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

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

1. Types of checks.

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

1.1. Scheduled checks.

Article 9.Organizing and conducting a scheduled inspection

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

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

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

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

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

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

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

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

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

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

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

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

1.2. Unscheduled inspections.

Article 10.Organizing and conducting an unscheduled inspection

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

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

2. The basis for conducting an unscheduled inspection is:

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

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

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

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

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

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

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

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

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

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

Those. unscheduled inspections based on:

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

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

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

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

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

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

1.3. Documentary checks.

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

Article 11. Documentary verification

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.4. On-site inspections.

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

Article 12. On-site inspection

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Conducting an inspection.

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

2.1. The procedure for organizing the inspection.

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

Article 14. Procedure for organizing the inspection

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

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

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

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

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

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

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

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

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

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

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

9) start and end dates of the inspection.

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

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

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

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

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

2.2. Verification restrictions.

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

Article 15. Limitations when conducting an inspection

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

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

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

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

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

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

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

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

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

Be sure to request a protocol. 5) disseminate information obtained as a result of the inspection and constituting state, commercial, official, other secret protected by law

, except for cases provided for by the legislation of the Russian Federation;

You should think about what should be classified as a commercial and official secret. 6) exceed deadlines

conducting an inspection;

We don’t think that the inspectors themselves will want to bother with the inspection for too long, they already have a busy schedule, but if you are interested, the timing of the inspections is determined in Article 13 of this law. 7) issue instructions or proposals to legal entities and individual entrepreneurs.

on carrying out control measures at their expense This point is very important - All inspection costs are covered by the inspection organization!

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

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

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

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

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

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

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

2.3. Responsibilities of inspectors.

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

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

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

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

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

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

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

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

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

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

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

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

A self-evident point, no comments needed.

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

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

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

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

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

The timing of inspections is defined in Article 13.

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

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

13) record the inspection performed in the audit log.

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

2.4. Rights of those being audited.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5. Responsibility of those being inspected.

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

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

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

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

3. After verification.

3.1. Registration of verification.

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

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

Article 16. Procedure for recording inspection results

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

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

2. The inspection report shall indicate:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This provision is fixed in part 1 of article 20.

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

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

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

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

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

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

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

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

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

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

In the worst case, the inspection body has the right to even temporarily ban the activities of the inspected organization and confiscate its products.

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

4. Memo.

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

1. Must be advance notice about the inspection:

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

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

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

1.2.1. No notification required – article 10 part 17.

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

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

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

2. Carrying out documentary check – article 11.

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

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

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

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

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

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

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

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

3.2. Inspectors before inspection obliged:

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

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

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

3.2.4. You may request:

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

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

3.3. During check.

3.3.1. Inspectors have no right – article 15:

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

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

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

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

Disseminate commercial and official secrets – article 15 paragraph 5.

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

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

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

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

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

3.3.2. Those being inspected are obliged to:

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

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

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

3.4. After checking.

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

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

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

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

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

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

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

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

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

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

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

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

3.4.13. On the measures taken against the perpetrators, you must be informed in writing within 10 days – article 19 part 3.

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

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For information. The head of an educational organization, in accordance with the employment contract, has the right to familiarize himself with the text of complaints that are received against the educational organization entrusted to him or against him personally; in addition, it must be remembered that the implementation of control measures without an administrative act of the authorized body is illegal. Very often, in practice, upon citizens’ appeals to the organization, an inspector from the municipal education authority is sent to the organization, but there are no permissions for the inspection (most often - an oral order from the authorities to “figure it out”), therefore, there is no action to take based on its results!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Based on paragraph 1 of Article 40 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights,” federal state supervision in the field of consumer rights protection is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (hereinafter referred to as Rospotrebnadzor). Rospotrebnadzor carries out sanitary and epidemiological control and supervision in the field of consumer rights protection.

In this article we will consider what types of inspections Rospotrebnadzor has the right to carry out, the specifics of conducting these inspections, the rights of officials and those being inspected.

Types and purposes of Rospotrebnadzor inspections

Rospotrebnadzor is vested with extensive powers and exercises supervision and control over the implementation of mandatory requirements of the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population, protecting consumer rights and in the field of the consumer market, including supervision of compliance with laws and other regulatory legal acts governing relations in areas of consumer protection; carries out, in accordance with the established procedure, inspections of the activities of legal entities, individual entrepreneurs and citizens to fulfill the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population and in the field of protecting consumer rights, as well as technical regulations, state control (supervision) over compliance with the requirements of which is entrusted to the service; organizes the reception of citizens, ensures timely and complete consideration of citizens' appeals, makes decisions on them and sends responses to applicants within the period established by law.

As we can see, one of the functions of Rospotrebnadzor is to check the activities of legal entities, individual entrepreneurs and citizens in fulfilling the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population and in the field of protecting consumer rights,

As a general rule, such inspections cannot be carried out more than once every three years. But this rule applies only to scheduled inspections. There are also unscheduled inspections. These inspections can be on-site or documentary. The period for conducting documentary and on-site inspections cannot exceed 20 working days.

Any check must be carried out taking into account the operating mode of the person being checked. Rospotrebnadzor employees do not have the right to come during non-working hours of a legal entity or entrepreneur.

Let us examine in more detail the features of each type of inspection.

Features of documentary and on-site inspections

Features of documentary verification

A documentary inspection is carried out at the location of the state or municipal control body, which distinguishes such an inspection from an on-site inspection, which is carried out at the location of the legal entity and (or) at the place of actual implementation of its activities.

The subject of a documentary inspection (within the framework of scheduled and unscheduled inspections) is the information contained in the documents of the persons subject to inspection, establishing the organizational and legal form, rights and obligations, as well as documents used in the implementation of their activities and related to their fulfillment of mandatory requirements, execution of instructions and resolutions of Rospotrebnadzor officials. The person being inspected must send the required documents to the authority that carries out the inspection within 10 working days from the date of receipt of the reasoned request.

Rospotrebnadzor officials authorized to conduct an inspection do not have the right to demand from persons subject to inspection information and documents that are not related to the subject of the documentary inspection. Inspectors should not request from the person being inspected documents that are also at the disposal of other government agencies, local governments or institutions subordinate to these bodies. A complete list of documents received by controllers through the interdepartmental electronic interaction system can be found in the List approved by the Government of the Russian Federation.

If during this inspection Rospotrebnadzor identifies errors (contradictions) in the submitted documents or inconsistencies in information, then it has the right to send information about this to the inspected person and demand that the necessary explanations be provided in writing.

A documentary inspection, as a rule, precedes an on-site inspection. That is, when carrying out scheduled or unscheduled inspections, documents are first requested to conduct a documentary (on-site) inspection. If, after reviewing the provided explanations and documents, or in the absence of explanations, signs of a violation of mandatory requirements are established, Rospotrebnadzor officials authorized to conduct an inspection have the right to conduct an on-site inspection.

Features of on-site inspection

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

Verify the completeness and accuracy of the information contained in the notification of the commencement of certain types of business activities and other documents at its disposal;

Assess the compliance of the activities of the person being inspected with the mandatory requirements established by law.

The subject of the on-site inspection is the information contained in the documents of the inspected person, as well as the compliance of their employees, the condition of the territories, buildings, structures, structures, premises, equipment, similar objects, vehicles used by the specified person in carrying out activities, goods produced and sold by the inspected person (performed work, services provided) and the measures it takes to comply with mandatory requirements and requirements established by municipal legal acts.

Let us repeat that the on-site inspection should be carried out taking into account the work schedule of the person being inspected. Rospotrebnadzor employees do not have the right to come during non-working hours of a legal entity or entrepreneur.

The procedure for verifying the activities of inspected persons includes the following administrative actions:

• reviewing documents of persons subject to verification;
• examination of the territories, buildings, structures, structures, premises, equipment, similar objects, vehicles and cargo transported by the said persons, the goods produced and sold by them, the results of the work they perform, the services they provide;
• selection of samples (samples) of products, environmental objects and production environments, conducting their research and testing;
• conducting examinations and (or) investigations aimed at establishing a cause-and-effect relationship between the identified violation of mandatory requirements and the facts of harm.

Rospotrebnadzor employees must present to the person being inspected a decree (order) to begin an inspection, signed by the head of Rospotrebnadzor (his deputy) or the head of the territorial body of Rospotrebnadzor (his deputy).

The document must indicate:

• name of the supervisory authority;
• FULL NAME. and the positions of persons authorized to conduct the inspection, as well as experts and representatives of expert organizations involved in the inspection;
• the name of the person being verified, the inspection of which is being carried out, the location of the organization (its branches, representative offices, separate structural divisions) or the place of residence of the entrepreneur, as well as the place where they actually carry out their activities;
• goals, objectives, subject of the inspection and the period for its implementation;
• legal grounds for conducting an inspection, including mandatory requirements subject to inspection and requirements established by municipal legal acts;
• timing and list of control measures;
• a list of administrative regulations for the implementation of state supervision;
• a list of documents the submission of which by the person being inspected is necessary to achieve the goals and objectives of the audit;
• start and end dates of the audit.

Based on the results of the inspection, the person being inspected receives a report containing the results of the inspection, with attachments (results of research, tests, examinations and other documents drawn up during the inspection). If an offense is detected, the person being inspected receives a protocol on the administrative offense.

Scheduled checks

A legal entity or individual entrepreneur may be included in the inspection plan if three years have passed from the date:

• state registration of an organization or entrepreneur;
• completion of the last scheduled inspection;
• the beginning of certain types of activities that are of a notification nature.

The annual plan for conducting scheduled inspections is brought to the attention of interested parties by posting it on the official website of Rospotrebnadzor on the Internet or in any other accessible way. Decree of the Government of the Russian Federation dated June 30, 2010 No. 489 established a standard form of the annual plan, as well as the procedure for preparing and conducting scheduled inspections.

The annual plans for scheduled inspections indicate the following information:

1) names of legal entities, surnames, first names, patronymics of individual entrepreneurs, whose activities are subject to scheduled inspections;

2) the purpose and basis for each scheduled inspection;

3) the date and timing of each scheduled inspection;

4) the name of the state control (supervision) body or municipal control body carrying out a specific scheduled inspection. When conducting a scheduled inspection by state control (supervision) bodies and municipal control bodies, the names of all bodies participating in such an inspection are jointly indicated.

In relation to legal entities and individual entrepreneurs carrying out activities in the field of healthcare, education, social sphere, heat supply, electric power industry, energy saving and increasing energy efficiency, scheduled inspections can be carried out two or more times every three years. The list of such types of activities and the frequency of their scheduled inspections are established by the Government of the Russian Federation.

A legal entity or individual entrepreneur is notified of a scheduled inspection no later than three working days before the start of the inspection by sending a copy of the order or order of the head, deputy head of the state control (supervision) body; about the start of a scheduled inspection - by registered mail with acknowledgment of receipt or by any other available method. If the notification was received at a later date, in particular on one of the three working days preceding the inspection, the results of the inspection can be challenged on the basis of Part 1 of Article 20 of Law No. 294-FZ, citing a gross violation of Law No. 294-FZ regarding the notification period for verification.

Checklists for scheduled inspections

From July 1, 2018, all legal entities and entrepreneurs will be checked using a checklist of checklists. Checklists (checklists) that are used during scheduled inspections have been developed and approved by order of Rospotrebnadzor.

These sheets are used:

• when conducting a scheduled inspection for the purpose of federal state sanitary and epidemiological supervision of compliance with mandatory requirements at public catering enterprises (facilities);
• when conducting a scheduled inspection for the purpose of federal state sanitary and epidemiological supervision of compliance with mandatory requirements at trade enterprises;
• when conducting a scheduled inspection for the purpose of federal state sanitary and epidemiological supervision of compliance with mandatory requirements in hairdressing salons, beauty salons, and solariums.

The checklists will be presented in the form of a table consisting of three columns. The first contains a question, the second is intended to indicate the answer, the third column includes an indication of the regulatory legal act (its structural unit), which contains the mandatory requirement being verified. The subject of the scheduled inspection is limited to the list of questions included in the corresponding checklist. At the same time, the answers to these questions clearly indicate the person’s compliance or non-compliance with the mandatory requirements.

Preference for small businesses

It will be useful to know that from January 1, 2016 to December 31, 2018, no scheduled inspections are carried out in relation to legal entities, individual entrepreneurs classified as small businesses, with the exception of legal entities, individual entrepreneurs carrying out types of activities, the list of which is established by the Government of the Russian Federation. Federation in accordance with Part 9 of Article 9 of Federal Law No. 294-FZ.

However, if earlier an inspection of a legal entity or individual entrepreneur classified as a small business revealed a gross violation and less than three years have passed since the inspection, Rospotrebnadzor has the right to conduct a scheduled inspection.

If a small business entity that does not have the above violations is still included in the annual inspection plan, then it has the right to submit to Rosportebnadzor an application for exclusion from the annual inspection plan of the inspection in relation to it, if it believes that the inspection is included in designated plan in violation of the provisions of paragraph 1 of Article 26.1 of Federal Law No. 294-FZ.

Cases and features of unscheduled inspections

Unscheduled inspections of Rospotrebnadzor are carried out in the following cases:

• expiration of the deadline for fulfilling the order received by the entrepreneur to eliminate the comments found during the scheduled inspection;
• appeal (application) of citizens, organizations, individual entrepreneurs, executive authorities;
• the emergence of a threat of causing or causing damage to the life and health of citizens during the production activities of the enterprise, the occurrence of emergency situations of a man-made or natural nature;
• violation of consumer rights (based on citizen complaints);
• violation of product labeling requirements;
• deviation from risk indicators approved by the state control (supervision) body;
• order (instructions) of the head of the control body, issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation and on the basis of the request of the prosecutor to conduct an unscheduled inspection as part of supervision over the implementation of laws on materials and appeals received by the prosecutor's office.

Please take into account that when conducting an unscheduled inspection on the specified basis, the subject of such an inspection should be limited to the issues set forth in the instructions of the President of the Russian Federation or the Government of the Russian Federation.

A legal entity or individual entrepreneur is notified of an unscheduled on-site inspection by the state control (supervision) body or municipal control body at least 24 hours before the start of the inspection by any available means. But if an unscheduled inspection occurs on the basis of Part 2 of Article 10 of Federal Law No. 294-FZ, then prior notification of the person being inspected is not required. If, as a result of the activities of persons subject to inspection, harm has been caused or is being caused to the life, health of citizens, the environment, the security of the state, and also emergency situations of a natural and man-made nature have arisen or may arise, prior notification of the persons subject to inspection of the start of the An unscheduled on-site inspection is also not required for them.

Please note that appeals and statements that do not allow identifying the person who applied to the state control (supervision) body, municipal control body, as well as appeals and statements that do not contain information about the facts specified in Article 10 of Federal Law No. 294-FZ, cannot serve as the basis for an unscheduled inspection. Thus, the legislator protected the persons being inspected from anonymous statements and complaints.

Unlike scheduled inspections, the number and frequency of unscheduled inspections are not regulated by law. This means that an unscheduled inspection can be carried out on each citizen’s request.

Test purchases as a basis for inspection

In 2018, Rospotrebnadzor received the right to conduct test purchases. Previously he did not have such powers. If, during a test purchase, violations of the mandatory requirements of the law are revealed, information about the test purchase must be provided to a representative of a legal entity or individual entrepreneur immediately after its completion. The Rospotrebnadzor official must present an official ID and an order (instruction) from the head or deputy head of the state control (supervision) body to conduct a test purchase. If no violations of mandatory requirements are identified during a test purchase, an unscheduled inspection on the same basis is not permitted.

However, in our opinion, this form of control will most likely not be used for now. This is due to the fact that until now there are no rules for conducting test purchases that the government should establish.

Rights of Rospotrebnadzor officials during an inspection

When conducting an inspection, Rospotrebnadzor officials have the right to freely verify compliance by persons subject to inspection with mandatory requirements, if such requirements fall within the powers of Rospotrebnadzor:

• require persons subject to inspection to submit documents, information, product samples, inspection samples of environmental objects and industrial environment objects, if they are the objects of inspection or relate to the subject of inspection;
• select product samples, inspection samples of environmental objects and industrial environment objects to carry out their research, testing, measurements;
• carry out measurements of environmental factors subject to the conditions provided for in paragraph 4 of Article 15 of Federal Law No. 294-FZ;
• involve experts and expert organizations that are not in civil law and labor relations with the persons subject to inspection and are not their affiliates in conducting an on-site inspection;
• visit, with the consent of citizens, their living quarters in order to inspect their living conditions;
• carry out inspections of vehicles and the cargo they transport, including food raw materials and food products, in order to establish compliance of the vehicles and the cargo they transport with sanitary rules.

Attempts to prevent the lawful activities of Rospotrebnadzor officials may entail undesirable consequences for the person being inspected: administrative liability in accordance with the provisions of Part 1 of Article 19.4 (disobedience to a lawful order of an official of the body exercising state supervision (control)), Article 19.4.1 (obstruction of lawful activities official of the state control (supervision) body), Article 19.7 of the Code of Administrative Offenses of the Russian Federation (failure to provide information (information)).

When conducting an inspection, an official of Rospotrebnadzor is prohibited from:

• check compliance with requirements that do not fall within the powers of Rospotrebnadzor;
• carry out an on-site inspection if the manager, official or other authorized person of the inspected facility is not present during the inspection (with the exception of an unscheduled inspection carried out in connection with the receipt by Rospotrebnadzor of information about facts of such violations that cause harm to life, health of people, the environment, as well as in connection with natural or man-made disasters);
• require the submission of documents, information, product samples, inspection samples of environmental objects and industrial environment objects that are not objects of inspection or are not related to the subject of inspection;
• take samples of products, samples of inspection of environmental and industrial environment objects for carrying out their research, testing, measurements without drawing up protocols on the selection of these samples;
• disseminate information obtained as a result of the inspection;
• exceed the established time limits for conducting the inspection.

Rights of inspected persons

In order to minimize the consequences of inspections, it is necessary to know that the persons being inspected are also endowed with rights that can and should be defended.

Officials and (or) representatives of a legal entity and individual entrepreneurs and (or) their representatives when carrying out control measures have the right:

• be directly present during control activities, provide explanations on issues related to the subject of the inspection;
• receive from Rospotrebnadzor and their officials information that relates to the subject of the inspection and the provision of which is provided for by Federal Law No. 294-FZ;
• get acquainted with the results of the inspection and indicate in the inspection report about your familiarization with the results of the inspection, agreement or disagreement with them, as well as with individual actions of Rospotrebnadzor officials;
• appeal the actions (inaction) of Rospotrebnadzor officials that resulted in a violation of the rights of a legal entity or individual entrepreneur during an inspection, in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation. You can appeal both an order to eliminate identified violations and an inspection report, as well as a resolution on an administrative violation;
• involve the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs or the Commissioner for the protection of the rights of entrepreneurs in a constituent entity of the Russian Federation to participate in the inspection.

The person being inspected has the right to invite a lawyer to provide legal support for the inspection, review the documents of the inspection persons and the order to conduct the inspection, enter information about the inspection in the inspection log and become familiar with the results of the inspection and the violations found.