Grounds for checking Rospotrebnadzor. Rospotrebnadzor check: everything you need to know

Did you hear about the upcoming inspection of Rospotrebnadzor? Have you been audited in your company and have you been held accountable? Do not agree with the results of the check and would like to appeal them?

In this article, prepared by lawyers "Checks.Net" company, describes the procedure for checking Rospotrebnadzor, the timing and types of checks by Rospotrebnadzor, the rights and obligations of the inspector, as well as the possibility of appealing its results.

In this article, we have covered the following topics. What does Rospotrebnadzor check? Rospotrebnadzor inspection plan. Which organizations are checked by Rospotrebnadzor. Types of inspections of Rospotrebnadzor. How are test results reported? What are the grounds for declaring the results of the inspection of Rospotrebnadzor invalid, etc.

1) What does Rospotrebnadzor check?

Rospotrebnadzor (abbr.)– Federal Service for Supervision of Consumer Rights Protection and Human Welfare. Rospotrebnadzor acts on the basis of the Regulations approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 322 and carries out the following types inspections in relation to organizations and entrepreneurs:

1) Checking compliance by organizations and entrepreneurs with sanitary and epidemiological rules and hygienic standards in the manner prescribed in the Regulation on sanitary and epidemiological supervision of September 15, 2005 No. 569.

2) Inspection of compliance by organizations and entrepreneurs with the norms of the Consumer Rights Protection Law in accordance with the Regulations on Federal State Supervision in the Field of Consumer Rights Protection dated May 2, 2012 No. 412. This type inspections of Rospotrebnadzor additionally includes:

organizing and conducting inspections of compliance by organizations and entrepreneurs with consumer rights.

organizing and conducting inspections of compliance of goods (works, services) with safety requirements for the life and health of consumers and environment.

In addition, Rospotrebnadzor organizes and conducts inspections of compliance with the rules of sale certain types goods, as well as the quality and safety of certain types of products.

Rospotrebnadzor is authorized to issue orders to stop and eliminate violations identified during the inspection, to involve the perpetrators in administrative responsibility, apply urgent measures in case of a significant real threat to the life and health of citizens and the environment (one of these measures is a temporary ban on activities, which we will talk about a little later).

2) Who is checked by Rospotrebnadzor?

Given the tasks and subject of control that Rospotrebnadzor performs, this department can check almost any organization. But most often, organizations and entrepreneurs whose activities are related to the provision of services to the population or organizations Catering(cafes, restaurants, clubs, shops, trade pavilions, etc.)

Inspection of the store by Rospotrebnadzor; IP verification by Rospotrebnadzor; inspection of the enterprise by Rospotrebnadzor; check by Rospotrebnadzor kindergarten; inspection of the school by Rospotrebnadzor; inspection of the pharmacy by Rospotrebnadzor; inspection of Rospotrebnadzor in a restaurant; inspection of a hairdressing salon by Rospotrebnadzor; inspection of public catering by Rospotrebnadzor (canteens, cafes).

3) Rospotrebnadzor checks (types, terms, grounds).

Rospotrebnadzor inspections are scheduled and unscheduled, documentary and field.

Scheduled inspection by Rospotrebnadzor.

Rospotrebnadzor conducts scheduled inspections in accordance with the annual plan posted on the official website of the territorial bodies of Rospotrebnadzor and on the websites of regional prosecutor's offices. The inspection plan of Rospotrebnadzor contains information about the inspections planned by Rospotrebnadzor (dates, duration of the inspection, name of the person in respect of whom the inspection is planned, subject of the inspection).

Requirements for the order scheduled inspections Rospotrebnadzor are formulated in the Law on the protection of the rights of entrepreneurs during inspections (hereinafter - Law No. 294-FZ). In accordance with the said law, organizations or an entrepreneur are notified of the start of a scheduled inspection by Rospotrebnadzor no later than 3 days before it starts.

A notice of the start of an inspection by Rospotrebnadzor is sent to the legal address of the organization or entrepreneur, along with an order to conduct an inspection by registered by mail with notification of delivery or hands over to the legal representative of the organization (entrepreneur) against signature.

The basis for conducting a scheduled inspection by Rospotrebnadzor is the expiration of three years from the date of:

registration of an organization or entrepreneur.

start of implementation entrepreneurial activity.

completion of the last scheduled inspection.

Unscheduled inspection of Rospotrebnadzor.

Carried out in case of:

expiration of the term for the execution of the previously issued order.

receipt by Rospotrebnadzor of information about the facts of a threat, causing harm to human life and health, the environment. Such information may come to Rospotrebnadzor from citizens, organizations, government agencies as well as from the media.

receipt by Rospotrebnadzor of information about violations of consumer rights (if a citizen whose rights have been violated applies to Rospotrebnadzor).

Verification is not carried out on anonymous applications, as well as in cases where the application does not contain specific information about the above facts.

An unscheduled inspection by Rospotrebnadzor is subject to agreement with the prosecutor's office. Deviation from this rule is the basis for recognizing the results of the inspection of Rospotrebnadzor as invalid. Exceptions are cases when the inspection of Rospotrebnadzor was initiated in connection with the receipt by Rospotrebnadzor of information about a threat or harm to the life and health of citizens, animals and plants, state security, cultural heritage sites.

A notice of an unscheduled inspection by Rospotrebnadzor is sent to the organization (entrepreneur) in advance. In accordance with the requirements of Law No. 294-FZ, the audited organization must be notified of an unscheduled inspection by Rospotrebnadzor no later than 24 hours before it starts, except when it is carried out on the basis of information received by Rospotrebnadzor about a threat to human life and health , a threat to the environment.

Documentary and field checks of Rospotrebnadzor.

Documentary and field inspections of Rospotrebnadzor can be both scheduled and unscheduled, and differ in the following.

During a documentary check, the Rospotrebnadzor inspector requests documents from the organization (entrepreneur) and checks them without visiting the premises of the organization. And only if, as a result of studying the documents of the organization, the inspecting inspector sees such a need, an on-site inspection is appointed.

When documentary verification by Rospotrebnadzor, as a rule, you will need founding documents organizations, licenses, certificates, declarations, product quality documents, orders for the appointment of responsible officials, magazines, etc. administrative and economic documents. During documentary verification by Rospotrebnadzor, the possibility of conducting special studies on documents and product samples submitted for verification is not ruled out.

The appointment of an on-site inspection of Rospotrebnadzor by the head of its territorial body (his deputy) must be issued by an independent order. The organization and the entrepreneur are notified in advance of the planned on-site inspection by Rospotrebnadzor.

During an on-site inspection, the inspector of Rospotrebnadzor checks not only documents, but visits the premises, territories used by the organization (entrepreneur), and also checks goods and equipment.

5) How is the inspection of Rospotrebnadzor carried out?

During the inspection, the inspector of Rospotrebnadzor is obliged to introduce himself, present an official certificate and an order to conduct an inspection, signed by the head of the territorial body of Rospotrebnadzor. The order must also contain the data of the inspectors authorized to conduct the inspection, the dates of the beginning and end of the inspection, the address at which the inspection is carried out.

At the written request of the inspector, he is obliged to present all Required documents. For failure to comply with the requirements of the inspector of Rospotrebnadzor during his inspection, the organization (entrepreneur) bears administrative responsibility under Part 1 of Article 19.4 of the Code of Administrative Offenses of the Russian Federation. Therefore, if any documents in the organization are missing, it is necessary to notify the inspector in writing about this. We also recommend that all documents provided at the request of the inspector of Rospotrebnadzor be reflected in the inventory and handed over to the inspector against signature.

During the inspection, if necessary, the inspector of Rospotrebnadzor has the right to select samples of products, take samples for research, drawing up protocols about this. A copy of the protocol must be handed over to the representative of the organization (entrepreneur) against signature.

At the end of the inspection, the inspector of Rospotrebnadzor makes an appropriate entry in the register of inspections and draws up its results.

6) Limitation of the period for conducting an inspection by Rospotrebnadzor.

The term of the inspection cannot exceed 20 working days and only in exceptional cases can be extended by decision of the head of the territorial body of Rospotrebnadzor. The inspector of Rospotrebnadzor is obliged to inform the legal representative of the organization about the decision to extend the period of the inspection.

For small enterprises, the period of scheduled inspection cannot exceed 50 hours, and for micro-enterprises - 15 hours per year. This exception applies only to scheduled on-site inspections of Rospotrebnadzor. When conducting a documentary or unscheduled inspection, the general period (20 working days) is applied.

Please note that when calculating the inspection period, it is necessary to sum up the time of all inspections (inspections carried out by all supervisory authorities in relation to the organization (entrepreneur) for the year.

7) Registration of the results of the inspection of Rospotrebnadzor.

Based on the results of the inspection, the inspector of Rospotrebnadzor draws up an act in two copies, one of which is handed over to the head of the organization (entrepreneur), their legal representatives against signature, or (if it is impossible to deliver the act) is sent to the address of the organization (entrepreneur) by registered mail with acknowledgment of receipt.

In case of disagreement with the facts reflected in the inspection report of Rospotrebnadzor, written objections can be submitted to it within 15 days from the date of its delivery. Objections may be accompanied by documents confirming their validity, as well as audio and video recordings, explanations of employees, etc. Objections are considered by the head of the territorial body of Rospotrebnadzor or his deputy within 30 days, after which a reasoned decision is made. O decision reported to the organization (entrepreneur) that filed objections.

In the event that violations of Rospotrebnadzor are revealed based on the results of the inspection initiates a case for administrative offense and issues a binding order to eliminate the identified violations.

8) Measures to respond to violations identified during the audit.

If during the inspection violations are revealed, the inspector of Rospotrebnadzor has the right to:

Initiate an administrative case. From the moment the Rospotrebnadzor inspector makes a decision (in some cases, from the moment the protocol is drawn up), an administrative offense case is initiated. To draw up the protocol, the inspector of Rospotrebnadzor is obliged to invite the entrepreneur to the premises of the territorial body of Rospotrebnadzor, having previously notified the date, place and time of its compilation. After the protocol is drawn up, the consideration of the administrative case on the merits (the issuance of a decision) is scheduled. Based on the results of the consideration of the case, a decision is made on the imposition of punishment.

The decision to hold liable may be appealed to the arbitration court within 10 days from the date of its delivery.

Issue an order. The order contains requirements for the elimination of violations identified during the inspection and is mandatory for execution within the time period established in it. For failure to comply with the order, the organization (entrepreneur) may be held liable under Article 19.5 of the Code of Administrative Offenses of the Russian Federation.

The order of Rospotrebnadzor can also be appealed in court.

Draw up a protocol on a temporary ban on activities. A copy of the protocol on a temporary ban on activities is handed over to the legal representative of the organization. A temporary ban on activities is a measure to ensure the production of an administrative case. The validity and legality of the application of a temporary ban on activities can be verified by the court at the request of the organization (entrepreneur) in respect of which it is established. In the application, you have the right to declare your disagreement with the actions of the inspector regarding the application of a temporary ban on activities to you, they will be assessed. A temporary ban on activities may be established only until a decision is made on an administrative matter. After the ruling on the case has been issued, the temporary ban on activities is lifted.

Apply to the court for a ban. This is an extreme response to violations and it is applied only to persistent violators, when the organization's activities create a real danger to the life and health of citizens in the future and cannot be eliminated.

9) Restrictions when checking Rospotrebnadzor.

Law No. 194-FZ establishes the following restrictions when checking Rospotrebnadzor:

1. check compliance with requirements that are not within the competence of Rospotrebnadzor.
2. conduct an audit in the absence of the head of the organization, the entrepreneur, their authorized representatives.
3. require the provision of documents that are not related to the subject of verification.
4. take samples of products, samples, if they are not objects of verification and without drawing up a protocol in the prescribed manner.
5. disseminate information obtained during the audit.
6. exceed the inspection period.
7. offer to conduct an audit at the expense of the organization (entrepreneur).

A scheduled inspection by Rospotrebnadzor can be a serious test for any entrepreneur, but at least they warn about it, according to the law - three days in advance. And unscheduled, like snow on the head. Inspectors appear abruptly and of course carry with them the danger of fines, or even worse - the suspension of activities. It is important for business owners to know their rights and understand the actions of authorized bodies.

What you will learn about:

Unscheduled inspection of Rospotrebnadzor - in what cases is it carried out

Rospotrebnadzor (RPN) is the leader in the number of sponsored companies and it can check almost any enterprise. But, of course, most often the RPN checks the service sector, trade and education.

Grounds for an unscheduled inspection by Rospotrebnadzor:

• violation of consumer rights;
• complaints from citizens;
• harm to human health;
• failure to comply with the previous instructions of Rospotrebnadzor within the prescribed period.

Inspectors check compliance with working conditions, the state of the company's premises, the construction process, etc.

To comply with all the requirements of Rospotrebnadzor will help the automation service from Business.Ru. In built-in personal calendar you can schedule the dates of important checks, give instructions to employees and track their execution with the ability to comment on each task.

The procedure for conducting an unscheduled inspection by Rospotrebnadzor in 2019

The procedure for conducting an unscheduled inspection by Rospotrebnadzor in 2019 has not changed. This means that for verification, the inspector only needs a resolution (294-FZ) without a checklist.

Rules for conducting an unscheduled inspection by Rospotrebnadzor:

• duration no more than 20 working days;
• inspectors are required to take into account the work schedule of the company being inspected;
• checks the documentation of the on-load tap-changer store on its territory;
• inspectors are not entitled to demand from the person being checked documents that are not related to the subject of the check.

The submitted decision indicates the list of documents required for verification. The company is obliged to bring them to the inspector. Documents are certified in the usual way, without a notary. You can also send them by e-mail, if there is an agreement with the inspector.

Inspectors will view the documentation on their territory.

Preparing employees for testing

It is possible to pass the test without loss. For this, not only you, but also your employees should be prepared.

They must be guided in the main legal documentation of the store (for manufactured and sold products), keep the premises clean, and have valid health books.

Important! At least one representative of the company must be present during the inspection.

It is best to attend the owner of the company. He has the right to call a personal lawyer or lawyer. The head of the company or his deputy can also replace the owner.

What documents should the employees of Rospotrebnadzor have

During the inspection, inspectors must present service certificates and a decision to conduct an inspection. They should include:

• Name and position of the inspector;
• goals and objectives of the audit;
• grounds for the audit;
• verification period;
• address and persons in respect of whom it will be carried out;
• verification conditions;
• composition of experts and expert organizations involved in the verification.

If all the documents of the inspectors are in order, and they do not differ from the data in the decision, do not interfere with the verification - help.

What documents are checked by Rospotrebnadzor

RPN employees check the following documents with the store owner:

• price tags for products (they must be correctly drawn up and filled out);
• information about suppliers and manufacturers;
• lease agreement or certificate of ownership;
• founding documents;

The Business.Ru accounting program will help you put all the documentation in order. Thanks to it, you can automate tax and accounting reporting, as well as control cash flows in company.

Be aware that RPN officers may exceed their authority. For example, initiate a complete “revision” of all company documents, etc.

In order not to be unfounded, fix all violations on a voice recorder and shoot on a video camera. This is necessary in order to appeal against the actions of inspectors and the legality of such an inspection. In many cases, if the case goes to court, he takes the side of the entrepreneur. The judge, for example, can cancel a fine or reduce the period of suspension of work.

What do employees of Rospotrebnadzor usually check?

Rospotrebnadzor has a wide range of powers:

• sanitary and epidemiological supervision;
• conducting social and hygienic monitoring;
• control over compliance with consumer protection law:
• certification of employees involved in the production, transportation, storage, sale of food products, etc.;

During an unscheduled inspection, Rospotrebnadzor checks:

• schools, kindergartens, boarding schools;
• public catering (canteens, restaurants, cafes, kiosks with food, drinks, ice cream, barrels of kvass);
• medical institutions (hospitals, polyclinics, sanatoriums);
• production plants (dairy, meat).

Inspectors are not allowed to:

1. conduct an inspection in the absence of representatives of the company being inspected (exception if there is a threat to the health of citizens);
2. conduct an inspection without notifying the owner (if it is a scheduled inspection);
3. violate the terms of the check, take away the original documents, disclose the results of the check to third parties.

Terms of verification

Possible check results

Each check ends with the drawing up of acts in two copies. They necessarily put a mark that you either agree with its results or not.

The results of the check can be as follows:

• a warning;
• administrative responsibility;
• fine;
• suspension of activities until the violations are eliminated.

Bringing to administrative responsibility can be appealed within 10 days. The fines look like this:

Unscheduled field inspection of Rospotrebnadzor

An inspector can conduct an on-site inspection if, during the verification of documents (constituent documents, lease agreement, certificate of ownership, sanitary books of employees), violations are revealed and there are doubts about the reliability of the data.

During the on-site inspection, either the head of the enterprise or his authorized representative is present. He, in turn, must have a power of attorney to represent the interests of his employer.

The inspected person must receive a decision on the on-site inspection, which indicates the subject of the inspection and the data of the inspectors. Persons not listed in the order are not entitled to be present during the procedure.

If, however, you believe the RPN claims are unfounded, you can appeal them. The court may reduce the fine by half. But only if the store owner proves the insignificance of the offense.

Unscheduled inspection of Rospotrebnadzor without warning - is it legal?

Based on the amendments made to Federal Law No. 29 “On the Quality and Safety of Food Products”, the Federal Service has the right to conduct unscheduled inspections of organizations and entrepreneurs whose activities are related to the production, sale, delivery, storage of food products without prior notice.

Should Rospotrebnadzor warn about an unscheduled inspection?

Should be in three days. But there are cases when an audit can come quite unexpectedly, but legally: if the actions of the audited company contain a threat to people's lives, the health of citizens, the environment, cultural heritage sites.

Unscheduled inspection of Rospotrebnadzor on a complaint

As a rule, such checks are carried out in relation to public catering outlets, hairdressers, beauty salons, etc. To do this, a citizen needs to contact the RPN in person, send an application by e-mail or call hotline. Anonymous submissions are not accepted.

After processing the appeal, the RPN calls the citizen to testify. You can prove your case with a photo or video, a check or damaged products, goods.

Rospotrebnadzor - unscheduled IP inspection

Checks of individual entrepreneurs and legal entities differ only in the number of hours. For small enterprises, it should take no more than 50 hours per year and 15 hours for micro-enterprises.

A micro-enterprise is also considered to be an individual entrepreneur with up to 15 employees. At the same time, the inspector must take into account these hours, combining them with the company's working hours.

Unscheduled inspection of Rospotrebnadzor New Year

Unfortunately, accidents on New Year's Day are not uncommon today. It is no secret that most of the imported sparklers are defective, and no one knows how it will behave in the hands of the buyer.

That is why the organs local government conduct holiday inspections. Their areas of interest include: Christmas markets, sparkler shops, etc. New Year's checks are notified 24 hours in advance. Notification can be made by email or telephone.

How often can Rospotrebnadzor conduct unscheduled inspections?

Each appeal of a citizen to the RPN is a reason for another check. It is important for entrepreneurs to remember that repeated offense is punished severely. For example, your business may be closed for 90 days. However, you are not exempt from paying an administrative fine and the obligation to comply with the order.

Comment

M. Skudutis
lawyer

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor) was formed on Decree of the President of the Russian Federation N 314 *one. 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 Regulation, approved. Decree of the Government of the Russian Federation of June 30, 2004 N 322 . Rospotrebnadzor exercises control and supervision in the field of sanitary and epidemiological welfare of the population Russian Federation, consumer protection in the consumer market. Read about how legal entities and individual entrepreneurs are controlled in this article.
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*1 Decree of the President of the Russian Federation of March 9, 2004 N 314 "On the system and structure of federal executive bodies" .
*2 Decree of the Government of the Russian Federation of April 6, 2004 N 154 "Questions Federal Service on Supervision in the Field of Consumer Rights Protection and Human Welfare"

The requirements for the procedure for organizing inspections of legal entities and individual entrepreneurs are contained in Federal Law No. 294-FZ of December 26, 2008 "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of state control(supervision) and municipal control" (Further - Law N 294-FZ ). These norms are detailed by acts of various bodies, in particular by Rospotrebnadzor itself.

Law N 294-FZ does not apply to the actions of state bodies in the course of an administrative investigation and control on financial markets.

Since the content of the concept of "financial market" is not defined by the legislation of the Russian Federation, Rospotrebnadzor, when exercising its powers of control (supervision) in the consumer market, proceeds from the fact that the activities of credit organizations (banks) in the provision of financial services form the financial services market. In turn, financial services are commonly understood as activities related to the attraction and use of Money both legal entities and individuals (consumers), and under the financial market - a set of various financial services (crediting, insurance, raising funds in deposits, etc.).

Accordingly, such a market is subject to control by Rospotrebnadzor (its territorial bodies) in the relevant part of it in the presence of consumer legal relations.

The legal position of Rospotrebnadzor on this issue has been confirmed in judicial practice.

Thus, in the decision of the Thirteenth Arbitration Court of Appeal dated March 11, 2010 in case N A26-11264 / 2009, upheld by the court of cassation, the court directly indicated that, in accordance with Part 3 Art. 1 Law N 294-FZ the provisions of the Law establishing the procedure for organizing and conducting inspections do not apply to the actions of state bodies in the course of production financial control, control in financial markets, banking supervision.

In the decision Arbitration Court Republic of Sakha (Yakutia) dated January 22, 2010 in case N A58-162 / 2010, which entered into force and was not appealed in the prescribed manner, the court also applied a similar interpretation of the law, additionally indicating that in the case under consideration, the Department of Rospotrebnadzor for the Republic of Sakha (Yakutia ) has taken appropriate measures in relation to the bank as part of the implementation Code of the Russian Federation on Administrative Offenses and the Law of the Russian Federation "On Protection of Consumer Rights".

Scheduled and unscheduled inspections

According to Art. nine 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, an individual entrepreneur in the process of carrying out activities mandatory requirements normative acts 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 notice of the commencement of certain types of entrepreneurial activity with mandatory requirements.

The subject of an unscheduled inspection is compliance by a legal entity, 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, consumer protection, consumer market, compliance with the instructions of the Rospotrebnadzor bodies, taking measures to prevent harm to life, health of citizens, elimination of the consequences of causing such harm.

Order of the Ministry of Economic Development of Russia No. 141 dated April 30, 2009 approved standard forms:

- an order or an order of a state control (supervision) body, a municipal control body to conduct an inspection legal entity, IP;

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

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

- a register of inspections of a legal entity, an 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, individual entrepreneurs engaged in activities in the field of healthcare, education, in social sphere, scheduled inspections may be carried out twice or more within three years. The list of activities in the field of healthcare, education and the social sphere, carried out by legal entities and individual entrepreneurs, in respect of which scheduled inspections are carried out at regular intervals, approved. Decree of the Government of the Russian Federation of 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 a legal entity located in the corresponding constituent entity of the Russian Federation.

The check is carried out taking into account the mode of operation of the person to be checked. In other words, if the working hours of your enterprise are from 9.00 to 20.00, then the inspectors are not entitled to come at non-working hours (for example, at 7 am or 10 pm). Otherwise, you can challenge their actions.

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

- the total duration of such an audit 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 conducting 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 conducting an inspection, those working hours of a legal entity or individual entrepreneur subject to inspection, which are also working hours for officials of Rospotrebnadzor, are taken into account. The requirements for the procedure for organizing and conducting a scheduled inspection are enshrined in Art. 9 of Law N 294-FZ .

Scheduled inspections are carried out on the basis of annual plans developed by the territorial bodies of Rospotrebnadzor in accordance with their authority. 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 on the official website of the territorial body of Rospotrebnadzor on the Internet or otherwise. accessible way.

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

Decree of the Government of the Russian Federation of June 30, 2010 N 489 approved the Rules for the preparation by state control (supervision) bodies and municipal control bodies of annual plans for scheduled inspections of legal entities and individual entrepreneurs. Lack of grounds for a scheduled inspection ( Part 2 and Part 3 of Art. 9 of Law N 294-FZ ) belongs to the category of gross violations of the requirements for the organization and conduct of inspections ( Art. 20 of Law N 294-FZ

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

- state registration legal entity, individual entrepreneur;

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

- the commencement of entrepreneurial activities by a legal entity, individual entrepreneur in accordance with the submitted notification of the commencement of certain types of entrepreneurial activities in the event of the performance of work or the provision of services requiring the submission of the specified notification.

The above list of grounds is closed, i.e. it is not allowed to conduct scheduled inspections for reasons not specified in it. In the period between scheduled inspections, in the cases specified in the current legislation, unscheduled inspections and procedural measures may be carried out, provided, in particular, Code of Administrative Offenses of the Russian Federation . Scheduled inspection can be documentary or field.

Note!

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

***

The Rospotrebnadzor body notifies a legal entity, an 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 on the start of a scheduled inspection by registered mail with a return receipt or in another available way ( Part 12 Art. 9 of Law N 294-FZ ).

Violation of the period under consideration belongs to the category of gross violations of the requirements for the organization and conduct of inspections ( Art. 20 of Law N 294-FZ ), entailing the cancellation of the results of the check at the request of the person being checked. In addition to sending the said notice by registered mail Part 12 Art. 9 of Law N 294-FZ allows other available means of notification.

If the person being checked is located remotely, a copy of the verification order can be sent by facsimile with subsequent receipt back via facsimile of a copy of the order containing a note that the copy of the document was received by an authorized representative of the person being checked, indicating the date and time of receipt, as well as including a signature and data signatory (full name, position). So if such a fax came, please note - this is a proper notice.

Features of conducting scheduled inspections of members self-regulatory organizations listed in parts 10, 13 and 14 of Art. 9 of Law N 294-FZ .

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

You can find out if 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 in Moscow (http://77rospotrebnadzor.ru).

How is the plan coordinated with the prosecutor's office

Drafts of annual plans for scheduled inspections of legal entities and individual entrepreneurs, developed by the bodies of Rospotrebnadzor and signed by their heads (deputy heads), shall be sent to the relevant prosecution authorities by September 1 of the year preceding the year of scheduled inspections.

The prosecution authorities consider draft annual plans for 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 on conducting joint scheduled inspections with other state control bodies (supervision) and municipal control bodies.

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

By December 1 of the year preceding the year of scheduled inspections, the prosecution authorities summarize the annual plans for scheduled inspections received from state control (supervision) bodies and municipal control bodies and send them to the Prosecutor General's Office of the Russian Federation for the formation of an annual consolidated plan for scheduled inspections. The Prosecutor General's Office of the Russian Federation forms an annual consolidated plan for scheduled inspections and places it on the official website on the Internet (www.genproc.gov.ru) until December 31 of the current calendar year.

Unscheduled check

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 conducting inspections established Part 2 Art. 13 of Law N 294-FZ in relation to small enterprises and micro-enterprises, do not apply to unscheduled inspections. In other words, for any unscheduled inspections, the general restriction in 20 working days for each one. Please note that the extension of the period of unscheduled inspections is not allowed.

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

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

1) the expiration of the deadline for the execution by a legal entity, an 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, legal entities, individual entrepreneurs, information from state authorities, local self-government bodies, from funds mass media about the following facts:

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

- causing harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage sites (monuments of history and culture) 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, individual entrepreneurs may 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 business of such legal entities, individual entrepreneurs;

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

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

Order Attorney General Russian Federation (see order of the Prosecutor General's Office of the Russian Federation dated 27.03.2009 N 93 "On the implementation of the Federal Law of 26.12.2008 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 in the prosecutor's office of conducting unscheduled on-site inspections of legal entities and individual entrepreneurs"; as amended on 12.05.2010)).

Methodological recommendations on the procedure for applying the Administrative Regulations of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare for the performance of the state function to carry out, in the prescribed manner, the verification of the activities of legal entities, individual entrepreneurs and citizens to comply with the requirements of sanitary legislation, laws and other regulatory legal acts of the Russian Federation Federations governing relations in the field of consumer protection, and for compliance with the rules for the sale of certain types of goods provided for by law, the performance of work, the 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 protection and human well-being and territorial bodies - departments of Rospotrebnadzor in the constituent entities of the Russian Federation. However, it does not hurt to know their position. This will help to better understand what rights inspectors have and what they don't, and to understand how to prevent violations of their rights, and in case of their violation, how to protect them.

Note!

In the absence of grounds, unscheduled inspections are prohibited. Violation of this rule belongs to the category of gross violations of the requirements for the organization and conduct of inspections ( Art. 20 of Law N 294-FZ ), entailing the cancellation of the results of the check at the request of the person being checked, and is also the basis for bringing the guilty officials to justice.

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

It should be noted that citizens' appeals to Rospotrebnadzor are considered in accordance with the requirements Federal Law No. 59-FZ of May 2, 2006 "On the Procedure for Considering Appeals from Citizens of the Russian Federation" .

Please note that if you receive an appeal that has signs of anonymity (i.e., without indicating the name and postal address of the applicant), but contains data on harm to the life, health of citizens or a threat of such harm, as well as a violation of consumer rights, the official of Rospotrebnadzor considering this appeal will have to take measures to identify the applicant according to the information indicated in his appeal (telephone number, address Email etc.).

Appeals and statements that do not allow identifying the person who applied to the bodies of Rospotrebnadzor, as well as appeals and statements that do not contain information about the facts specified in subpara. 2, clause 5.4 of the Guidelines, cannot serve as a basis for an audit. Therefore, you should not be afraid that an anonymous ill-wisher decides to slander your company.

Unscheduled inspections are subject to agreement with the prosecution authorities only in the presence of the following circumstances:

- check is exit;

- verification is carried out on the grounds specified in sub. "a" and "b" p. 2 h. 2 art. 10 of Law N 294-FZ (causing harm to the life, health of citizens or the emergence of a threat of this infliction).

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 27.03.2009 N 93 . Failure to coordinate an unscheduled on-site inspection under the above circumstances with the relevant prosecutor's office is classified as a gross violation of the requirements for organizing and conducting inspections ( Art. 20 of Law N 294-FZ ), entailing the cancellation of the results of the check at the request of the person being checked, 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 and health of citizens, as well as the discovery of violations of mandatory requirements in the field of sanitary and epidemiological welfare of the population, consumer protection and the consumer market at the time of such violations, due to the need to take urgent measures, Rospotrebnadzor bodies has the right to start conducting 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 decides to agree on an unscheduled inspection on the day the relevant documents are received.

The inspected person 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) the expiration of the term for the execution by a legal entity, an individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements;

2) an 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 this period belongs to the category of gross violations of the requirements for the organization and conduct of inspections ( Art. 20 of Law N 294-FZ ), entailing the cancellation of the results of the check at the request of the person being checked.

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

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

Documentary verification

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

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

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

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

Note!

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

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In the process of conducting a documentary check, officials of Rospotrebnadzor first of all consider documents of a legal entity, an individual entrepreneur that are at the disposal of the Rospotrebnadzor body, incl. notifications on the start of certain types of entrepreneurial activity, submitted in the order of requirements Art. 8 Law N 294-FZ , acts of previous inspections, materials on the 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 at the disposal of the Rospotrebnadzor body raises reasonable doubts or this information does not allow assessing the compliance by a legal entity, an individual entrepreneur with 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 verification sends a reasoned request to the person being checked with a request to submit other documents necessary for consideration during the documentary verification ( Art. 11 Law N 294-FZ ).

Please note that controllers are not entitled to require notarization of copies of documents, if this is not provided for by the legislation of the Russian Federation.

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

Please note that failure to submit documents may result in administrative liability under Art. 19.7 Administrative Code of the Russian Federation .

According to Part 5 Art. 11 Law N 294-FZ within 10 working days from the date of receipt of a motivated request, a legal entity, an individual entrepreneur must 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 an individual entrepreneur, his authorized representative, leader, other official legal entity.

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

The verified person, together 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 mistake and you have documents confirming this, be sure to attach them to the explanations.

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

Field check

According to Art. 12 of Law N 294-FZ The subject of the on-site inspection are:

- compliance of their employees;

- the condition of the territories, buildings, structures, structures, premises, equipment, similar objects used by these persons in the course of their activities, Vehicle;

- goods produced and sold by a legal entity, individual entrepreneur (work performed, services provided) and measures taken by them to fulfill the 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 where the activities of the individual entrepreneur are carried out and (or) at the place where their activities are actually carried out. An on-site inspection is carried out if it is impossible during a documentary one:

- verify the completeness and reliability of the information contained in the notification of the commencement of certain types of entrepreneurial activity and other documents of a legal entity, individual entrepreneur available at the disposal of the state control (supervision) body, municipal control body;

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

The on-site inspection begins with the presentation by the inspectors of their official ID.

Control measures are carried out on the basis of orders of state control (supervision) bodies. This is general requirement to checks by all regulatory authorities. It is enshrined in Law N 294-FZ . Inspectors must familiarize the head or other official of the legal entity, individual entrepreneur, his authorized representative with the order or order on the appointment of an on-site inspection and with 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, with the terms and conditions of its conduct. This is stated in Art. 12 of Law N 294-FZ .

An inspection can be carried out only by the official (persons) indicated in the order (order) on the implementation of the control measure.

The order must state:

- 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 audit, as well as experts involved in the audit, representatives of expert organizations;

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

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

- legal grounds for the inspection, incl. obligatory requirements subject to verification and requirements established by municipal legal acts;

- the 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, an 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 comply with the standard form approved by the order of the Ministry of Economic Development of Russia. Standard form of order approved. by order of the Ministry of Economic Development of Russia No. 141 dated April 30, 2009 (Further - order N 141 ).

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

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

- the head of Rospotrebnadzor or his deputy;

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

- Chief territorial department Department of Rospotrebnadzor for the subject of the Russian Federation, for railway transport or his deputy.

Note!

Carrying out an inspection without an order to conduct it is classified as a gross violation ( Art. 20 of Law N 294-FZ ), entailing the cancellation of the results of the check at the request of the person being checked. A copy of the order certified by the seal must be handed over to the representative of the audited organization against signature, simultaneously with the presentation of the official certificate of the inspector. If the inspectors did not show you an order to conduct an inspection and an official certificate, you can refuse to let the inspectors in. This test is illegal.

***

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

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

According to requirements Part 5 Art. 12 of Law N 294-FZ the head, other official or authorized representative of a legal entity, an individual entrepreneur, 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 an on-site inspection, if this was not preceded by a documentary inspection. In addition, the obligation is fixed to ensure access of officials conducting an on-site inspection and experts participating in an on-site inspection, representatives of expert organizations to the territory used by a legal entity, an individual entrepreneur in the course of their activities, buildings, structures, structures, premises, to those used by legal entities, individual entrepreneurs equipment like objects, vehicles and the goods carried by them.

In case of failure to provide the requested information in deadlines, as well as in case of obstruction or other opposition on the part of representatives of the inspected person to officials of Rospotrebnadzor during inspections, failure to comply with their legal requirements, etc. officials of Rospotrebnadzor should exercise their powers to bring the perpetrators to administrative responsibility, provided for Part 1 Art. 19.4 (disobedience to the lawful order of an official of the body exercising state supervision (control)), Part 1 Art. 19.5 (failure to comply in time with a legal order (decree, 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 .

For sampling (sampling) in cases where the use of special knowledge, skills, special technical means, experts, expert organizations specified in the order for the inspection are involved.

Of course, since in the process of inspections compliance with mandatory requirements in the field of sanitary and epidemiological welfare of a person and consumer protection is inspected, most inspections of Rospotrebnadzor are field inspections.

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

Involved experts, 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 (Supervisory) Bodies and Municipal Control Bodies to Carry Out Control Measures, approved. Decree of the Government of the Russian Federation of 20.08.2009 N 689 .

From January 1, 2011, the involvement of experts and expert organizations not accredited in the established order in the conduct of control measures is classified as gross violations ( Art. 20 of Law N 294-FZ ), entailing the cancellation of the results of the check at the request of the person being checked.

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

Note!

Rospotrebnadzor bodies are not entitled to involve experts and expert organizations that are members of civil law and labor relations with the person being checked, as well as those who are affiliates of the person being checked.

From January 1, 2011, participation in the audits of experts, expert organizations that are in civil law and labor relations with a legal entity, an individual entrepreneur, in respect of which the audits are carried out, is classified as gross violations ( Art. 20 of Law N 294-FZ ), entailing the cancellation of the results of the check at the request of the person being checked.

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Specified in Part 6 Art. 12 of Law N 294-FZ the ban applies only to cases of involving experts, expert organizations in conducting field inspections, i.e. These restrictions do not apply, for example:

- for the implementation of an administrative investigation (including during examinations, investigations, studies, tests, etc.), regulated by the norms Code of Administrative Offenses of the Russian Federation ;

- conducting documentary checks;

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

- circumstances when interaction of Rospotrebnadzor bodies and inspected legal entities, individual entrepreneurs and the said persons are not required to provide information and comply with the requirements of Rospotrebnadzor bodies (for example, in cases where officials of Rospotrebnadzor with the involvement of experts, expert organizations fix violations without interaction with the suspect).

The prohibition applies only to cases of civil law and labor relations between an expert, an expert organization and an audited person.

If prior to the date of commencement of the inspection, these legal relations existed, but were terminated, then the involvement of experts, expert organizations in conducting an on-site inspection is not a violation of the prohibition.

In some cases, controllers from Rospotrebnadzor may take samples (samples) of products, objects of the environment and the production environment in order to conduct their research, testing, and measurement. This is possible if such products, environmental object or production environment are the subject of verification, and, based on the content of the appeal (information) that served as the basis for the verification, entailed or could entail:

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

- Causing harm to life, health of citizens;

- Violation of consumer rights.

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

To carry out the selection of samples (samples) in cases where the use of special knowledge, skills, special technical means is required, specialists indicated (as experts) in the order for this inspection are involved.

It should be noted that such experts may be specialists from the center of hygiene and epidemiology in the relevant subject of the Russian Federation or its branch, or from another accredited organization.

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

An official of Rospotrebnadzor authorized to conduct an inspection is obliged to draw up a protocol for the selection of samples (samples) of products, objects of the environment 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. The rights and obligations of controllers need to be known. After all, if they break the law, this will give you the opportunity to recognize the check as illegal.

If the inspectors, for example, prevent you from being present during the check, this is illegal. You should first verbally point out to them this violation. Most likely, after that, controllers will stop violating your rights. This should not be forgotten in case of contesting the results of the check. After all, such a violation of the law can lead to the recognition of the audit as illegal.

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

- check the fulfillment of mandatory requirements and requirements that are 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 head, other official or authorized representative of a legal entity, an individual entrepreneur, his authorized representative during the inspection, except for the case when such an inspection is carried out on the grounds provided for, i.e. when causing harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies;

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

- disseminate information obtained as a result of an audit and constituting a state, commercial, official, other secret protected by law, except as otherwise provided by the legislation of the Russian Federation;

- exceed the established deadlines for the inspection;

The rights and obligations of controllers from Rospotrebnadzor are detailed in methodological recommendations on the application of standards Federal Law of December 26, 2008 N 294-FZ (approved by order of Rospotrebnadzor dated 03/24/2010 N 103 ). This document stipulates that during an inspection, Rospotrebnadzor officials are not entitled 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 absent during the inspection, except for the case when such an inspection is carried out on the basis provided sub. "b" p. 2 h. 2 art. 10 of Law N 294-FZ (causing harm to life, health of citizens).

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

- require the submission of documents, information, product samples, samples, if they are not objects of verification or do not relate to the subject of verification, as well as seize the originals of such documents;

- take product samples, examination samples of environmental objects and objects of the production environment for their research, testing, measurements without drawing up protocols on the selection of these samples, samples in the prescribed form and in an amount exceeding the norms established by national standards, rules for sampling, sampling and methods of their research, testing, measurements, technical regulations or valid until the day of their entry into force by other regulatory technical documents and rules and methods of research, testing, measurements;

- to carry out the issuance of instructions or proposals to legal entities, individual entrepreneurs on carrying out control measures at their expense.

Officials of Rospotrebnadzor during the inspection are obliged to:

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

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

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

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

- prove the validity of their actions when they are appealed by legal entities, individual entrepreneurs in the manner established by law Russian Federation.

Rights and obligations of entrepreneurs

The rights of legal entities, individual entrepreneurs during the audit are listed in Art. 21 of Law N 294-FZ . So, the head, other official or authorized representative of a legal entity, an individual entrepreneur, his authorized representative have the right to be directly present during the inspection, 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 upon receipt. This is also your right.

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

You also have the right to get acquainted with the results of the inspection and indicate in the act of inspection about your familiarization with the results of the inspection, agreement or disagreement with them, as well as certain actions of officials of the state control (supervision) body, municipal control body.

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

Article 22 of Law N 294-FZ establishes the right of legal entities, individual entrepreneurs to compensation for damage caused in the course of state control (supervision), municipal control. Such damage shall be compensated in accordance with Civil Code of the Russian Federation (via court).

Note!

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

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On the other hand, in accordance with the requirements Art. 25 of Law N 294-FZ when conducting inspections, legal entities are obliged 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 fulfill the mandatory requirements.

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

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

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

How are test results presented?

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

Standard form of the act of verification approved. by order of the Ministry of Economic Development of Russia No. 141 dated April 30, 2009 .

The act reflects the facts of compliance or non-compliance of the activity carried out by the verified person, the goods produced and (or) sold by him (work performed, services rendered) established during the audit with the mandatory requirements of the legislation in the field of ensuring the sanitary and epidemiological welfare of the population, protecting consumer rights, the consumer market.

The inspection report details the facts of revealed violations of mandatory requirements, disobedience to a legal order or requirement of an official of Rospotrebnadzor, and obstruction of the performance of his official duties.
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There are 4 types of verification measures that Rospotrebnadzor uses in its practice:

1. Scheduled checks

Such checks are carried out according to the schedule. In a regular manner, a scheduled inspection of the enterprise is carried out once every 3 years. An annual schedule of verification actions is drawn up, which can be found on the official Internet resource of the department - https://rospotrebnadzor.ru. The entrepreneur is notified about the implementation of this type of measures (included in the plan) at least three days before their implementation. Such notification is given to the responsible person in the enterprise or sent by mail.

In order to reduce the administrative burden on private business entities, as well as to prevent abuse during inspections by departments of various profiles, since 2017, private small and medium-sized enterprises (legal entities, as well as individual entrepreneurs) in Russia have been exempted from scheduled inspections by Rospotrebnadzor. By adopting Law No. 480-FZ of December 25, 2018, parliamentarians extended the “test holidays” in this area until December 31, 2020.

2. Documentary verification

This event is carried out on the territory of the organization (Rospotrebnadzor), or rather, in its territorial division. The verification is carried out according to the official documents provided by the subject of activity, confirming its compliance with the current legislation in the field of consumer markets, as well as the regulations of the department itself.

3. Unscheduled check

An unscheduled inspection by Rospotrebnadzor is also carried out on the basis of consumer complaints and other (including operational) information that enters the central office of the department. An unscheduled inspection is usually carried out at the site of potential violations. However, the lack of planning for this action does not mean that the enterprise where the inspection is to be carried out is not notified about it. (This is necessary just to ensure that responsible employees are at their workplaces).

They do not always warn: the exceptions are enterprises related to the production and sale of food products - here an unscheduled inspection by Rospotrebnadzor is carried out without warning.

4. Field check

The basis for organizing such an event, as a rule, is the numerous complaints of consumers that continue to come to the department even after unscheduled raids and measures to prevent violations. Such a check is already carried out to prevent potential harm to life and health. a large number citizens. Employees of Rospotrebnadzor personally arrive at the enterprise, where they carry out a total check of all aspects economic activity affecting the quality of the final product.

An on-site inspection is most often unscheduled and its purpose is not to correct individual "flaws" in the work of the enterprise, but to effectively prevent the spread of harm. So, based on the results of the on-site inspection, the activities of the enterprise may be suspended.

In what cases is an unscheduled inspection of Rospotrebnadzor carried out

The basis for an unscheduled inspection by Rospotrebnadzor, as already noted, is reports from the field about violations present at a particular facility (enterprise) - complaints from consumers. However, not every such appeal can initiate an audit, and even an unscheduled one. So, what conditions must be met in order for verification activities to be carried out:

• The application must not be written anonymously. The Office considers "denunciations incognito" as violating the right responsible persons at the enterprise for an objective investigation of the circumstances that led to the violations.
• The application must indicate detailed description each case of violation. From this document it should be clear what exactly the citizen is complaining about and how it is connected with the activities of the enterprise that is the object of the application.
• Also, unscheduled inspections are carried out after the expiration of the period allocated to the entrepreneur to fulfill the previously issued order (if any) to eliminate violations and inconsistencies discovered during the previous scheduled inspection.

The rules for conducting an unscheduled inspection by Rospotrebnadzor provide that such emergency measures should be carried out in agreement with the Prosecutor's Office of the Russian Federation. In other words, this requires the approval of the prosecutor's worker. And only if:

• there is a danger to the health or even the life of citizens and / or animals;
• the alleged violations occur at a facility associated with food production and distribution.

Only in these cases, according to the law, Rospotrebnadzor has the right to "show up", firstly, without warning, and secondly, without having a sanction from the Prosecutor's Office.

The procedure for conducting an unscheduled inspection by Rospotrebnadzor

So, an unscheduled check can be:

• documentary: it is required to provide the RPN with official documents confirming the company's compliance with the current legislation and the groundlessness of the registered claims.
• visiting: RPN employees themselves identify everything on the spot.

IMPORTANT: the period for conducting an unscheduled inspection of any type cannot exceed 20 calendar days.

In normal mode, everything starts with a documentary check. During its initiation, the inspector has the right to request a strictly defined list of documents. The law prohibits demanding from the responsible persons of the enterprise official papers that are not relevant to the subject matter.

EXAMPLE: in case of technology compliance check production control given standards and requirements, an on-load tap changer cannot require an opinion on the passage of a scheduled medical examination by the company's personnel. In accordance with the order of the RPN No. 302N, only a medical institution, and not an employer, must respond to such a request.

Documents can be submitted to the RPN both in the form of simple (notarized copies) and in the form of scanned copies via e-mail.

An on-site inspection is carried out if:

• after the documentary check, the agency will continue to receive complaints about violations;
• after the formal elimination of violations identified during the documentary audit (within 10 days after the official notification of this by the RPN), the employees of the department will have reasonable doubts that all errors or contradictions have actually been eliminated.

At all times, the visits of employees of Rospotrebnadzor (formerly SES) did not bode well. Sanitary and epidemiological requirements have been and remain very stringent, and it is often difficult to fulfill them in full. As a result, many officials of the department, coming to the next "victim", are determined in advance not to leave empty-handed. Accepting their "game", we in many ways spoiled civil servants with various kinds of "offerings". Experiencing reverent awe before inspections, most entrepreneurs completely forget that the inspector is just an official, and not an earthly incarnation of God, so it would not be out of place to know his rights and obligations.

Where does Rospotrebnadzor begin?
With the powers that the state has given him, although very often the employees of Rospotrebnadzor themselves do not quite imagine them. As a result, legal entities and individual entrepreneurs who do not even fall under the control of this department suffer. In accordance with the "Regulations on the Federal Service for Supervision of Consumer Rights Protection and Human Welfare", approved Decree Government of the Russian Federation N 322 of June 30, 2004, this service exercises the following powers of interest to us within the framework of this material:

• state sanitary and epidemiological supervision over compliance with sanitary legislation;
• state control over compliance with laws and other regulatory legal acts of the Russian Federation regulating relations in the field of consumer protection;
• control over compliance with the rules for the sale of certain (provided by law) types of goods, the performance of work, the provision of services;
• sanitary and quarantine control at checkpoints through state border RF;
• state supervision and control over the quality and safety of flour, pasta and bakery products when purchasing these products for state needs, as well as when supplying (laying) flour into the state reserve, storing it as part of state reserve and transportation;
• state supervision and control over the quality and safety of flour, pasta and bakery products during the import (export) of these products to the territory of the Russian Federation.

Another document that a potential auditee should pay attention to is the "Administrative Regulations of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare for the performance of the state function to carry out, in the prescribed manner, the verification of the activities of legal entities, individual entrepreneurs and citizens to fulfill the requirements sanitary legislation, laws and other regulatory legal acts of the Russian Federation 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, the performance of work, the provision of services" (hereinafter referred to as the Administrative Regulations). This document describes the verification procedure itself from start to finish. We advise you to print it out and keep it handy in case of a sudden visit.

What types of inspections can be carried out by employees of Rospotrebnadzor

Scheduled checks. In accordance with Art. 9 of the Federal Law can be held no more than once every 3 years according to a plan previously agreed with the prosecutor's office. Information about the objects of verification should be brought to their attention by posting on the official website of the controlling body, or through the media.

Unscheduled checks. The basis for such a check is:

• expiration of the deadline for the execution by a legal entity, an individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements and (or) requirements established by municipal legal acts;
• appeal and application of citizens, legal entities, individual entrepreneurs, information from state authorities, local authorities, on issues related to the competence of Rospotrebnadzor;
• causing harm to life, health of citizens, as well as the occurrence of natural and man-made emergencies;
• violation of consumer rights (in case of appeal of citizens whose rights have been violated).

An unscheduled inspection is also required to be coordinated with the prosecutor's office, except for cases of harm to the life and health of citizens, in which case the prosecutor's office is notified of the event within 24 hours.

When they came to check on you

The first thing to do is to ask for the official identification of all participants in the check and the order (order) to conduct the check. This is the main document for initial stage verification, so it is worth explaining its content in more detail. The order must contain mandatory details (Article 14 of the Federal Law):

• Full name, position of the official or officials authorized to conduct the audit, as well as experts involved in the audit, representatives of expert organizations;
• the name of the legal entity or full name of the individual entrepreneur, the verification of which is being carried out;
• goals, objectives, subject of the audit and the period of its implementation;
• the legal grounds for conducting the inspection, including the mandatory requirements to be verified and the requirements established by municipal legal acts;
• the 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, an individual entrepreneur is necessary to achieve the goals and objectives of the audit;
• start and end dates for the audit.

Attention! When conducting an inspection, employees of Rospotrebnadzor may present an order drawn up in accordance with the Administrative Regulations, which does not contain all the mandatory details provided for by the Federal Law. Since the law in this case has greater legal force than the regulations, you have the right to refuse the inspectors to conduct an audit until they eliminate all the shortcomings.

Remember that you obliged hand over against signature a copy of the order (order), certified by the seal.

What are health professionals usually interested in?

Firstly, they will look at the availability of sanitary and epidemiological conclusions and certificates of conformity. The former are necessary when selling products and carrying out activities specified in the Order of Rospotrebnadzor dated July 19, 2007 No. 224. Among others, it includes children's toys, foodstuffs, perfumes and cosmetics, sales activities alcoholic products. The list of goods and services that are subject to mandatory certification is contained in Decree of the Government of the Russian Federation dated December 1, 2009 No. 982. Cancellation from February 15, 2010 of mandatory certification for food products and cosmetics and perfumes does not mean the complete abolition of mandatory certification. The absence of a certificate of conformity for a product is one of the most common violations detected as a result of inspections.

In addition, officials will check compliance sanitary regulations and norms (SanPiN). Recall, an organization or an individual entrepreneur working in the field of retail, is obliged to have available the full text of the current SanPiN for its type of activity. If we are talking about the sale of food products or the provision of catering services, then most often the subject of close attention of inspectors is the shelf life of products, compliance with the commodity neighborhood, compliance with the temperature regime of food storage, compliance hygiene standards according to microbiological parameters.

In addition, they can check the existence of a contract for disinfestation (destruction of insects - ed.) And deratization (rodents - ed.), As well as visual results of work under this contract. Obviously, the contract will not save you if cockroaches crawl on the walls, and traces of mice are visible everywhere in the pantry.

And finally, all employees of the organization will be checked. Sellers must have medical books with marks on medical examinations, employees must be dressed in overalls corresponding to the main activity.

Formulation of test results

Based on the results of the audit, an act is drawn up in two copies. It states:

• date, time and place of drawing up the inspection report;
• name of the state control (supervision) body;
• date and number of the order or order for the inspection;
• Full name and position of the official or officials who conducted the inspection;
• the name of the legal entity being audited or full name, as well as the full name and position of the head, other official or authorized representative of the legal entity (individual entrepreneur) who were present during the audit;
• date, time, duration and place of the inspection;
• information about the results of the inspection, including the identified violations of the mandatory requirements and requirements established by municipal legal acts, their nature and the persons who committed these violations;
• information on familiarization or refusal to familiarize with the act of inspection of the head, other official or authorized representative of the legal entity (individual entrepreneur) who were present during the inspection, on the presence of their signatures or on the refusal to sign, as well as information on entering in the register of inspections records of the inspection carried out or the impossibility of making such an entry due to the absence of the specified journal by the legal entity (individual entrepreneur);
• signatures of the official or officials who carried out the inspection.

This act is accompanied by acts on the selection of samples (samples) of products, examination of environmental objects, protocols (conclusions) of studies (tests) and examinations, explanations of officials of Rospotrebnadzor, employees who are held responsible for violations of mandatory requirements, and other documents or their copies related to the results of the control measure.

One copy of the act with copies of the annexes is handed over to the head of the legal entity (individual entrepreneur) or their representatives against signature or sent by post with a notification of receipt, which is attached to the copy of the act remaining in the file of the state control (supervision) body.

In addition, the inspectors will not miss the opportunity to draw up a protocol and issue you an order to eliminate the violations committed if they reveal the composition of one of the following administrative offenses:

• "Violation of other consumer rights";
• Art. 14.15. Code of Administrative Offenses of the Russian Federation "Violation of the rules for the sale of certain types of goods";
• Art. 14.16. Code of Administrative Offenses of the Russian Federation "Violation of the rules for the sale of ethyl alcohol, alcoholic and alcohol-containing products, as well as beer and drinks made on its basis".

Appealing the results of the audit

If you do not agree with the results of the check, then you should not ignore them, otherwise you can wait until the moment when you are once again brought to administrative responsibility, but already under Art. 19.5. Code of Administrative Offenses of the Russian Federation "Failure to comply in time with a legal order (decree, presentation, decision) of a body (official) exercising state supervision (control)", Art. 19.6. Code of Administrative Offenses of the Russian Federation "Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense" or Art. 20.25. Code of Administrative Offenses of the Russian Federation "Non-payment of an administrative fine or unauthorized leaving the place of serving an administrative arrest."

You can state your disagreement with the results of the check in the form of a complaint, which should be sent either to the court or to a higher authority. At the same time, the complaint should pay attention to both procedural errors (for example, the participation of an unauthorized person on the part of the entrepreneur), and violations of substantive law, including their incorrect application, application of invalid regulations, etc.

Please note that different documents drawn up during the audit have their own appeal procedures. Thus, the order is appealed in accordance with Chapter 25 of the Code of Civil Procedure, and the decision in the case of an administrative offense - according to