediately after its completion in two copies. One copy of the act is handed over to the manager, other official or authorized representative of the legal entity, individual entrepreneur, his authorized representative against signature, and in the absence of such persons or their refusal to familiarize themselves with the act, it is sent by registered mail.

It is important to know! The inspection report must be handed to the person being inspected along with applications.
In practice, inspection authorities often ignore this legal requirement, handing over an inspection report without the appropriate attachments.

In this case, the entrepreneur has the right to demand from the inspector the delivery of copies of all documents attached to the inspection report, and also to make an entry in the act that the attachments to the inspection report were not handed over to him.
If the inspection body refuses to deliver a properly executed inspection report, this may be regarded by the court as a gross violation of the requirements of Federal Law No. 294-FZ, entailing the invalidity of the inspection results (clause 6, part 1, article 20 of Law No. 294-FZ).

It is also necessary to keep in mind that violation of the deadline established by law and the procedure for delivering the inspection report in practice is not recognized as a gross violation entailing the invalidity of the inspection results.

In case of disagreement with the facts and conclusions set out in the inspection report, a legal entity or individual entrepreneur has the right to submit their objections in writing.
Objections are submitted to the relevant state or municipal control body within 15 days from the date of receipt of the inspection report.
If the organization can provide documents confirming the validity of the objections, certified copies of such documents should be attached.

This article discusses only part of the most general issues related to conducting scheduled inspections of legal entities and individual entrepreneurs.

When preparing for a scheduled inspection, entrepreneurs need to understand that there are no standard situations. In each specific case, it is necessary to take into account the specifics of the legal regulation of inspections by one or another control and supervisory authority.

However, a general understanding by entrepreneurs of the essence of control and supervisory activities carried out by the state, its basic principles, and general law enforcement approaches to resolving controversial situations that arise in practice will help improve their general legal culture and help them respond competently to the inspector’s visit.

A comment

M. Skoudutis
lawyer

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor) was formed by Decree of the President of the Russian Federation N 314 *1. The Federal Service carries out its activities in accordance with Decree of the Government of the Russian Federation N 154 *2 and on the basis of the Regulations, approved. Decree of the Government of the Russian Federation dated June 30, 2004 N 322 . Rospotrebnadzor exercises control and supervision in the field of sanitary and epidemiological well-being of the population of the Russian Federation, protection of consumer rights in the consumer market. Read about how control of legal entities and individual entrepreneurs is carried out in this article.
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*1 Decree of the President of the Russian Federation dated 03/09/2004 N 314 “On the system and structure of federal executive bodies” .
*2 Decree of the Government of the Russian Federation dated 04/06/2004 N 154 “Questions Federal service for supervision in the field of consumer rights protection and human well-being"

Requirements for the procedure for organizing inspections of legal entities and individual entrepreneurs are contained in Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (Further - Law N 294-FZ ). These standards are detailed in acts of various bodies, in particular Rospotrebnadzor itself.

Law N 294-FZ does not apply to the actions of government bodies during administrative investigations and control of financial markets.

Since the legislation of the Russian Federation does not define the content of the concept “financial market”, Rospotrebnadzor, when exercising its powers of control (supervision) in the consumer market, proceeds from the fact that the activities of credit institutions (banks) in providing financial services forms the financial services market. In turn, financial services are generally understood as activities related to attracting and using Money both legal entities and individuals (consumers), and under the financial market - a set of various financial services (lending, insurance, raising funds on deposits, etc.).

Accordingly, such a market is subject to control by Rospotrebnadzor (its territorial bodies) in its relevant part if there are consumer legal relations.

Legal position of Rospotrebnadzor on this issue found its confirmation in judicial practice.

Thus, in the decision of the Thirteenth Arbitration Court of Appeal dated March 11, 2010 in case No. A26-11264/2009, upheld by the court of cassation, the court directly indicated that, in accordance with Part 3 Art. 1 of Law N 294-FZ The provisions of the Law establishing the procedure for organizing and conducting inspections do not apply to the actions of government bodies in the conduct of financial control, control in financial markets, and banking supervision.

In the decision of the Arbitration Court of the Republic of Sakha (Yakutia) dated January 22, 2010 in case No. A58-162/2010, which entered into legal force and was not appealed in accordance with the established procedure, the court also applied a similar interpretation of the law, additionally indicating that in the case under consideration, the Rospotrebnadzor Office for The Republic of Sakha (Yakutia) took appropriate measures against the bank as part of the implementation Code of the Russian Federation on Administrative Offenses and the Law of the Russian Federation "On the Protection of Consumer Rights".

Scheduled and unscheduled inspections

According to Art. 9 And 10 of Law N 294-FZ inspections are divided into scheduled and unscheduled.

The subject of a scheduled inspection is compliance by a legal entity or an individual entrepreneur in the process of carrying out activities with the mandatory requirements of regulations in the field of sanitary and epidemiological welfare of the population, protection of consumer rights, the consumer market, as well as compliance of the information contained in the notification of the commencement of certain types of business activities with mandatory requirements.

The subject of an unscheduled inspection is compliance by a legal entity or an individual entrepreneur in the process of carrying out activities with the mandatory requirements of regulations in the field of sanitary and epidemiological welfare of the population, protection of consumer rights, the consumer market, compliance with the instructions of Rospotrebnadzor authorities, carrying out measures to prevent harm to the life and health of citizens, eliminating the consequences of causing such harm.

By order of the Ministry of Economic Development of Russia dated 30.04.2009 N 141 standard forms approved:

- instructions or orders of the state control (supervision) body, municipal control body to conduct an inspection of a legal entity, individual entrepreneur;

- applications for approval by the state control (supervision) body, municipal control body and the prosecutor's office of an unscheduled on-site inspection of a legal entity, individual entrepreneur;

- an inspection report by the state control (supervision) body, municipal control body of a legal entity, individual entrepreneur;

- a log of inspections of a legal entity, individual entrepreneur, carried out by state control (supervision) bodies, municipal control bodies.

Scheduled check

A scheduled inspection is carried out no more than once every three years in relation to one legal entity or one individual entrepreneur on the basis of an annual inspection plan approved by the head of the territorial body of Rospotrebnadzor. However, there are exceptions to this rule. Yes, according to Art. 9 of Law N 294-FZ in relation to legal entities and individual entrepreneurs carrying out activities in the field of healthcare, education, and the social sphere, scheduled inspections can be carried out twice or more within three years. List of activities in the field of healthcare, education and social sphere, carried out by legal entities and individual entrepreneurs, in respect of which scheduled inspections are carried out at established intervals, approved. Decree of the Government of the Russian Federation dated November 23, 2009 N 944 .

The plan for conducting inspections in relation to a legal entity that operates in the territories of several constituent entities of the Russian Federation is established separately for each branch, representative office of the legal entity located in the corresponding constituent entity of the Russian Federation.

The inspection is carried out taking into account the work schedule of the person subject to inspection. In other words, if the operating hours of your enterprise are from 9.00 to 20.00, then inspectors do not have the right to come at odd times (for example, at 7 a.m. or 10 p.m.). Otherwise, you will be able to challenge their actions.

When organizing a scheduled on-site inspection of a small business entity, the following rules apply:

- the total period for conducting such an inspection cannot exceed 50 hours for one small enterprise and 15 hours for one micro-enterprise per year;

- when calculating the number of days allotted for an inspection, those working days of a legal entity or individual entrepreneur subject to inspection, which are also working days for officials of the relevant territorial body of Rospotrebnadzor, are taken into account;

- when calculating the number of hours allotted for an inspection, those working hours of a legal entity or individual entrepreneur subject to inspection, which are also working hours for Rospotrebnadzor officials, are taken into account. Requirements for the procedure for organizing and conducting a scheduled inspection are set out in Art. 9 of Law N 294-FZ .

Scheduled inspections are carried out on the basis of annual plans developed by territorial bodies of Rospotrebnadzor in accordance with their powers. The annual plan for conducting scheduled inspections, approved by the head of the territorial body of Rospotrebnadzor (his deputy), is brought to the attention of interested parties by posting it on the official website of the territorial body of Rospotrebnadzor on the Internet or in any other accessible way.

Requirements for the content of annual plans for conducting routine inspections are specified in Part 4 Art. 9 of Law N 294-FZ .

Decree of the Government of the Russian Federation dated June 30, 2010 N 489 Rules for the preparation by state control (supervision) bodies and municipal control bodies of annual plans for conducting scheduled inspections of legal entities and individual entrepreneurs were approved. Lack of grounds for conducting a scheduled inspection ( Part 2 and Part 3 Art. 9 of Law N 294-FZ ) belongs to the category of gross violations of the requirements for organizing and conducting inspections ( Art. 20 Law No. 294-FZ

The basis for including a scheduled inspection in the annual plan for conducting scheduled inspections is the expiration of three years from the date of:

- state registration of a legal entity, individual entrepreneur;

- completion of the last scheduled inspection of a legal entity, individual entrepreneur;

- the start of a legal entity or individual entrepreneur carrying out entrepreneurial activities in accordance with the submitted notice of the beginning of certain types of business activities in the case of performing work or providing services that require the submission of the specified notification.

The above list of grounds is closed, i.e. It is not permitted to carry out scheduled inspections for reasons not specified therein. During the period between scheduled inspections in the cases specified in current legislation, unscheduled inspections and procedural measures may be carried out, provided, in particular, Code of Administrative Offenses of the Russian Federation . A scheduled inspection can be documentary or on-site.

Note!

The form of the inspection is chosen by the head (deputy head) of the Rospotrebnadzor body and indicated in the order to conduct the inspection.

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The Rospotrebnadzor body notifies a legal entity or individual entrepreneur of a scheduled inspection no later than three working days before the start of the inspection. He sends a copy of the order of the head (deputy head) of the Rospotrebnadzor body to begin a scheduled inspection by registered mail with return receipt requested or in any other available way ( part 12 art. 9 of Law N 294-FZ ).

Violation of the deadline in question falls into the category of gross violations of the requirements for organizing and conducting inspections ( Art. 20 Law No. 294-FZ ), entailing the cancellation of the inspection results at the request of the person being inspected. In addition to sending the specified notice by registered mail part 12 art. 9 of Law N 294-FZ allows for other available methods of notification.

If the person being inspected is located remotely, a copy of the inspection order can be sent by fax, followed by receiving back via fax a copy of the order containing a note that a copy of the document was received by an authorized representative of the person being inspected, indicating the date and time of receipt, as well as including the signature and data signatory (full name, position). So if you receive a fax like this, keep in mind that this is proper notice.

Features of conducting scheduled inspections of members self-regulatory organizations indicated in Parts 10, 13 and 14 art. 9 of Law N 294-FZ .

The subject of a scheduled inspection is compliance by a legal entity or individual entrepreneur with mandatory requirements in the process of carrying out activities, as well as compliance of the information contained in the notification of the commencement of certain types of business activities with mandatory requirements.

You can find out whether an inspection of your enterprise is scheduled for this year on the websites of the territorial bodies of Rospotrebnadzor. For example, on the website of Rospotrebnadzor for Moscow (http://77rospotrebnadzor.ru).

How is the plan agreed upon with the prosecutor's office?

Draft annual plans for conducting scheduled inspections of legal entities and individual entrepreneurs developed by Rospotrebnadzor bodies and signed by their heads (deputy heads) are sent to the relevant prosecutorial authorities by September 1 of the year preceding the year of scheduled inspections.

Prosecutor's offices review draft annual plans for conducting scheduled inspections for the legality of including objects of state control (supervision) in them and, before October 1 of the year preceding the year of scheduled inspections, make proposals to the heads of Rospotrebnadzor bodies to conduct joint scheduled inspections with other state control bodies (supervision) and municipal control bodies.

Rospotrebnadzor bodies must consider the above proposals from the prosecutor's office and, based on the results of their consideration, send to the relevant prosecutor's office, by November 1 of the year preceding the year of scheduled inspections, annual plans for conducting scheduled inspections, signed by the heads of Rospotrebnadzor bodies or their deputies. Annual plans are sent by registered mail with return receipt requested on paper, with an electronic copy attached.

The prosecutor's office, before December 1 of the year preceding the year of scheduled inspections, summarizes the annual plans for conducting scheduled inspections received from state control (supervision) bodies and municipal control bodies and sends them to the Prosecutor General's Office of the Russian Federation to formulate an annual consolidated plan for conducting scheduled inspections. The General Prosecutor's Office of the Russian Federation forms an annual consolidated plan for conducting scheduled inspections and posts it on the official website on the Internet (www.genproc.gov.ru) until December 31 of the current calendar year.

Unscheduled inspection

An unscheduled inspection is carried out for each fact that is the basis for its conduct in accordance with Part 2 Art. 10 of Law N 294-FZ .

It is important to note that the time limits for inspections established Part 2 Art. 13 of Law No. 294-FZ in relation to small enterprises and micro-enterprises, do not apply to unscheduled inspections. In other words, for any unscheduled inspections, there is a general limit of 20 working days for each of them. Please note that extensions to unscheduled inspections are not permitted.

An unscheduled inspection can be documentary or on-site. The form of the inspection is chosen by the head (deputy head) of the Rospotrebnadzor body and indicated in the order to conduct the inspection.

According to Art. 10 of Law N 294-FZ An unscheduled inspection is possible in the following cases:

1) expiration of the deadline for execution by a legal entity, individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements and (or) requirements established by municipal legal acts;

2) receipts by state control (supervision) bodies, municipal control bodies of appeals and applications from citizens, legal entities, individual entrepreneurs, information from government bodies, local government bodies, from funds mass media about the following facts:

- the emergence of a threat of harm to life, health of citizens, harm to animals, plants, environment, objects cultural heritage(historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as threats emergency situations natural and man-made;

- causing harm to the life and health of citizens, harm to animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies. An unscheduled on-site inspection of legal entities and individual entrepreneurs can be carried out on the grounds specified in subparagraphs 1 and 2, by state control (supervision) bodies, municipal control bodies after agreement with the prosecutor's office at the place of activity of such legal entities, individual entrepreneurs;

3) violations of consumer rights (in the case of appeals from citizens whose rights have been violated);

4) issuance of an order (instruction) of the head of the state control (supervision) body.

The procedure for the approval by the state control (supervision) body, the municipal control body with the prosecutor's office of an unscheduled on-site inspection of a legal entity, individual entrepreneur, as well as the approval of the prosecutor's office for the approval of an unscheduled on-site inspection is established by order Prosecutor General RF (see order of the Prosecutor General's Office of the Russian Federation dated March 27, 2009 N 93 "On the implementation of the Federal Law dated December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (together with the “Procedure for approval by the prosecutor’s office of unscheduled on-site inspections of legal entities and individual entrepreneurs”; as amended on May 12, 2010)).

Methodological recommendations on the procedure for applying the Administrative Regulations of the Federal Service for Supervision of the Protection of Consumer Rights and Human Welfare for the performance of the state function of carrying out, in the established manner, verification of the activities of legal entities, individual entrepreneurs and citizens in compliance with the requirements of sanitary legislation, laws and other regulatory legal acts of the Russian Federation Federations regulating relations in the field of consumer protection and compliance with the rules for the sale of certain types of goods provided for by law, performance of work, provision of services (dated 04.04.2008 N 01/3054-8-34) are intended for use by authorized officials of the Federal Supervision Service in the field of consumer rights protection and human well-being and territorial bodies - Rospotrebnadzor departments for the constituent entities of the Russian Federation. However, it doesn’t hurt to know their situation. This will help you learn better about what rights inspectors have and what they don’t, and understand how to prevent violations of your rights, and if they are violated, how to protect them.

Note!

If there are no grounds, unscheduled inspections are prohibited. Violation of this rule falls into the category of gross violations of the requirements for organizing and conducting inspections ( Art. 20 Law No. 294-FZ ), entailing the cancellation of the results of the inspection at the request of the person being inspected, and is also the basis for bringing the guilty officials to justice.

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If signs of administrative offenses are identified, but in the absence of the above grounds for conducting an unscheduled inspection, the procedural actions specified in Code of Administrative Offenses of the Russian Federation , such as an administrative investigation.

It is worth noting that citizens’ appeals to Rospotrebnadzor are considered in accordance with the requirements Federal Law of May 2, 2006 N 59-FZ "On the procedure for considering appeals from citizens of the Russian Federation" .

Please note that in the event of receiving an application that has signs of anonymity (i.e. without indicating the applicant’s surname and postal address), but containing information about causing harm to the life, health of citizens or the emergence of a threat of causing such harm, as well as a violation of consumer rights, The Rospotrebnadzor official considering this appeal will have to take measures to establish the identity of the applicant based on the information specified in his appeal (telephone number, address Email and so on.).

Appeals and statements that do not allow identifying the person who applied to the Rospotrebnadzor authorities, as well as appeals and statements that do not contain information about the facts specified in subparagraph. 2 clause 5.4 of the Methodological Recommendations cannot serve as a basis for conducting an inspection. Therefore, there is no need to fear that an anonymous ill-wisher will decide to slander your company.

Unscheduled inspections are subject to agreement with the prosecutor's office only if the following circumstances exist:

- the inspection is on-site;

- the inspection is carried out on the grounds specified in subp. "a" and "b" clause 2, part 2, art. 10 of Law N 294-FZ (causing harm to the life or health of citizens or the emergence of a threat of this harm).

The procedure for approval by the prosecutor's office of an unscheduled on-site inspection of a legal entity, individual entrepreneur, as well as the approval of the prosecutor's office for approval of an unscheduled on-site inspection is established by order of the Prosecutor General of the Russian Federation dated March 27, 2009 N 93 . Failure to coordinate an unscheduled on-site inspection under the above circumstances with the relevant prosecutor’s office falls into the category of gross violations of the requirements for organizing and conducting inspections ( Art. 20 Law No. 294-FZ ), entailing the cancellation of the results of the inspection at the request of the person being inspected, and is also the basis for bringing the guilty officials to justice. If the basis for conducting an unscheduled on-site inspection is harm to the life or health of citizens, as well as the detection of violations of mandatory requirements in the field of sanitary and epidemiological welfare of the population, protection of consumer rights and the consumer market at the time of such violations, in connection with the need to take urgent measures, Rospotrebnadzor authorities has the right to begin an unscheduled on-site inspection immediately with notification of the prosecutor's office about the implementation of control measures by sending the relevant documents within 24 hours ( part 12 art. 10 of Law N 294-FZ ). In this case, the prosecutor or his deputy makes a decision to approve an unscheduled inspection on the day the relevant documents are received.

The person being inspected must be notified by any available means at least 24 hours before the start of an unscheduled on-site inspection, the basis for which is:

1) expiration of the deadline for execution by a legal entity or individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements;

2) order (instruction) of the head of the Rospotrebnadzor body, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation.

Violation of this deadline falls into the category of gross violations of the requirements for organizing and conducting inspections ( Art. 20 Law No. 294-FZ ), entailing the cancellation of the inspection results at the request of the person being inspected.

If, as a result of the activities of a legal entity or individual entrepreneur, harm is caused or is being caused to the life and health of citizens, advance notice legal entities and individual entrepreneurs are not required to initiate an unscheduled on-site inspection ( Part 17 Art. 10 of Law N 294-FZ ).

This notification is also not required if the basis for conducting inspections is specified in clause 2, part 2, art. 10 of Law N 294-FZ (receipt of appeals, statements, information about the emergence of a threat of harm to the life and health of citizens, about violation of consumer rights).

Documentary verification

The documentary check is carried out at the location of the Rospotrebnadzor body.

According to Art. 11 of Law N 294-FZ the subject of documentary verification are:

- information contained in the documents of a legal entity, individual entrepreneur, establishing their organizational and legal form, rights and obligations;

- documents used in the implementation of their activities and related to their fulfillment of mandatory requirements and requirements established by municipal legal acts, execution of instructions and resolutions of state control (supervision) bodies, municipal control bodies.

Note!

As stated in Art. 11 of Law N 294-FZ , when conducting a documentary check, inspectors do not have the right to demand from a legal entity or individual entrepreneur information and documents that are not related to the subject of the documentary check.

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In the process of conducting a documentary check, Rospotrebnadzor officials first of all review the documents of a legal entity or individual entrepreneur at the disposal of the Rospotrebnadzor body, incl. notifications of the commencement of certain types of business activities, submitted in accordance with the requirements Art. 8 of Law No. 294-FZ , reports of previous inspections, materials of consideration of cases of administrative offenses and other documents on the results of state control (supervision) carried out in relation to this legal entity or individual entrepreneur.

If the reliability of the information contained in the documents available to the Rospotrebnadzor body raises reasonable doubts or this information does not allow assessing the fulfillment by a legal entity or individual entrepreneur of mandatory requirements in the field of sanitary and epidemiological welfare of the population, consumer protection, consumer market, an official of Rospotrebnadzor, the person carrying out the inspection sends a reasoned request to the person being inspected with a requirement to submit other documents necessary for consideration during the documentary inspection ( Art. 11 of Law N 294-FZ ).

Please note that controllers do not have the right to require notarization of copies of documents if this is not provided for by the legislation of the Russian Federation.

From January 1, 2011, Rospotrebnadzor inspection officials are also prohibited from requesting from the person being inspected information and documents that can be obtained by the Rospotrebnadzor body from other state control (supervision) bodies and municipal control bodies.

Please note that failure to submit documents may result in administrative penalties provided for Art. 19.7 Code of Administrative Offenses of the Russian Federation .

According to Part 5 Art. 11 of Law N 294-FZ within 10 working days from the date of receipt of a reasoned request, a legal entity or individual entrepreneur is required to send to the Rospotrebnadzor body the documents specified in the request in the form of copies certified by a seal (if any) and, accordingly, the signature of the individual entrepreneur, his authorized representative, manager, or other official legal entity.

If, during a documentary check, inspectors identify errors or contradictions in the documents submitted by the person being inspected, or a discrepancy between the information contained in these documents and the information contained in the documents available to the Rospotrebnadzor body, they send information about this to the person being inspected with the requirement to submit the necessary information within 10 working days. explanations in writing.

The person being inspected, along with explanations, has the right to submit additional documents confirming the accuracy of the previously submitted documents. Therefore, if the discrepancy is caused by some error and you have documents confirming this, be sure to attach them to the explanations.

If, after reviewing the explanations and documents, or in the absence of explanations, the Rospotrebnadzor body establishes signs of violation of mandatory requirements in the field of sanitary and epidemiological welfare of the population, protection of consumer rights and the consumer market, Rospotrebnadzor officials specified in the order to conduct the inspection have the right to conduct an on-site inspection.

On-site inspection

According to Art. 12 of Law No. 294-FZ The subject of the on-site inspection is:

- compliance of their employees;

- the condition of the territories, buildings, structures, structures, premises, equipment, similar objects, vehicles used by the indicated persons in carrying out their activities;

- goods produced and sold by a legal entity, individual entrepreneur (work performed, services provided) and measures taken by them to comply with mandatory requirements and requirements established by municipal legal acts.

An on-site inspection (both scheduled and unscheduled) is carried out at the location of the legal entity, the place of activity of an individual entrepreneur and (or) at the place of actual implementation of their activities. An on-site inspection is carried out if it is impossible to:

- to verify the completeness and reliability of the information contained in the notification of the commencement of certain types of business activities and other documents of a legal entity or individual entrepreneur available to the state control (supervision) body, municipal control body;

- assess the compliance of the activities of a legal entity or individual entrepreneur with mandatory requirements or requirements established by municipal legal acts, without carrying out appropriate control measures.

An on-site inspection begins with the inspectors presenting their official ID.

Control measures are carried out on the basis of orders from state control (supervision) bodies. This is a general requirement for inspections by all regulatory authorities. It is enshrined in Law N 294-FZ . Inspectors must familiarize the head or other official of a legal entity, individual entrepreneur, or his authorized representative with the order or order appointing an on-site inspection and the powers of the persons conducting the on-site inspection. They must also familiarize these persons with the goals, objectives, grounds for conducting an on-site inspection, the types and scope of control measures, the composition of experts, representatives of expert organizations involved in an on-site inspection, the terms and conditions of its conduct. This is stated in Art. 12 of Law No. 294-FZ .

The inspection can be carried out only by the official (persons) indicated in the order (order) to carry out the control measure.

The order must indicate:

- name of the state control (supervision) body or municipal control body;

- last names, first names, patronymics, positions of the official or officials authorized to conduct the inspection, as well as experts and representatives of expert organizations involved in the inspection;

- name of the legal entity or surname, name, patronymic of the individual entrepreneur, the verification of which is carried out;

- goals, objectives, subject of the inspection and the period for its implementation;

- legal grounds for conducting an inspection, incl. mandatory requirements and requirements established by municipal legal acts that are subject to verification;

- timing and list of control measures necessary to achieve the goals and objectives of the audit;

- a list of administrative regulations for carrying out control measures, administrative regulations for interaction;

- a list of documents, the submission of which by a legal entity or individual entrepreneur is necessary to achieve the goals and objectives of the audit;

- start and end dates of the inspection.

The above information (information) in the inspection order is mandatory. Other information is classified as optional. The form of the order (order) to conduct an inspection must correspond to the standard form approved by order of the Ministry of Economic Development of Russia. Standard form of order approved. by order of the Ministry of Economic Development of Russia dated 30.04.2009 N 141 (Further - order N 141 ).

If several people come to you for inspection, make sure their names are indicated in the order. Only the inspector whose name is on the presented document has the right to conduct an inspection.

An order to conduct an inspection, to extend the period of its conduct or to terminate it has the right to sign:

- head of Rospotrebnadzor or his deputy;

- head of the Rospotrebnadzor department for the constituent entity of the Russian Federation, for railway transport or his deputy;

- head of the territorial department of Rospotrebnadzor for the constituent entity of the Russian Federation, for railway transport or his deputy.

Note!

Carrying out an inspection without an order to conduct it falls into the category of gross violations ( Art. 20 Law No. 294-FZ ), entailing the cancellation of the inspection results at the request of the person being inspected. A certified copy of the order must be handed over to the representative of the organization being inspected against signature, simultaneously with the presentation of the inspector's official ID. If the inspectors have not presented you with an order to conduct an inspection and an official ID, you may refuse to let the inspectors in. Such a check is illegal.

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If the inspectors have everything in order with the documents, there is no need to interfere with the inspection. Otherwise, you may be fined. IN Article 19.4 of the Code of Administrative Offenses of the Russian Federation Sanctions have been established for disobedience to the lawful order of an official of the body exercising state supervision (control), as well as for obstructing the performance of official duties by this official - a warning or a fine (for citizens - in the amount of 500 to 1000 rubles; for officials - from 2000 to 4000 rub.).

Before starting an on-site inspection, you may also request that you be familiarized with the provisions of the administrative regulations in accordance with which it is carried out.

According to requirements Part 5 Art. 12 of Law No. 294-FZ a manager, another official or an authorized representative of a legal entity, an individual entrepreneur, or his authorized representative are obliged to provide Rospotrebnadzor officials conducting an on-site inspection with the opportunity to familiarize themselves with documents related to the goals, objectives and subject of the on-site inspection, if this was not preceded by a documentary inspection. In addition, the obligation is established to ensure access for officials conducting an on-site inspection and experts and representatives of expert organizations participating in an on-site inspection to the territory used by a legal entity, individual entrepreneur in the implementation of activities of buildings, structures, structures, premises, to used by legal entities, individual entrepreneurs equipment, similar objects, vehicles and the goods they carry.

In case of failure to provide the requested information within the established time frame, as well as in the event of obstruction or other opposition from representatives of the person being inspected to Rospotrebnadzor officials during inspections, failure to comply with their legal requirements, etc. Rospotrebnadzor officials should exercise the powers they have to bring the perpetrators to administrative responsibility as provided for Part 1 Art. 19.4 (disobedience to a lawful order of an official of a body exercising state supervision (control)), Part 1 Art. 19.5 (failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control)), Art. 19.7 (failure to provide information (information)) Code of Administrative Offenses of the Russian Federation .

To take samples (samples) in cases where the use of special knowledge, skills, and special technical means is required, experts and expert organizations specified in the order to conduct the inspection are involved.

Of course, since the inspection process inspects compliance with mandatory requirements in the field of sanitary and epidemiological human well-being and consumer protection, most Rospotrebnadzor inspections are on-site.

At the request of the inspected person (his representatives), Rospotrebnadzor officials are required to provide information about Rospotrebnadzor and its relevant territorial body, as well as about experts and expert organizations in order to confirm their powers.

Involved experts and expert organizations must be accredited in accordance with the procedure regulated by the Rules for the accreditation of citizens and organizations involved by state control (supervision) bodies and municipal control bodies to carry out control activities, approved. Decree of the Government of the Russian Federation dated August 20, 2009 N 689 .

From January 1, 2011, the involvement of experts and expert organizations that are not duly accredited in the implementation of control measures falls into the category of gross violations ( Art. 20 Law No. 294-FZ ), entailing the cancellation of the inspection results at the request of the person being inspected.

During an on-site inspection, an examination of the territories, buildings, structures, structures, premises, equipment, similar objects, vehicles and cargo transported by the indicated persons is carried out by the person subject to inspection; sampling (sampling) of products, environmental objects and production environment (if necessary); conducting examinations and (or) investigations aimed at establishing a cause-and-effect relationship between the identified violation of mandatory requirements and the facts of harm.

Note!

Rospotrebnadzor bodies do not have the right to involve experts and expert organizations that are members of civil law and labor relations with the inspected person, as well as affiliates of the inspected persons.

From January 1, 2011, participation in inspections of experts, expert organizations that have civil and labor relations with a legal entity or individual entrepreneur in respect of whom inspections are carried out falls into the category of gross violations ( Art. 20 Law No. 294-FZ ), entailing the cancellation of the inspection results at the request of the person being inspected.

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Specified in part 6 art. 12 of Law No. 294-FZ the ban applies only to cases of involving experts and expert organizations in conducting an on-site inspection, i.e. These restrictions, for example, do not apply to:

- to carry out an administrative investigation (including during examinations, investigations, studies, tests, etc.), regulated by regulations Code of Administrative Offenses of the Russian Federation ;

- conducting documentary checks;

- investigation of the causes of infectious and widespread non-infectious diseases and poisonings;

- circumstances when interaction between Rospotrebnadzor bodies and inspected legal entities, individual entrepreneurs is not required, and these persons are not charged with providing information and fulfilling the requirements of Rospotrebnadzor bodies (for example, in cases where Rospotrebnadzor officials, with the involvement of experts, expert organizations, record facts of violations without interaction with a suspect).

The prohibition applies only to cases of civil law and labor relations between the expert, expert organization and the person being inspected during the period of the on-site inspection.

If before the start date of the inspection the specified legal relations existed but were terminated, then the involvement of experts and expert organizations in conducting an on-site inspection is not a violation of the prohibition.

In some cases, inspectors from Rospotrebnadzor may take samples (samples) of products, environmental objects and the production environment for the purpose of conducting their research, testing, and measurements. This is possible if such a product, environmental object or industrial environment is the subject of inspection, and, based on the content of the appeal (information) that served as the basis for the inspection, resulted or could result in:

- the emergence of a threat of harm to the life and health of citizens;

- causing harm to the life and health of citizens;

- violation of consumer rights.

In addition, research, testing, measurements and toxicological, hygienic and other types of assessments are carried out mandatory in cases where the mandatory requirements contain requirements for product indicators, environmental objects or the working environment, the assessment of which is impossible without conducting appropriate examinations, studies, tests and toxicological, hygienic and other types of assessments.

To carry out sampling (sampling) in cases where the use of special knowledge, skills, and special technical means is required, specialists specified (as experts) in the order to conduct this inspection are involved.

It is worth noting that such experts can be specialists from the center of hygiene and epidemiology in the relevant constituent entity of the Russian Federation or its branch, or from another accredited organization.

The register of accredited organizations carrying out research, testing, toxicological, hygienic and other types of assessments is published on the official website of Rosstandart (formerly Rostechregulirovanie).

The Rospotrebnadzor official authorized to conduct the inspection is obliged to draw up a protocol for the selection of samples (samples) of products, environmental objects and the production environment and the transfer of the selected samples (samples) to an accredited expert or expert organization.

Rights and obligations of representatives of Rospotrebnadzor

It must be remembered that not only entrepreneurs have responsibilities. You need to know the rights and responsibilities of controllers. After all, if they break the law, this will give you the opportunity to declare the check illegal.

If inspectors, for example, prevent your presence during an inspection, this is illegal. You should first verbally point out this violation to them. Most likely, after this the controllers will stop violating your rights. This should not be forgotten in case of challenging the results of the audit. After all, such a violation of the law may lead to the inspection being declared illegal.

According to Art. 15 of Law N 294-FZ When conducting an inspection, officials of the state control body do not have the right to:

- verify compliance with mandatory requirements and requirements not related to the powers of the state control (supervision) body, municipal control body, on behalf of which these officials act;

- carry out a scheduled or unscheduled on-site inspection in the absence of a manager, other official or authorized representative of a legal entity, individual entrepreneur, or his authorized representative during its conduct, except for the case of such an inspection on the basis provided for, i.e. when causing harm to the life and health of citizens, harm to animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies;

- demand the presentation of documents, information, product samples, inspection samples of environmental objects and industrial environment objects, if they are not the objects of inspection or do not relate to the subject of inspection, and also confiscate the originals of such documents;

- disseminate information obtained as a result of the inspection and constituting a state, commercial, official, or other secret protected by law, except for cases provided for by the legislation of the Russian Federation;

- exceed the established deadlines for conducting the inspection;

The rights and responsibilities of inspectors from Rospotrebnadzor are detailed in the Guidelines for the application of standards Federal Law of December 26, 2008 N 294-FZ (approved by order of Rospotrebnadzor dated March 24, 2010 N 103 ). This document stipulates that when conducting an inspection, Rospotrebnadzor officials do not have the right to carry out a scheduled or unscheduled on-site inspection if the head, other official or authorized representative of a legal entity, individual entrepreneur, or his authorized representative is not present during the inspection, except in the case of such an inspection being carried out by the basis provided for subp. "b" clause 2, part 2, art. 10 of Law N 294-FZ (causing harm to the life and health of citizens).

- verify compliance with mandatory requirements and requirements established by municipal legal acts, if such requirements do not fall within the powers of Rospotrebnadzor;

- demand the presentation of documents, information, product samples, samples, if they are not the objects of inspection or do not relate to the subject of inspection, and also confiscate the originals of such documents;

- take product samples, inspection samples of environmental objects and industrial environment objects for carrying out their research, testing, measurements without drawing up protocols on the selection of these samples, samples in the prescribed form and in quantities exceeding the norms established by national standards, rules for the selection of samples, samples and methods of their research, testing, measurements, technical regulations or other regulatory technical documents and rules and methods of research, testing, measurements valid until the day they enter into force;

- issue instructions or proposals to legal entities and individual entrepreneurs to carry out control measures at their expense.

When conducting an inspection, Rospotrebnadzor officials are obliged to:

- timely and fully fulfill the powers granted in accordance with the legislation of the Russian Federation to prevent, identify and suppress violations of mandatory requirements;

- comply with the legislation of the Russian Federation, the rights and legitimate interests of a legal entity, individual entrepreneur, the inspection of which is carried out;

- do not prevent the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative from being present during the inspection and giving explanations on issues related to the subject of the inspection;

- provide the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative present during the inspection with information and documents related to the subject of the inspection;

- prove the validity of their actions when appealing them by legal entities and individual entrepreneurs in the manner established by the legislation of the Russian Federation.

Rights and obligations of entrepreneurs

The rights of legal entities and individual entrepreneurs during an inspection are listed in Art. 21 Law No. 294-FZ . Thus, the manager, another official or an authorized representative of a legal entity, an individual entrepreneur, or his authorized representative have the right to be directly present during the inspection and to give explanations on issues related to its subject.

If an official of the organization does not agree with the act drawn up by the inspectors, when signing, you can make a note “disagree” or sign only for its receipt. This is also your right.

Another right of an organization when conducting an inspection is to receive from the state control (supervision) body, municipal control body, and their officials information that relates to the subject of the inspection.

You also have the right to familiarize yourself with the results of the inspection and indicate in the inspection report your familiarization with the results of the inspection, agreement or disagreement with them, as well as with individual actions of officials of the state control (supervision) body, municipal control body.

In addition, you have the right to appeal the actions (inaction) of officials of the state control (supervision) body, municipal control body, which entailed a violation of the rights of a legal entity, individual entrepreneur during an inspection, in administrative and (or) judicial procedure in accordance with the legislation of the Russian Federation.

Article 22 of Law No. 294-FZ establishes the right of legal entities and individual entrepreneurs to compensation for damage caused during the exercise of state control (supervision) and municipal control. Such damage is subject to compensation in accordance with Civil Code of the Russian Federation (via court).

Note!

Damage caused to legal entities and individual entrepreneurs by lawful actions of officials of a state control (supervision) body or municipal control body is not subject to compensation, except in cases provided for by federal laws.

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In turn, in accordance with the requirements Art. 25 of Law N 294-FZ when conducting inspections, legal entities are required to ensure the presence of their managers, other officials or authorized representatives; individual entrepreneurs are required to be present or ensure the presence of authorized representatives responsible for organizing and conducting activities to comply with mandatory requirements.

Requirements for confirmation of powers of a representative of a legal and individual defined in Art. 185 - 189 Civil Code of the Russian Federation.

In case of obstruction or other opposition from the persons being inspected (their representatives) or other persons to Rospotrebnadzor officials during inspections, failure to comply with their legal requirements, etc. Rospotrebnadzor officials should exercise the powers they have to bring the perpetrators to administrative responsibility, provided for, for example, Part 1 Art. 19.4 , Part 1 Art. 19.5 , Art. 19.7 Code of Administrative Offenses of the Russian Federation.

Legal entities, their managers or other officials, individual entrepreneurs who committed a violation may be held liable.

How are the test results presented?

Based on the results of the inspection, the Rospotrebnadzor official who conducted the inspection draws up a report in the prescribed form (in two copies).

Standard form of inspection report approved. by order of the Ministry of Economic Development of Russia dated 30.04.2009 N 141 .

The act reflects the facts of compliance or non-compliance of the activities carried out by the inspected person, goods produced and (or) sold by him (work performed, services provided) established during the inspection with the mandatory requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, protection of consumer rights, and the consumer market.

The inspection report specifies in detail the facts of identified violations of mandatory requirements, disobedience to a legal order or requirement of an official of Rospotrebnadzor, and obstruction of him in the performance of his official duties.
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For information. The head of an educational organization in accordance with employment contract has the right to get acquainted with the text of complaints that are received against the educational organization entrusted to him or against him personally; in addition, it must be remembered that the implementation of control measures without an administrative act of the authorized body is illegal. Very often, in practice, upon citizens’ appeals to the organization, an inspector from the municipal education authority is sent to the organization, but there are no permissions for the inspection (most often - an oral order from the authorities to “figure it out”), therefore, there is no action to take based on its results!

A separate publication will be devoted to the issue of citizens’ appeals, their anonymity and the procedure for their consideration.

3. Conducting an unscheduled inspection in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation and on the basis of the request of the prosecutor to conduct an unscheduled inspection as part of supervision over the implementation of laws on materials and appeals received by the prosecutor's office.

In addition to the listed general grounds for conducting an unscheduled inspection, the Federal Law “On Education in the Russian Federation” (Part 5, Article 93) establishes two additional grounds. Please note that the grounds listed below apply only to conducting inspections within the framework of federal state supervision (over compliance with legislation), but not as a basis for conducting an inspection within the framework of federal state control over the quality of education.

The first basis is the identification of violations of the requirements of legislation on education during state accreditation educational activities. Thus, if, as part of the accreditation examination, facts of violation of education legislation are revealed, for example, as part of admission to a school, then the relevant body for state supervision in the field of education conducts an unscheduled (documentary or on-site) inspection. Previously, the absence of such a basis in the legislation actually created a situation where the supervisory authority was unable to adequately respond to relevant violations in the absence of citizens’ appeals.

The second basis is related to the emphasis placed in the Federal Law “On Education in the Russian Federation” on the development of monitoring in the education system (Article 97). Now an unscheduled inspection can be carried out if control and supervision authorities in the field of education identify violations of the requirements of legislation on education based on monitoring data in the education system. Such a change was necessary because in the absence of appropriate requests from citizens, violations identified during monitoring would remain without an appropriate response from the control and supervision authorities in the field of education.

Organizations are notified of an unscheduled on-site inspection, with the exception of an unscheduled on-site inspection, the basis for which is a complaint of harm to the life and health of citizens, at least twenty-four hours before the start of the inspection by any available means (Part 16, Article 10 of the Federal Law No. 294-FZ).

The period for conducting both on-site and documentary inspections is limited by Art. 13 of Federal Law No. 273-FZ and cannot exceed 20 working days. There are two exceptions.

First. The period for conducting a scheduled on-site inspection in exceptional cases related to the need to conduct complex and (or) lengthy studies, tests, special examinations and investigations may be extended, but not more than twenty working days.

Second. The period for conducting an inspection in relation to an educational organization that operates on the territory of several constituent entities of the Russian Federation is established separately for each branch, while the total period for conducting the inspection cannot exceed sixty working days.

It is important to note that when carrying out an inspection, the inspection body and its officials cannot go beyond its subject matter, as well as their powers. For example, if an inspection is carried out only within the framework of federal state control of the quality of education, then, for example, checking the compliance of buildings and premises with licensing requirements and standards is not allowed. An audit within the framework of federal state supervision in the field of education cannot include an analysis of the financial documentation of an educational organization, since this is not within the powers of the executive authorities of the constituent entities of the Russian Federation exercising delegated powers, and does not relate to the supervision of compliance with legislation on education. In this regard, the head of the organization must clearly understand the subject of control and, during the implementation of control measures, focus his attention precisely on its subject.

Based on the results of the inspection, the officials of the state control (supervision) body conducting the inspection draw up an act in the prescribed form in two copies. The inspection report is issued immediately after its completion. One copy of the act with copies of appendices is handed over to the manager, other official or authorized representative of the organization against a receipt for familiarization or refusal to familiarize with the inspection report. In the absence of an authorized representative, as well as in the event of the person being inspected refusing to give a receipt for familiarization or refusal to familiarize himself with the inspection report, the report is sent by registered mail with return receipt requested. The procedure for drawing up the act and the requirements for its content are established in Art. 16 of Federal Law No. 294-FZ, therefore, within the framework of this publication we will not dwell on these issues in detail.

It seems more important to consider the consequences for an educational organization in cases where certain violations are identified as a result of an audit. If, as a result of an inspection of an educational organization, violations of norms education legislation or requirements federal state educational standard to the results of development basic educational programs, then the educational organization is issued prescription on eliminating the identified violation within a certain term, which cannot exceed six months. If the committed violation contains signs of an administrative offense provided for by the relevant articles of the Special Part of the Code of Administrative Offenses (for the education sector, these are Articles 5.57 and 19.30), then a protocol on the administrative offense is also drawn up.

If the educational organization has not fulfilled the issued order, including if the submitted report does not confirm the fulfillment of this order within the prescribed period or the report on its execution on time has not been submitted at all, then the executive body of the constituent entities of the Russian Federation exercising the delegated powers initiates an administrative case. offense under Part 1 of Art. 19.5., and prohibits admission to this organization.

Finally, if, in a case initiated regarding an administrative offense, the court decides to impose administrative liability, then the executive body of the constituent entities of the Russian Federation exercising the delegated powers again issues an order to eliminate the identified violation and suspends the license of this organization in whole or in part (in relation to certain types of education, levels of education, professions, specialties, areas of training and (or) subtypes of additional education, addresses of places of educational activities) for the period of execution of the repeatedly issued order (if the basis was violations of the legislation on education) or suspends state accreditation in full or in relation to individual levels of education, enlarged groups of professions, specialties and areas of training (if the violations concerned the requirements of federal state educational standards).

Before the expiration of the deadline for the execution of a re-issued order, the body for control and supervision in the field of education must be notified by the educational organization about the elimination of violations, accompanied by documents containing information confirming the execution of the specified order. After receiving such a notification, the education control and supervision authority checks the information contained in it.

The validity of the license or state accreditation is renewed, and the ban on admission is lifted by decision of the body for control and supervision in the field of education from the day following the day of signing the inspection report establishing the fact of execution of the re-issued order.

Otherwise, Federal Law No. 273-FZ provides for the following consequences. If the order to eliminate violations of the legislation of the Russian Federation on education is not executed again, then the body for control and supervision in the field of education applies to the court with an application to revoke the license. The license is suspended for the period until the court decision comes into force.

If the order to eliminate violations of the requirements of the federal state educational standard for the results of mastering basic educational programs is not executed again, the body for control and supervision in the field of education, without going to court, deprives the educational organization of state accreditation in full or in relation to individual levels of education, enlarged groups of professions, specialties and areas of training.

It will also be useful for heads of educational organizations to know that Federal Law No. 294-FZ enshrines (clause 3.1.) a list of control measures that are not regulated by this law. Special attention deserves control and supervision in the financial and budgetary sphere. Very often we have to answer the questions “Why are financial audits carried out so often and why is there no pattern in the timing of their conduct”? Control over the expenditure of budget funds is not subject to Federal Law No. 294-FZ, therefore, it gives complete freedom to the founder of the organization to exercise financial control over the activities of subordinate organizations. In addition, you need to remember that labor code RF dated December 30, 2001 N 197-FZ established that state labor inspectors (legal, labor protection), when carrying out supervisory and control activities, have the right to freely visit organizations of all organizational and legal entities at any time of the day, if they have standard certificates, for the purpose of conducting inspections forms and forms of ownership.

They check a lot, check many, often. The head of the organization always retains the right to appeal in court the results of any inspection if you believe that the truth is on your side. The main thing is that the inspection must have a legal basis, be legally competent, and its results and decisions made on them in accordance with the requirements of Article 29 of Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation” must be posted on the website of the educational organization . Failure to post such information is a reason for a new inspection.

All entrepreneurs periodically face inspections carried out by various inspection organizations - Rospotrebnadzor, Sanitary and Epidemiological Station, Labor Inspectorate, Fire Supervision, Committee for the Protection of Consumer Rights, etc. and so on. There are a lot of inspectors, and perhaps this makes sense, because unscrupulous entrepreneurs, let’s not lie, also happen. But how can honest workers protect themselves from the arbitrariness of officials and lovers of easy money with a “crust”? In the huge mass of laws that protect citizens and consumers, is there a law that protects those who are trying to earn an honest living with their labor? There is such a law - Federal Law “On PROTECTION OF THE RIGHTS OF LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS IN THE EXERCISE OF STATE CONTROL (SUPERVISION) AND MUNICIPAL CONTROL” No. 294-FZ of December 26, 2008 (link).

In this article we will try to briefly, but at the same time in sufficient detail and clearly, display all the rights and obligations of inspectors and auditees, based solely on the current law. All numbers of articles, parts, paragraphs and subparagraphs given below are excerpts from Law No. 294-FZ. Law citations are highlighted in italics.

1. Types of checks.

First, let's figure out what kind of checks there are. They differ in duration - planned And unscheduled, - and by method – documentary And visiting.

1.1. Scheduled checks.

Article 9.Organizing and conducting a scheduled inspection

1. The subject of a scheduled inspection is compliance by a legal entity or an individual entrepreneur in the process of carrying out activities with mandatory requirements and requirements established by municipal legal acts, as well as compliance of the information contained in the notification of the commencement of certain types of business activities with mandatory requirements.

3. Scheduled inspections are carried out on the basis of annual plans developed by state control (supervision) bodies and municipal control bodies in accordance with their powers.

Everything is clear here. Important information for us is contained in Part 2 of Article 9.

2. Scheduled inspections are carried out no more often than once every three years.

Part 8 of Article 9 describes in more detail after what events 3 years must pass for a business entity to be included in the scheduled inspection.

8. The basis for including a scheduled inspection in the annual plan for conducting scheduled inspections is the expiration of three years from the date of:

1. state registration of a legal entity, individual entrepreneur;
2. completion of the last scheduled inspection of a legal entity, individual entrepreneur;
3. the beginning of a legal entity or individual entrepreneur carrying out entrepreneurial activities in accordance with the notification submitted to the federal executive body authorized by the Government of the Russian Federation in the relevant area on the commencement of certain types of entrepreneurial activities in the case of performing work or providing services that require the submission of the specified notification.

The procedure for drawing up plans for annual inspections is also described in great detail in the law. We will not provide a complete description of this process here; we will display only some parts of Article 9.

5. The annual plan for conducting scheduled inspections, approved by the head of the state control (supervision) body or municipal control body, is brought to the attention of interested parties by posting it on the official website of the state control (supervision) body or municipal control body on the Internet or in any other accessible way.

The General Prosecutor's Office of the Russian Federation forms an annual consolidated plan for conducting scheduled inspections and posts it on the official website of the General Prosecutor's Office of the Russian Federation on the Internet by December 31 of the current calendar year. 7.

7.2. Federal executive authorities authorized to exercise federal state control (supervision), before December 31 of the year preceding the year of scheduled inspections, draw up annual plans for conducting scheduled inspections in the relevant field of activity, including information on approved annual plans for conducting scheduled inspections submitted by territorial bodies of the state control (supervision) specified in part 7.1 of this article. Annual plans for conducting scheduled inspections are posted by federal executive authorities on their official websites on the Internet, with the exception of information the free distribution of which is prohibited or limited in accordance with the legislation of the Russian Federation.

Those. schedules of scheduled inspections are publicly available from the end of the year preceding the scheduled inspections. They can be viewed on the official websites of regional inspection organizations, executive authorities, and you can also check yourself on the official website of the Prosecutor General's Office.(http://plan.genproc.gov.ru/plan2012/)

1.2. Unscheduled inspections.

Article 10.Organizing and conducting an unscheduled inspection

1. The subject of an unscheduled inspection is compliance by a legal entity or an individual entrepreneur in the process of carrying out activities with mandatory requirements and requirements established by municipal legal acts, compliance with orders of state control (supervision) bodies, municipal control bodies, taking measures to prevent harm to the life and health of citizens, harm to animals, plants, the environment, to ensure the security of the state, to prevent the occurrence of emergencies of a natural and man-made nature, to eliminate the consequences of causing such harm.

Pay attention to Part 2 of Article 10, which defines grounds for an unscheduled inspection.

2. The basis for conducting an unscheduled inspection is:

1) expiration of the deadline for execution by a legal entity, individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements and (or) requirements established by municipal legal acts;

2) receipt by state control (supervision) bodies, municipal control bodies of appeals and applications from citizens, including individual entrepreneurs, legal entities, information from state authorities, local governments, from the media about the following facts:

c) violation of consumer rights (in the case of appeals from citizens whose rights have been violated);

3) order (instruction) of the head of the state control (supervision) body, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation and on the basis of the request of the prosecutor to conduct an unscheduled inspection as part of supervision over the implementation of laws on materials and appeals received by the prosecutor's office.

Those. An unscheduled inspection cannot be carried out simply at the request of the inspection body. To conduct such an inspection there must be certain grounds - either the period for eliminating violations under the previous inspection has expired, or at the request of the prosecutor, or at the request of citizens, for whom there are also certain restrictions defined in Part 3 of Article 10.

3. Appeals and statements that do not allow identifying the person who applied to the state control (supervision) body, municipal control body, as well as appeals and statements that do not contain information about the facts specified in part 2 of this article, cannot serve as a basis to conduct an unscheduled inspection.

An unscheduled inspection is carried out in the same way as a scheduled one.

4. An unscheduled inspection is carried out in the form of a documentary inspection and (or) an on-site inspection in the manner established, respectively, by Articles 11 and 12 of this Federal Law.

Part 5 of Article 10 is very important and interesting for us.

5. An unscheduled on-site inspection of legal entities and individual entrepreneurs can be carried out on the grounds specified in subparagraphs “a” and “b” of paragraph 2 of part 2 of this article by state control (supervision) bodies, municipal control bodies after agreement with the prosecutor's office at the place of activity of such legal entities and individual entrepreneurs.

Those. unscheduled inspections based on:

a) the emergence of a threat of harm to the life and health of citizens, harm to animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, the security of the state, as well as the threat of natural and man-made emergency situations;

b) causing harm to the life and health of citizens, harm to animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies;

may be carried out only with the approval of the prosecutor's office! For an inspection due to the expiration of the period for eliminating violations under a previous inspection, in the event of a violation of consumer rights and at the request of the prosecutor, approval from the prosecutor's office is not required. But in these cases, with the exception of violation of consumer rights, the inspected party must be notified 24 hours in advance about an unscheduled inspection!

16. A legal entity or individual entrepreneur is notified of an unscheduled on-site inspection, with the exception of an unscheduled on-site inspection, the grounds for which are specified in paragraph 2 of part 2 of this article, by the state control (supervision) body, the municipal control body at least twenty-four hours before start its implementation in any available way.

There are also very critical situations when a warning about an unscheduled inspection is not required, but I hope this will not affect us.

17. If, as a result of the activities of a legal entity or individual entrepreneur, harm has been caused or is being caused to the life, health of citizens, harm to animals, plants, the environment, state security, and also emergency situations of a natural and man-made nature have arisen or may arise, prior notification of legal individuals and individual entrepreneurs are not required to initiate an unscheduled on-site inspection.

1.3. Documentary checks.

We learned that inspections can be planned or unplanned (scheduled and unscheduled). Both are carried out either in the form of a documentary inspection or in the form of an on-site inspection. First, let's find out what a documentary check is.

Article 11. Documentary verification

1. The subject of a documentary check is the information contained in the documents of a legal entity, individual entrepreneur, establishing their organizational and legal form, rights and obligations, documents used in the implementation of their activities and related to their fulfillment of mandatory requirements and requirements established by municipal legal acts, execution of instructions and resolutions of state control (supervision) bodies and municipal control bodies.

2. The organization of a documentary inspection (both scheduled and unscheduled) is carried out in the manner established by Article 14 of this Federal Law, and carried out at the location of the state control (supervision) body, municipal control body.

Those. A documentary check is a check of documents already available to the inspection organizations, and it is carried out directly by the inspection organization itself. If the inspectors don’t have any questions, all the documents are in order, they may not bother you at all. Otherwise, you will receive a formal request to provide additional information necessarily with a certified copy of the order, which is described in part 4 of article 11.

4. If the reliability of the information contained in the documents available to the state control (supervision) body, municipal control body raises reasonable doubts or this information does not allow assessing the fulfillment by a legal entity, individual entrepreneur of mandatory requirements or requirements established by municipal legal acts, the state control (supervision) body, municipal control body sends to the address of the legal entity, the address of the individual entrepreneur a motivated request with a requirement to submit other documents necessary for consideration during the documentary check. Attached to the request a certified copy of the order or order the head, deputy head of the state control (supervision) body, municipal control body on conducting an inspection or his deputy on conducting a documentary inspection.

After receiving your request, you obliged provide the requested documents.

5. Within ten working days from the date of receipt of a reasoned request, a legal entity or individual entrepreneur is obliged to send the documents specified in the request to the state control (supervision) body, municipal control body.

But in no case with you have no right to demand originals documents - only copies certified by your seal and signature.

6. The documents specified in the request are submitted to in the form of copies, certified by the seal (if any) and, accordingly, the signature of the individual entrepreneur, his authorized representative, manager, or other official of the legal entity. A legal entity or individual entrepreneur has the right to submit the documents specified in the request in the form electronic documents in the manner determined by the Government of the Russian Federation.

Also inspection organizations do not have the right to require notarization copies of documents.

7. It is not allowed to require notarization copies of documents submitted to the state control (supervision) body, municipal control body, unless otherwise provided by the legislation of the Russian Federation.

Parts 8 and 9 of Article 11 regulate the procedure for work in the event of identifying contradictions in the information contained in the documents that the inspection organization has with the information in additional documents provided.

8. If, during a documentary check, errors and (or) contradictions are revealed in the documents submitted by a legal entity, individual entrepreneur, or a discrepancy between the information contained in these documents and the information contained in the state control (supervision) body, municipal control body documents and (or) received during the implementation of state control (supervision), municipal control, information about this is sent to the legal entity, individual entrepreneur with the requirement to provide the necessary explanations in writing within ten working days.

9. A legal entity, individual entrepreneur, submitting to the state control (supervision) body, municipal control body explanations regarding identified errors and (or) contradictions in the submitted documents or regarding the inconsistency of the information specified in part 8 of this article, has the right to additionally submit to the state control body (supervision), municipal control body documents confirming the accuracy of previously submitted documents.

If you have not provided any additional documents or explanations, or these explanations and documents still do not satisfy the inspection body, then they have every right to arrange an on-site inspection, as defined in Part 10 of Article 11.

10. The official who conducts the documentary check is obliged to consider the explanations and documents submitted by the head or other official of the legal entity, individual entrepreneur, his authorized representative, confirming the accuracy of the previously submitted documents. If, after considering the submitted explanations and documents, or in the absence of explanations, the state control (supervision) body, municipal control body establishes signs of violation of mandatory requirements or requirements established by municipal legal acts, officials of the state control (supervision) body, municipal control body have the right conduct an on-site inspection.

1.4. On-site inspections.

Now let's actually deal with on-site inspections.

Article 12. On-site inspection

1. The subject of an on-site inspection is the information contained in the documents of a legal entity, individual entrepreneur, as well as the compliance of their employees, the condition of the territories, buildings, structures, structures, premises, equipment, similar objects, vehicles used by these persons in carrying out their activities, produced and sold a legal entity, an individual entrepreneur, goods (work performed, services provided) and measures taken by them to comply with mandatory requirements and requirements established by municipal legal acts.

2. An on-site inspection (both scheduled and unscheduled) is carried out at the location of the legal entity, the place of activity of an individual entrepreneur and (or) at the place of actual implementation of their activities.

Those. It is clear that the inspection is carried out directly at your place, and everything and everyone can be inspected, within the limits specified in the order or instruction on conducting the inspection. Part 3 of Article 12 once again stipulates in what cases an on-site inspection is carried out.

3. An on-site inspection is carried out if during a documentary inspection it is not possible:

1) verify the completeness and reliability of the information contained in the notification of the commencement of certain types of business activities and other documents of a legal entity or individual entrepreneur available to the state control (supervision) body, municipal control body;

2) assess the compliance of the activities of a legal entity or individual entrepreneur with mandatory requirements or requirements established by municipal legal acts, without carrying out appropriate control measures.

Part 4 of Article 12 is very important, read it carefully!

4. On-site inspection begins with presentation of official identification officials of the state control (supervision) body, municipal control body, mandatory familiarization of the head or other official of a legal entity, individual entrepreneur, his authorized representative with order or order the head, deputy head of the state control (supervision) body, municipal control body on the appointment of an on-site inspection and the powers of the persons conducting the on-site inspection, as well as the goals, objectives, grounds for conducting an on-site inspection, types and scope of control measures, composition of experts, representatives of expert organizations involved in the on-site inspection, with the terms and conditions for its conduct.

Those. No anonymous checks can be carried out. Before starting the inspection, the inspectors introduce themselves, show their identification, a copy of the order or instruction, which indicates by name everyone involved in the inspection, and describes in detail the subject of the inspection and the timing of the inspection. Moreover, all this must be presented either to the individual entrepreneur (manager) himself, or to a person (representative) officially authorized to perform the duties of a manager by an internal order of the organization. They have no right to carry out an inspection without the presence of a manager or an authorized person! But this will be described in more detail below.

Part 5 of Article 12 defines the responsibility of the person being inspected to the inspectors.

5. Manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative are obliged to provide officials of the state control (supervision) body, municipal control body conducting an on-site inspection, the opportunity to familiarize themselves with documents related to the goals, objectives and subject of the on-site inspection, if the on-site inspection was not preceded by a documentary inspection, as well as provide access to those conducting the on-site inspection inspection of officials and experts participating in the on-site inspection, representatives of expert organizations on the territory used by a legal entity, individual entrepreneur in the implementation of activities of buildings, structures, structures, premises, equipment used by legal entities, individual entrepreneurs, similar objects, vehicles and transported them to cargo.

To conduct an independent examination during the inspection, the inspection body engages a third-party expert organization.

6. State control (supervision) bodies, municipal control bodies involve in conducting an on-site inspection of a legal entity, individual entrepreneur, experts, expert organizations that are not in civil law and labor relations with the legal entity, individual entrepreneur in respect of whom the inspection is being carried out, and who are not affiliated persons of the persons being inspected.

2. Conducting an inspection.

We have understood the general concepts, now we move on to the most interesting thing - direct verification.

2.1. The procedure for organizing the inspection.

As already mentioned, the check is carried out only on the basis of an order or instruction, which is mentioned again in Part 1 of Article 14.

Article 14. Procedure for organizing the inspection

1. Check is carried out on the basis of an order or order head, deputy head of the state control (supervision) body, municipal control body. The standard form of an order or order of the head, deputy head of a state control (supervision) body, municipal control body is established by the federal executive body authorized by the Government of the Russian Federation. An inspection can only be carried out by an official or officials who are specified in the order or order of the head, deputy head of the state control (supervision) body, or municipal control body.

Now very important information for us– accurate and detailed description contents of the order.

2. The order or order of the head, deputy head of the state control (supervision) body, municipal control body shall indicate:

1) name of the state control (supervision) body or municipal control body;

2) last names, first names, patronymics, positions of the official or officials authorized to conduct the inspection, as well as experts and representatives of expert organizations involved in the inspection;

3) the name of the legal entity or the surname, name, patronymic of the individual entrepreneur, the inspection of which is carried out, the location of legal entities (their branches, representative offices, separate structural divisions) or the place of residence of individual entrepreneurs and the place of actual implementation of their activities;

4) goals, objectives, subject of the inspection and the period for its implementation;

5) legal grounds conducting an inspection, including the mandatory requirements subject to inspection and the requirements established by municipal legal acts;

6) timing and list of control measures necessary to achieve the goals and objectives of the audit;

7) a list of administrative regulations on the implementation of state control (supervision), the implementation of municipal control;

8) a list of documents, the submission of which by a legal entity or individual entrepreneur is necessary to achieve the goals and objectives of the audit;

9) start and end dates of the inspection.

Moreover, inspectors are obliged not only to show the order, but issue a copy of the order certified by the seal of the inspection organization for signature and only directly to the entrepreneur, manager or person authorized by internal order of the inspected organization.

3. Certified copies of the order or order of the head, deputy head of the state control (supervision) body, municipal control body are awarded against signature officials of the state control (supervision) body, municipal control body conducting the inspection, to the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative simultaneously with the presentation of official identification. At the request of the persons subject to inspection, officials of the state control (supervision) body, municipal control body are obliged to provide information about these bodies, as well as about experts, expert organizations in order to confirm their powers.

Do not forget also that in the cases provided for in Part 5 of Article 10, along with the order, inspectors are required to provide a copy of the document on coordinating the inspection with the prosecutor's office. This is directly stated in paragraph 4 of Article 18 “Responsibilities of officials of the state control (supervision) body, municipal control body when conducting an inspection.” We'll look at this article in more detail a little later.

You can also demand familiarization with the regulations of the inspection organization, according to which they carry out the inspection.

4. At the request of the head, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative, officials of the state control (supervision) body, municipal control body are obliged to familiarize the persons subject to inspection with the administrative regulations for carrying out control measures and the procedure for their implementation on objects used by a legal entity or individual entrepreneur in carrying out activities.

2.2. Verification restrictions.

Article 15 is very important - it describes restrictions for inspectors- and is small in size, so we present it in full with comments on each point.

Article 15. Limitations when conducting an inspection

When conducting an inspection, officials of the state control (supervision) body, municipal control body not entitled:

1) check compliance with mandatory requirements and requirements established by municipal legal acts, if such requirements not related to powers state control (supervision) body, municipal control body on behalf of which these officials act;

Those. inspection by the inspection organization can only be carried out in its own direction.

2) carry out a scheduled or unscheduled on-site inspection in case of absence when it is carried out by a manager, other official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative, except for the case of such an inspection on the basis provided for in subparagraph "b" of paragraph 2 of part 2 of article 10 of this Federal Law;

What we wrote about above, commenting on Part 4 of Article 12 - verification is carried out only in the presence of either the entrepreneur/manager himself, or a person authorized to fulfill the duties of the entrepreneur/manager by an internal order of the organization. The exception is the case when the basis for the inspection is “causing harm to the life and health of citizens, harm to animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies.” But this law also contains Article 25 “Responsibility of legal entities and individual entrepreneurs for violation of this Federal Law,” where in Part 1, those being inspected undertake to ensure their presence or the presence of authorized persons during the inspection. A little later we will provide the text of this part in full.

3) require the submission of documents, information, product samples, inspection samples of environmental objects and industrial environment objects, if they are not subject to verification or do not relate to the subject of the inspection, as well as confiscate the originals of such documents;

Here it is once again clarified that inspectors have the right to demand only what is related to the inspection and specified in the order/instruction, and also do not have the right to take away the original documents.

4) to select product samples, inspection samples of environmental objects and industrial environment objects to carry out their research, testing, measurements without drawing up protocols on the selection of the specified samples, samples in the established form and in quantities exceeding the norms established by national standards, rules for the selection of samples, samples and methods of their research, testing, measurements, technical regulations or other regulatory technical documents and rules valid until the day they enter into force and methods of research, testing, measurements;

Based on this clause, you have every right not to give away any samples of your products just like that and on your word of honor.

5) disseminate information obtained as a result of the inspection and constituting state, commercial, official, other secret protected by law, except for cases provided for by the legislation of the Russian Federation;

You should think about what should be classified as a commercial and official secret.

6) exceed deadlines conducting an inspection;

We don’t think that the inspectors themselves will want to bother with the inspection for too long, they already have a busy schedule, but if you are interested, the timing of the inspections is determined in Article 13 of this law.

7) issue instructions or proposals to legal entities and individual entrepreneurs on carrying out control measures at their expense.

This point is very important - All inspection costs are covered by the inspection organization! Even just an offer to pay or order some kind of verification procedure at your own expense is a violation of the law and your rights!

This, by the way, is mentioned almost at the very beginning of the law, in Articles 3 and 7.

Article 3. Principles of protecting the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision), municipal control

The basic principles of protecting the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control are:

8) inadmissibility of collection state control (supervision) bodies, municipal control bodies from legal entities, individual entrepreneurs boards for carrying out control activities;

9) financing at the expense of the relevant budgets inspections carried out by state control (supervision) bodies, municipal control bodies, including control measures;

Article 7. Interaction between state control (supervision) bodies and municipal control bodies when organizing and conducting inspections

3. Pay from legal entities and individual entrepreneurs for carrying out control measures not charged.

2.3. Responsibilities of inspectors.

Let us temporarily skip two articles and first consider the responsibilities of inspectors and the rights and responsibilities of those being inspected.

Article 18. Responsibilities of officials of the state control (supervision) body, municipal control body when conducting an inspection

Officials of the state control (supervision) body, municipal control body when conducting an inspection obliged:

2) comply with the law of the Russian Federation, the rights and legitimate interests of a legal entity, individual entrepreneur, the verification of which is carried out;

3) check based on the order or order of the manager, deputy head of the state control (supervision) body, municipal control body on its implementation in accordance with its purpose;

4) check only during official duties, on-site inspection only upon presentation of official identification, a copy of the order or order of the head, deputy head of the state control (supervision) body, municipal control body and in the case provided for by Part 5 of Article 10 of this Federal Law, a copy of the document approving the inspection;

It is clear that inspectors are obliged to comply with the law and conduct inspections on the basis of an order or directive. More important here is paragraph 4 - it once again emphasizes that inspectors are required to provide a copy of the order/instruction, an official ID, as well as a copy of the document agreeing on the inspection with the prosecutor's office - in which cases, we wrote in section 1.2. "Unscheduled inspections."

5) don't interfere manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative be present during an inspection and provide explanations on issues related to the subject of the inspection;

Those. They cannot kick you out during an inspection and are required to answer all your questions.

6) give the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative present during the inspection, information and documents related to the subject of inspection;

You have the right to demand all documents related to the verification procedure.

7) meet manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative with test results;

A self-evident point, no comments needed.

8) take into account, when determining the measures taken in response to detected violations, the compliance of these measures with the severity of the violations, their potential danger to life, human health, animals, plants, the environment, state security, for the occurrence of emergencies of a natural and man-made nature, as well as not to allow unreasonable restrictions on the rights and legitimate interests of citizens, including individual entrepreneurs and legal entities;

The point is quite lengthy and subjective; it depends more on the mood of the inspector than on actual size potential threat described in this paragraph.

9) prove validity their actions when appealed by legal entities and individual entrepreneurs in the manner established by the legislation of the Russian Federation;

The person being inspected has the right to appeal the actions of the inspectors; this is stated in Article 21, paragraph 4, Article 23 and Article 24, part 1 (we will look at this a little later).

10) stick to the terms carrying out inspections established by this Federal Law;

The timing of inspections is defined in Article 13.

11) not demand from a legal entity, individual entrepreneur documents and other information, the presentation of which not provided for by the legislation of the Russian Federation;

12) before the start of an on-site inspection at the request of the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative familiarize them with the provisions of administrative regulations(if any), in accordance with which the inspection is carried out;

13) record the inspection performed in the audit log.

An inspection log must be kept at every point of sale. This is an additional protection against random, uncoordinated “fool-proof” checks, and an obligation established by this law in Part 8 of Article 16 (we’ll look at it a little later).

2.4. Rights of those being audited.

Many provisions here duplicate those already discussed, so we will reflect them mostly without comment.

Article 21. Rights of a legal entity or individual entrepreneur during an inspection

When conducting an inspection, the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative have the right:

1) directly be present during the inspection, give explanations on issues related to the subject of inspection;

2) receive from the state control (supervision) body, municipal control body, and their officials information, which relates to the subject of the inspection and the provision of which is provided for by this Federal Law;

3) get acquainted with the results inspection and indicate in the inspection report about your familiarization with the results of the inspection, agreement or disagreement with them, as well as with individual actions of officials of the state control (supervision) body, municipal control body;

4) appeal actions(inaction) of officials of the state control (supervision) body, municipal control body, resulting in a violation of the rights of a legal entity, individual entrepreneur during an inspection, in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation.

Pay attention to Article 22, it talks about compensation for damage caused to the person being inspected, including lost profits and legal expenses, however, only if the inspection organization is found to be the culprit “in the manner prescribed by the legislation of the Russian Federation.”

Article 22. The right of legal entities and individual entrepreneurs to compensation for damage caused during the exercise of state control (supervision), municipal control

1. Damage caused to legal entities and individual entrepreneurs as a result of the actions (inaction) of officials of the state control (supervision) body, municipal control body, recognized as unlawful in the manner established by the legislation of the Russian Federation, subject to compensation, including lost profits(unreceived income), at the expense of the relevant budgets in accordance with civil law.

2. When determining the amount of damage caused to legal entities and individual entrepreneurs illegal actions(inaction) of the state control (supervision) body, municipal control body, their officials, are also taken into account expenses legal entities, individual entrepreneurs, attributable on the cost of production(works, services) or on the financial results of their activities, and costs which legal entities, individual entrepreneurs, whose rights and (or) legitimate interests have been violated, have carried out or must carry out to obtain legal or other professional assistance.

3. Damage caused to legal entities and individual entrepreneurs by lawful actions of officials of a state control (supervision) body or municipal control body is not subject to compensation, except for cases provided for by federal laws.

In any case, you must be notified of the result of the measures taken and actions regarding your appeal (appeal) within 10 days, which is enshrined in Part 3 of Article 19.

Article 19. Responsibility of the state control (supervision) body, municipal control body, and their officials when conducting an inspection

3. On measures taken against officials guilty of violating the legislation of the Russian Federation, within ten days from the date of adoption of such measures, the state control (supervision) body, municipal control body are obliged to inform in writing the legal entity, individual entrepreneur whose rights and (or) legitimate interests have been violated.

2.5. Responsibility of those being inspected.

Here we will cite only one article, which specifically speaks, among other things, about the obligation to be present during the inspection, which we mentioned in section 2.2. "Restrictions on verification."

Article 25. Responsibility of legal entities and individual entrepreneurs for violation of this Federal Law

1. When conducting inspections, legal entities are obliged ensure presence managers, other officials or authorized representatives of legal entities; individual entrepreneurs are required to be present or ensure the presence of authorized representatives responsible for organizing and conducting activities to fulfill the mandatory requirements and requirements established by municipal legal acts.

2. Legal entities, their managers, other officials or authorized representatives of legal entities, individual entrepreneurs, their authorized representatives, committed a violation of this Federal Law, unreasonably obstructing carrying out inspections, evading inspections and/or not complying with instructions within the prescribed period state control (supervision) bodies, municipal control bodies for eliminating identified violations of mandatory requirements or requirements established by municipal legal acts are responsible in accordance with the legislation of the Russian Federation.

3. After verification.

3.1. Registration of verification.

So, the inspectors introduced themselves, showed their official identification, an order/instruction, if necessary, agreement with the prosecutor's office, they checked everything, and did not violate anything. Now let’s correctly formalize the results of the verification, the procedure for recording which is detailed and clearly described in Article 16.

Based on the results of the inspection, a report is drawn up in two copies, one of which is provided to the person being inspected against signature.

Article 16. Procedure for recording inspection results

1. Based on the results of the inspection by officials of the state control (supervision) body, municipal control body conducting the inspection, an act is drawn up according to the established form in duplicate. The standard form of the inspection report is established by the federal executive body authorized by the Government of the Russian Federation.

Part 2 of Article 16 defines in detail contents of the act.

2. The inspection report shall indicate:

1) date, time and place of drawing up the inspection report;

2) name of the state control (supervision) body or municipal control body;

3) date and number of the order or order of the head, deputy head of the state control (supervision) body, municipal control body;

4) last names, first names, patronymics and positions of the official or officials who conducted the inspection;

5) the name of the legal entity being inspected or the last name, first name and patronymic of the individual entrepreneur, as well as the last name, first name, patronymic and position of the manager, other official or authorized representative of the legal entity, authorized representative of the individual entrepreneur who were present during the inspection;

6) date, time, duration and place of the inspection;

7) information on the results of the inspection, including on identified violations of mandatory requirements and requirements established by municipal legal acts, on their nature and on the persons who committed these violations;

8) information about familiarization or refusal to familiarize with the inspection report of the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative present during the inspection, the presence of their signatures or refusal to sign, as well as information about making an entry in the audit log about the inspection carried out or about the impossibility of making such an entry due to the absence of the specified log at the legal entity or individual entrepreneur;

9) signatures of the official or officials who conducted the inspection.

If during the inspection process samples of products, environmental samples were taken, examinations were carried out, protocols for all these activities are drawn up and also attached to the report.

3. Attached to the inspection report are sampling protocols products, object inspection samples environment and industrial environment objects, protocols or conclusions of studies conducted, tests and examinations, employee explanations legal entity, employees of an individual entrepreneur who are held liable for violation of mandatory requirements or requirements established by municipal legal acts, orders for elimination violations identified and other documents or copies thereof related to the results of the inspection.

As already mentioned, the act with all attachments is drawn up in two copies, one of which is handed over to the person being inspected against signature. If the person being inspected refused to sign the act, or the inspection was carried out in the absence of the person being inspected, a second copy of the act is in any case sent to the address of the inspected organization by registered mail with notice.

4. The inspection report is issued immediately after its completion in duplicate, one of which with copies of applications handed to the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative against receipt on familiarization or refusal to familiarize with the inspection report. In the absence of a manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative, as well as in the event of the refusal of the person being inspected to give a receipt for familiarization or refusal to familiarize himself with the inspection report, the act is sent

If the peculiarity of the examinations and tests being carried out does not allow obtaining the result on the spot and requires a certain time, then in this case the report with the results of the examination is also transferred to the person being inspected either against signature or by registered mail with notification within three days after the inspection.

5. If in order to draw up an inspection report it is necessary to obtain conclusions based on the results of studies, tests, special investigations, examinations, the inspection report is drawn up within a period not exceeding three working days after completion of control measures, and is handed over to the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative against receipt or sent by registered mail with notification about delivery, which is attached to a copy of the inspection report kept in the file of the state control (supervision) body or municipal control body.

Parts 8 - 11 of Article 16 talk about the obligation to maintain an audit log, which we mentioned in section 2.3. “Responsibilities of inspectors”, the procedure for its execution and completion. We strongly recommend keeping an inspection log at each of your locations.

8. Legal entities and individual entrepreneurs are required to maintain audit log according to the standard form established by the federal executive body authorized by the Government of the Russian Federation.

9. B audit log officials of the state control (supervision) body, municipal control body make a record of the inspection carried out, containing information about name of the body state control (supervision), name of the municipal control body, start and end dates carrying out an inspection, time of its implementation, legal reasons, goals, objectives and subject of inspection, violations identified and orders issued, and also indicate surnames, names, patronymics and positions the official or officials conducting the inspection, his or their signatures.

10. The audit log must be stitched, numbered and stamped legal entity, individual entrepreneur.

11. If there is no inspection log, a corresponding entry is made in the inspection report.

If you do not agree with the results of the inspection, you can submit objections in writing to the inspection body within 15 days, attaching all documents confirming your claims.

12. Legal entity, individual entrepreneur, whose inspection was carried out, in case of disagreement with the facts, conclusions, proposals set out in the inspection report, or with the issued order to eliminate the identified violations within fifteen days from the date of receipt of the inspection report has the right to submit to the relevant state control (supervision) body, municipal control body in writing objections to the inspection report and (or) an order issued to eliminate the identified violations in general or its individual provisions. In this case, a legal entity or individual entrepreneur has the right to attach to such objections documents confirming the validity of such objections, or their certified copies, or, within the agreed period, transfer them to the state control (supervision) body, municipal control body.

The most effective way to achieve the cancellation of the results of an inspection is to identify gross violations committed by the inspection organization during its conduct, therefore, carefully monitor the compliance with all the requirements of this law by the inspection organization for each of their actions, starting with the provision of official identification and a copy of the order to conduct the inspection and ending presentation of its results.

This provision is fixed in part 1 of article 20.

Article 20. Invalidity of the results of an inspection carried out in gross violation of the requirements of this Federal Law

1. Results of an inspection carried out by the state control (supervision) body, municipal control body with gross violation requirements established by this Federal Law for organizing and conducting inspections, cannot be evidence violation by a legal entity, individual entrepreneur of mandatory requirements and requirements established by municipal legal acts, and subject to cancellation by a higher state control (supervision) body or a court on the basis of an application from a legal entity or individual entrepreneur.

What constitutes gross violations is described in detail in Part 2 of Article 20. There are quite a lot of points there, so we will not list them here. We recommend that you simply pick up the law and read it.

3.2. Measures taken based on the results of the inspection.

Based on the results of the inspection, the inspection body is obliged to take action if violations of current standards are detected. Such measures are described in Article 17 and boil down mainly to issuing an appropriate order to eliminate identified violations, indicating specific deadlines.

Article 17. Measures taken by officials of the state control (supervision) body, municipal control body in relation to violations identified during the inspection

1. If detected during an inspection violations legal entity, individual entrepreneur of mandatory requirements or requirements established by municipal legal acts, officials of the state control (supervision) body, municipal control body who conducted the inspection, within the powers provided for by the legislation of the Russian Federation, are obliged to:

1) issue an order to a legal entity, individual entrepreneur to eliminate identified violations indicating the time frame for their elimination and (or) on carrying out measures to prevent harm to life, health of people, harm to animals, plants, the environment, state security, property of individuals and legal entities, state or municipal property, prevention of emergencies of a natural and man-made nature, as well as others activities provided for by federal laws;

Clause 2 of part 1 of Article 17 obliges the inspection body to monitor the implementation of the issued order, i.e. after the end of the period for eliminating violations specified in the order, inspectors have every right to again conduct an unscheduled inspection in accordance with paragraph 1 of part 2 of article 10, which we discussed in section 1.2.

"Unscheduled inspections."

2) take measures to monitor the elimination of identified violations, prevent them, prevent possible harm to life, health of citizens, harm to animals, plants, the environment, ensure state security, prevent the occurrence of emergencies of a natural and man-made nature, as well as measures to attract persons who committed the identified violations will be held accountable.

2. If during an inspection it is established that the activities of a legal entity, its branch, representative office, structural unit, individual entrepreneur, their operation of buildings, structures, structures, premises, equipment, similar facilities, vehicles, goods produced and sold by them (work performed, services provided) pose a direct threat of harm to life, health of citizens, harm to animals, plants, the environment, state security, emergencies of a natural and man-made nature, or such harm has been caused, state control (supervision) body, municipal control body are obliged to immediately take measures to prevent harm or stop it from happening, up to temporary ban on activities a legal entity, its branch, representative office, structural unit, individual entrepreneur in the manner established by the Code of the Russian Federation on Administrative Offences, product recall posing a danger to the life, health of citizens and the environment, from circulation and bring to the attention of citizens, as well as other legal entities, individual entrepreneurs in any available way information about the presence of a threat of harm and ways to prevent it.

4. Memo.

Since even the excerpts with our comments given here represent a rather large article, we have prepared a memo for you, which briefly lists point by point all the necessary actions when carrying out an inspection, and for each action a link is provided to a specific provision of Law No. 294-FZ. We recommend that you have this handout and a separate printed copy of the law with you so that you can quickly find the relevant provision.

1. Must be advance notice about the inspection:

1.1. Scheduled – 3 working days – article 9 part 12.

1.1.1. Scheduled inspections are carried out no more than once every 3 years - article 9 part 2, article 9 part 8.

1.2. Unscheduled – per day – article 10 part 16.

1.2.1. No notification required – article 10 part 17.

1.2.2. Grounds for conducting an unscheduled inspection – article 10 part 2.

1.2.3. What cannot serve as a basis to conduct an unscheduled inspection – article 10 part 3.

1.2.4. Coordination of an unscheduled inspection with the prosecutor’s office – article 10 part 5.

2. Carrying out documentary check – article 11.

2.1. Must be official request for documents – article 11 part 4.

2.2. The deadline for submitting documents is 10 days – article 11 part 5.

2.3. Provided only copies of documents – article 11 part 6.

2.4. Copies of documents are not certified by a notary – article 11 part 7.

2.5. Providing explanations about discrepancies in information – within 10 working days – article 11 part 8.

2.6. Carrying out on-site inspection after documentary - article 11 part 10.

3. Carrying out on-site inspection – article 12.

3.1. When is it carried out? on-site inspection - article 12 part 3.

3.2. Inspectors before inspection obliged:

3.2.1. Present service ID – article 12 part 4, article 18 paragraph 4.

3.2.2. Introduce ( hand over a copy against signature) With by order of inspection – article 12 part 4, article 14 part 1, article 14 part 3, article 18 paragraph 3, article 18 paragraph 4.

3.2.3. Provide against signature a copy of the document on agreement with the prosecutor's office – article 18 paragraph 4, article 10 part 5.

3.2.4. You may request:

Familiarize yourself with the inspection regulations - article 14 part 4, article 18 paragraph 12.

Familiarize yourself with all information and documents related to the subject of inspection - article 18 paragraph 6.

3.3. During check.

3.3.1. Inspectors have no right – article 15:

Verify compliance with requirements not related to one’s authority – article 15 paragraph 1, article 18 paragraph 11.

Carry out inspections in your absence - article 15 paragraph 2(exception - Article 10 Part 2 Clause 2 Subclause b).

Demand and confiscate documents, product samples, samples, if they are not the objects of inspection - article 15 paragraph 3.

Taking samples of products and samples without drawing up appropriate protocols – article 15 paragraph 4.

Disseminate commercial and official secrets – article 15 paragraph 5.

Exceed inspection deadlines – article 15 paragraph 6, article 18 paragraph 10. (for more details on deadlines, see article 13.)

Offer to carry out an inspection at your expense - article 15 paragraph 7, Article 3 paragraphs 8 and 9, article 7 part 3.

Carrying out an inspection outside the performance of one’s official duties – article 18 paragraph 4.

To prevent you from being present during an inspection – article 18 paragraph 5, article 21 paragraph 1.

Refuse to provide you with clarification on all issues related to the inspection - article 18 paragraph 5, article 21 paragraph 2, article 18 paragraph 9.

3.3.2. Those being inspected are obliged to:

Ensure your presence during the inspection, or the presence of authorized persons - article 25 part 1.

Provide all documents and access related to the verification - article 12 part 5.

Keep a log of inspections - article 16 part 8, article 16 part 10.

3.4. After checking.

3.4.1. Inspectors are obliged draw up an inspection report in two copies – article 16 part 1.

3.4.2. Contents of the act – article 16 part 2.

3.4.3. You have the right to get acquainted with the results of the inspection and indicate in the act your agreement or disagreement with them - article 18 paragraph 7, article 21 paragraph 3.

3.4.4. Protocols are attached to the act selection of samples, samples, expert opinions, explanations from employees, orders to eliminate identified violations – article 16 part 3.

3.4.5. The act with all attachments is drawn up in 2 copies, one of which is handed to you against signature or sent by registered mail with acknowledgment of delivery – article 16 part 4, article 16 part 5.

3.4.6. Inspectors are required to fill out an inspection log – article 16 part 9, article 16 part 11, article 18 paragraph 13.

3.4.7. If violations are identified during the inspection, inspectors issue orders to eliminate them. with specific deadlines – article 17 part 1 clause 1.

3.4.8. Inspectors are obliged in the future, monitor the implementation of the order, conduct a repeated unscheduled inspection after the expiration of the period specified in the order, up to a temporary ban on the organization’s activities and recall of its products - article 17 part 1 clause 2, article 10 part 2 clause 1, article 17 part 2.

3.4.9. If you don't agree with the results of the inspection, you can send your objections to the inspection body within 15 days - article 16 part 12.

3.4.10. The results of the check are subject to cancellation, if the inspection itself was carried out with gross violations - article 20 part 1, list of gross violations – article 20 part 2.

3.4.11. You also can appeal the actions of inspectors in administrative or judicial proceedings - article 21 paragraph 4.

3.4.12. When, if the inspection body is found guilty in the damage (harm) caused to you, from his budget you pay all expenses, including costs for legal and professional assistance, and lost profits - Article 22 parts 1 and 2.

3.4.13. On the measures taken against the perpetrators, you are obliged to inform in writing within 10 days – article 19 part 3.

3.4.14. You are also responsible in accordance with the law, if you violate this law, interfere with the inspection and do not comply with the issued orders - article 25 part 2.

In accordance with Law No. 294-FZ, inspections can be scheduled or unscheduled and can be carried out in the form of a documentary verification or an on-site inspection.

Scheduled check

The subject of a scheduled inspection in accordance with Art. 9 of Law No. 294-FZ is compliance by a legal entity or an individual entrepreneur in the process of carrying out activities with mandatory requirements and requirements established by municipal legal acts.

Scheduled inspections are carried out no more than once every three years.

They are carried out on the basis of annual plans that are developed by state and municipal supervisory authorities. Plans must contain the following information: names of legal entities (full name of individual entrepreneurs); the purpose and basis of each scheduled inspection; date and timing of each scheduled inspection; name of the state control (supervision) body or municipal control body.

The annual plan for conducting scheduled inspections is brought to the attention of interested parties by posting it on the official website of the state or municipal control body on the Internet or in another accessible way.

The basis for including a scheduled inspection in the annual plan is the expiration of three years from the date of:

1. State registration legal entity, individual entrepreneur;

2. Completion of the last scheduled inspection of a legal entity, individual entrepreneur;

3. The start of business activities by a legal entity or individual entrepreneur in accordance with the notification.

In relation to legal entities and individual entrepreneurs carrying out activities in the field of healthcare, education, and the social sphere, scheduled inspections may be carried out more often than once every three years.

The entrepreneur must be notified in advance about the scheduled inspection ( no later than within three days before the beginning) by the state (municipal) supervision body by sending a copy of the order or order of the head.

Unscheduled inspections

The subject of an unscheduled inspection according to Art. 10 of Law No. 294-FZ is compliance in the process of entrepreneurial activity with requirements and compliance with regulations.

The grounds for conducting an unscheduled inspection are:

1. Expiration of the deadline for fulfilling a previously issued order to eliminate the identified violation of requirements;

2. Receipt of requests and applications from citizens, legal entities, and individual entrepreneurs to state (or municipal) control authorities; information from state authorities, local governments; from the media information about the following facts:

a. The emergence of a threat of harm to the life and health of citizens, harm to animals, plants, the environment, state security, as well as the threat of natural and man-made emergencies;

b. Causing harm to the life and health of citizens, harm to animals, plants, the environment, state security, as well as the occurrence of natural and man-made emergencies;

c. Violation of consumer rights (in case of appeal from citizens whose rights have been violated).

Law No. 294-FZ specifically notes that appeals and statements that do not allow the identification of the person who applied to the state control body cannot serve as the basis for an unscheduled inspection.

Documentary checks

The subject of the documentary check is the information contained in the documents of a legal entity or individual entrepreneur, establishing their organizational and legal form, rights and obligations, documents used in the implementation of their activities and related to their fulfillment of mandatory requirements.

Documentary inspection (both scheduled and unscheduled) is carried out at the location of the state control body and municipal control bodies.

In the process of conducting a documentary inspection, officials of the control body first of all consider documents of a legal entity or individual entrepreneur at the disposal of the control body, including notifications of the start of certain types of business activities, reports of previous inspections, materials of consideration of cases of administrative offenses and others documents on the results of measures taken in relation to this legal entity, individual entrepreneur.

If the reliability of the information raises reasonable doubts or this information does not allow assessing compliance with the requirements, the municipal control body sends to the address motivated request with a requirement to provide other Required documents. The request must be accompanied by a certified copy of the order or order head (or deputy) of the control body.

In accordance with Law No. 294 - Federal Law, it is not allowed to require notarization of copies submitted to the control body.

When conducting a documentary check, the control body does not have the right to demand information and documents that are not related to the subject of the documentary check.

On-site inspections

The subject of the on-site inspection is the information contained in the documents of a legal entity (individual entrepreneur), as well as the compliance of their employees, the condition of the territories used, buildings, structures, premises, equipment, similar objects, vehicles, goods (services) produced and sold. In addition, the measures taken to comply with the requirements are checked.

An on-site inspection (both scheduled and unscheduled) is carried out at the location of the legal entity, the place of activity of an individual entrepreneur and (or) at the place of actual implementation of their activities.

An on-site inspection is carried out only if during a documentary inspection it is not possible to:

1. Make sure that the information contained in the notification of the commencement of certain types of business activities and other documents is complete and accurate;

2. Assess the compliance of the activities of a legal entity or individual entrepreneur with the requirements.